Media Articles and Blogs

December 7, 2017

Delrahim’s SEP Policy Could Mean Enforcement Shift For DOJ

Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct, but experts tell Law360 it’s too soon to tell...Read More

November 30, 2017
Gupta, Kirti

The New Era of Antitrust Law and Policy in Standards: Embracing Evidence Based Policy-making

This article details the Department of Justice’s (DOJ’s) new top antitrust enforcer, Assistant Attorney General (AAG) Makan Delrahim, powerful speech on November 10, 2017 on antitrust law and policy enforcement towards intellectual property rights (IPRs).Read More

November 20, 2017
Dhapi, Spiro and Schettini Gherardini, Bardo

Standard Development Organizations And IPR Policies: Their Role In Realizing Future Technologies

In the growing digitalized economy, interconnected devices in all sectors need technology standards to operate. As standards are drivers for innovation, when they embed proprietary technology, notably Standard Essential patents (“SEPs”), their widespread use may be seen as an opportunity, but...Read More

November 15, 2017
Pohlmann, Tim

Industry report - How to count and valuate standard-essential patents

In this report, Tim Pohlmann notes that counting and valuing cellular SEPs -- 3G, 4G and soon 5G -- are increasingly the subject of lively debate among industry practitioners, policy makers and regulatory institutions. His analysis aims to shed light on different approaches, which can be...Read More

September 13, 2017
Teece, David

How The FTC Has Erred On Innovation Policy Issues

August 2017
Wong-Ervin, Koren

Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter

The U.S. Department of Justice’s Antitrust Division (DOJ) departed from its own position and offered recommendations for SDOs that were ultimately adopted in large part by the Institute of Electrical and Electronics Engineers (IEEE), there was evidence of a decline in the number of letters of...Read More

May 2017
Wong-Ervin, Koren

Problems In Proposed Changes To Vietnam's Competition Law

The Vietnam Competition Authority (VCA) is currently working on proposed amendments to the Competition Law of the Socialist Republic of Vietnam, which illustrate the need for economically sound effects-based competition analysis. Among the troubling provisions in the current draft is Chapter IV...Read More

Winter 2016
Barnett, Jonathan

Are There Really Patent Thickets?

Treffers, Menno

A micro-economic estimate of the reasonable royalty rate for standard essential patents

Standards Development Organizations (SDOs) usually require that companies participating in creating the standard commit to license their essential patents on “reasonable and non-discriminatory” (RAND) terms and conditions, although they don’t specify what RAND means exactly. Some require “fair,...Read More