Epstein, Richard

February 7, 2017
Epstein, Richard and Noroozi, Kayvan

Why Incentives for 'Patent Holdout' Threaten to Dismantle FRAND, and Why it Matters

This paper demonstrates that an implementer-centric view of FRAND is false and incentivizes the very patent holdout problem FRAND was intended to avoid. An increasing number of judges, legislators and scholars wrongly believe that the FRAND commitment was principally created to advance the...Read More

5/27/2016
Epstein, Richard and Holte, Ryan and Mossoff, Adam and O'Connor, Sean and Osenga, Kristen and Schultz, Mark

MCM Portfolio v. HP - Brief of 13 Law Professors

The decision by the Court of Appeals for the Federal Circuit directly contradicts this Court’s longstanding case law that secures constitutional protections in vested private property rights. The petitioner fully addresses the specific legal and constitutional issues arising from the creation...Read More

3/4/14
Epstein, Richard

Patent Reform Gone Wild

8/5/11
Epstein, Richard and Kieff, Scott and Spulber, Daniel

The FTC, IP, and SSOs: Government Hold-Up Replacing Private Coordination