Social Science Research Network (SSRN)

9/6/2016
Putnam, Jonathan and Williams, Tim

The Smallest Salable Patent-Practicing Unit (SSPPU): Theory and Evidence

Jonathan Putnam and Tim Williams’ paper is the first to offer theoretical and empirical evidence for showing that the adoption of the SSPPU rule as a royalty base conflicts with fundamental economic principles and industry practices. Using economic theory, the authors establish that “the SSPPU...Read More

12/13/2016
Petit, Nicolas

EU Competition Law Analysis of FRAND Disputes

Abstract

This paper describes the degree of obligation created by a FRAND commitment on the holders of a Standard Essential Patent (“SEP”) from an EU competition law perspective. It shows that the EU courts case-law does not seem supportive of the reading of FRAND as a distributional, pricing...Read More

10/19/2016
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

9/21/2016
Haber, Stephen and Werfel, Seth

Patent Trolls as Financial Intermediaries? Experimental Evidence

7/21/2016
Kanevskaia, Olia

Technology Standard-Setting Under the Lens of Global Administrative Law: Accountability, Participation and Transparency of Standard-Setting Organizations

The role of transnational non-governmental bodies in international standardization has often been in the limelight of recent academic discussions. While standards developed by Standard-Setting Organizations (SSOs) are typically non-binding, they can nevertheless acquire an obligatory character,...Read More

6/21/2016
Petit, Nicolas

Chinese State Capitalism and Western Antitrust Policy

Enthused by China’s conversion to the free market system in 1978 and its adoption of Western-style market institutions, the world has spent the last few decades turning a blind eye to China’s real “governance” problem: that a shadow Party-State system permeates all branches of the economy....Read More

6/17/2016
Petit, Nicolas

The Antitrust and Intellectual Property Intersection in European Union Law

In European legal scholarship, many articles discuss the equilibrium reached in the case-law of the Court of Justice of the European Union (“CJEU”) when the EU antitrust prohibitions apply to, and restrain, the free and ordinary use of intellectual property rights (“IPRs”). We call this the...Read More

6/1/2016
Geradin, Damien

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

At the core of most disputes concerning the licensing of standard-essential patents (SEPs) lies the inability of the SEP holder and the standard implementer to agree on fair, reasonable and non-discriminatory (FRAND) license terms. As an alternative to court litigation, a growing number of...Read More

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