November 2017
Ginsburg, Douglas and Wong-Ervin, Koren

The Department of Justice’s Long Awaited and Much Needed Course Correction on FRAND-Assured Standard-Essential Patents

On November 10, 2017, the Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice, Makan Delrahim, announced a crucial course-correction for policies involving standard-essential patents (SEPs) that a patent holder has voluntarily committed to license on fair,...Read More

August 2017
Rosenbrock, Karl Heinz

Why the ETSI IPR Policy Requires Licensing to All

September 2017
Mallinson, Keith

Development of Innovative New Standards Jeopardised by IEEE Patent Policy

"In March 2015, IEEE significantly amended its patent policy in what was couched as an “update” but that seeks to significantly revise commitments from parties holding patent claims essential to IEEE standards to license those rights on reasonable and non-discriminatory (RAND) terms. Changes...Read More

August 8, 2017
Contreras, Jorge

Aggregated Royalties for Top-Down FRAND Determinations: Revisiting 'Joint Negotiation'

In an environment in which widely-adopted technical standards may each be covered by large numbers of patents, there have been increasing calls for courts to determine “fair, reasonable and non-discriminatory” (FRAND) royalties payable to holders of standards-essential patents (SEPs) using “top-...Read More

April 12, 2017
Van Audenrode, Marc and Royer, Jimmy and Stitzing, Robin and Sääskilahti, Pekka

Over-Declaration of Standard Essential Patents and Determinants of Essentiality

Larouche, Pierre and Schuett, Florian

Repeated Interaction in Standard Setting

Pierre Larouche and Florian Schuett construct an economic model of standard setting that shows repeated interaction among SSO participants, combined with technological complementarities alleviate the “patent hold-up” issue. The authors illustrate that contributors are able to discipline others...Read More

Petit, Nicolas

EU Competition Law Analysis of FRAND Disputes


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