Litigation

February 2018
Lemley, Mark and Simcoe, Timothy

How Essential Are Standard-Essential Patents?

Courts, commentators, and companies have devoted enormous time and energy to the problem of standard-essential patents (SEPs) – patents that cover (or at least are claimed to cover) industry standards. With billions of dollars at stake, there has been a great deal of litigation and even more...Read More

November 20, 2017

European Competition Law: Enforcement Or Regulation After Intel?

The EUCJ Intel decision is a reminder that European competition law looks different from that of the North American jurisdictions where economic effects drive enforcement policy and a tradition of due process and procedural fairness exists. Intel suggests limits to DG Competition’s enforcement...Read More

November 20, 2017
Ortiz Blanco, Luis and Azofra Parrondo, Jose Luis

The Intel Case: Issues Of Economic Analysis, Comity And Procedural Fairness

The Court of Justice of the European Union's judgment in the Intel case has provoked mixed reactions as it gathers important points of law in three relevant fields of EU competition practice. First, the Court may have laid the foundations for a more demanding economic analysis in abuse of...Read More

November 20, 2017
Vary, Richard

Smartphone Wars: A Phantom Menace

The Smartphone Wars resulted from new adopters of wireless technologies displacing the traditional mobile phone companies, and courts ill-equipped to address portfolio disputes. With IoT and 5G, some fear that the latest influx of new adopters of wireless technologies will result in a further...Read More

March 2017

Litigation of Standards-Essential Patents in Europe: A Comparative Analysis

The article “Litigation of Standard Essential Patents in Europe: A Comparative Analysis” is the first quantitative assessment of SEP assertions by NPEs in Europe. By matching case-level data from two major patent litigation jurisdictions, Germany (2000-2008) and the UK (2000-2013), Contreras et...Read More

November 2016
Sherry, Ed and Teece, David

A Public Policy Evaluation of RAND Decisions in the U.S. Courts

Standards-setting organizations (SSOs) typically ask holders of patents that are believed to be “essential” to the manufacture of standards-compliant products (sometimes termed standard-essential patents or “SEPs”) to commit to making licenses available to an “unlimited” number of potential...Read More

May 2016
Barry, Christopher and Arad, Ronen

2016 Patent Litigation Study: Are we at an inflection point?

10/25/2015
English, Mark and Rato, Miguel

An Assessment of Injunctions, Patents, and Standards Following the Court of Justice’s Huawei/ZTE Ruling

Abstract

In its Huawei/ZTE ruling, the Court of Justice of the EU establishes the legal standard for a fair, reasonable, and non-discriminatory (FRAND) defence in EU competition law as a basis for resisting injunction requests in respect of alleged infringement of a standard essential patent. In...Read More

9/15/15
RPX Corporation

RPX 2014 NPE Cost Report

8/17/2015
Gupta, Kirti and Llobet, Gerard and Padilla, Jorge

The Licensing of Complementary Innovations and the Threat of Litigation

Abstract

It has been commonly argued that in Standard Setting Organizations the large number of inventors that hold patents for technologies that are essential for development of compatible products leads to excessively large royalties. This wellknown Cournot-complements or Royalty-Stacking...Read More

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