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

October 2017
Grindley, Peter and Sherry, Ed and Teece, David

On the “non-discrimination” aspect of FRAND licensing: A response to the Indian Competition Commission's recent orders

The Indian Competition Commission has recently challenged Ericsson's practice of licensing its standards-essential patents (SEPs), relating to cellular standards, for percentage-based royalties based on the selling prices of the end-user licensed products. Ericsson had committed to the relevant...Read More

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

Layne-Farrar, Anne

What Can the FTC’s PAE Study Teach Us?

The survey of so-called Patent Assertion Entities, or PAEs, currently being conducted by the Federal Trade Commission (FTC) under its 6(b) authority has been broadly discussed and the results are much anticipated. The FTC’s study is meant to move past the limited information that can be gleaned...Read More

Scheuren, Fritz

What Can We Learn from the FTC’s Patent Assertion Entity Study?

This article discusses what we can learn from the FTC's Patent Assertion Entity Study. FTC officials have suggested that the study results could help inform public policy decisions with respect to PAEs and intellectual property issues and pointed to Congressional interest as part of the...Read More

Quinn, Gene

Decrease in patent litigation questions need for patent reform

Lex Machina recently released its second annual Patent Litigation Year in Review report, which provides some interesting insight into the major patent litigation trends of 2014.Read More

Spulber, Daniel

The Future of Patents and the Fork in the Road

You can learn a lot from Yogi Berra. A master of the mystifying bon mot, Berra once said “If you come to a fork in the road, take it!” The story goes that when traveling to Yogi Berra’s house, you came to a fork in the road, but either path took you to his door. We are now at that proverbial...Read More

Quinn, Gene

Understanding the valuable role played by Patent Trolls [Interview with Stephen Haber]

This article is an interview beween Gene Quinn and Stephen Haber. It discusses how the over use of the term patent troll has played a significant public relations advantage for those who continue to push for still more legislative patent reform. After all, who can be in favor of a troll?Read More