Wong-Ervin, Koren

May 2017
Wong-Ervin, Koren

Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies

Several recent antitrust investigations involving the licensing of intellectual property rights (IPR) have raised concerns about fundamental due process and the alleged use of industrial policy in antitrust investigations to lower royalty rates, particularly for standard-essential patents (SEPs...Read More

April 26, 2017
Wong-Ervin, Koren and Ginsburg, Douglas and Layne-Farrar, Anne and Robins, Scott and Slonim, Ariel

A Comparative and Economic Analysis of the U.S. FTC’s Complaint and the Korea FTC’s Decision Against Qualcomm

On January 17, 2017, the U.S. FTC filed a lawsuit against Qualcomm based on a “monopoly broth” or course of conduct theory for alleged monopoly maintenance in certain narrowly defined baseband processor markets. In a jurisdiction on the other side of the globe, the KFTC issued an administrative...Read More

April 2017
Wong-Ervin, Koren and Hicks, Evan and Slonim, Ariel

Tying and Bundling Involving Standard-Essential Patents


Competition agencies around the world, including in Canada, China, India, Japan, Korea, and the United States (at least prior to the current administration), have taken the unwarranted position that antitrust enforcement involving standard-essential patents (SEPs) upon which a patent...Read More

Ginsburg, Douglas and Kobayashi, Bruce and Wong-Ervin, Koren and Wright, Joshua

Extra-Jurisdictional Remedies Involving Patent Licensing

This article discusses the various approaches taken thus far, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by the European Commission (“DGComp”) against Motorola and Samsung, respectively; and one by China’s National Development and Reform Commission (“NDRC”)...Read More

Wong-Ervin, Koren and Wright, Joshua

Intellectual Property and Standard Setting

Layne-Farrar, Anne and Wong-Ervin, Koren

Standard-Essential Patents and Market Power

While most agencies that have addressed the issue recognize that intellectual property rights (IPRs), including standard-essential patents (SEPs), do not necessarily confer market power, there remains much confusion over how to determine the proper relevant market and the issue of whether a...Read More

Ginsburg, Douglas and Kobayashi, Bruce and Wong-Ervin, Koren and Wright, Joshua

Monetary Penalties in China and Japan


Recent solicitations for comments on monetary penalties in China and Japan highlight opportunities to improve the deterrent effect of antitrust law by more closely aligning penalties with economic theory and evidence. When monetary penalties are not based upon economic analysis and...Read More

Padilla, Jorge and Wong-Ervin, Koren

Portfolio Licensing at the End-User Device Level: Analyzing Refusals to License FRAND-Assured Standard-Essential Patents at the Component Level

This article shows through a simple model, that due to the FRAND commitment and because most FRAND-assured SEP holders do not assert their patents at the component level, there is likely no foreclosure or exclusionary conduct or otherwise harm to competition.Read More

Ginsburg, Douglas and Kobayashi, Bruce and Wong-Ervin, Koren and Wright, Joshua

Comment of the Global Antitrust Institute, George Mason University School of Law, on the Korea Fair Trade Commission’s Amendment to Its Review Guidelines on Unfair Exercise of Intellectual Property Rights


This comment is submitted to Korea's Fair Trade Commission ("KFTC") by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the KFTC's December 16, 2015 amendments to its Review Guidelines on Unfair Exercise of Intellectual Property Rights. The...Read More