SEP

For more than two decades government regulators and self-interested private interests have challenged innovation-enhancing standards development by speculating that licensing of standard essential patents (“SEPs”) allows SEP licensors to leverage...

This article critically assesses the fundamental policy and legal challenges surrounding Standard Essential Patents in the context of European competition law. It argues that SEPs are a distinct entity, demanding...

The UPC is up and running, and considering its first FRAND cases. English and German courts have approached the question of injunctions in cases in different ways: the English court...

By Niccolò Galli (Max-Planck Institute for Innovation and Competition) On July 2015, the Court of Justice of the European Union (CJEU) rendered its preliminary ruling Huawei/ZTE. The judgment concerned the FRAND defense, specifically whether the act of seeking judicial remedies against the infringer of standard-essential patents (SEPs) constitutes an abuse of a dominant position. The […]

Foundational Factors for China’s Determination of FRAND Rates By He Jing (Anjie Law Firm)1 In May 2018, the appellate court in China’s Guangdong Province, where some of largest Chinese mobile handset manufacturers are based, issued special judiciary guidelines in dealing SEP cases. One of the most interesting provisions suggested that at least the Guangdong court […]

Posted by Social Science Research Network Taking it to the Limit: Shifting US Antitrust Policy Toward Standards Development By Jorge L. Contreras In November 2017, US Assistant Attorney General Makan Delrahim, chief of the Department of Justice (DOJ) Antitrust Division, gave a speech at University of Southern California provocatively entitled “Take it to the Limit: Respecting […]

Delrahim restores balance to antitrust treatment of SEPs By Willard K. Tom (Morgan, Lewis & Bockius LLP)1 Click here for a pdf version of this article.   In a recent open letter to Assistant Attorney General Makan Delrahim,2 a group of former government enforcement officials and professors took aim at recent speeches of AAG Delrahim […]

By Shervin Pishevar Given the recent focus on self-driving cars, it is only a matter of time before the industry begins to consider setting technical interoperability standards for such cars.  The automated vehicle industry will need a mechanism to allow these cars to drive side-by-side with both autonomous and human-operated cars, communicate with each other, […]

The Federal Trade Commission (FTC) and a putative class of cellphone purchasers asked a California federal court to request help from the Finnish government in securing documents from Nokia in parallel litigations over Qualcomm’s patent licensing practices, a day after Qualcomm made a similar request for its defense. According to Law360 on Monday, November 6, […]