Highlights From the 2020 LeadershIP Virtual Event

Walter Copan, Makan Delrahim & Andrei Iancu On September 10, 2020, LeadershIP held an event titled Innovation Policy & the Role of Standards, IP, and...

Non-Discrimination – FRAND’s Last Stand?

Compliance with FRAND commitments by holders of standard-essential patents has largely focused on the “fair and reasonable” component of the commitment. This essay explores...

The DOJ 2020 Business Review Letter to IEEE: Balance Restored

In September 2020, the DOJ updated its 2015 business review letter to the Institute of Electrical and Electronics Engineers (“IEEE”) standard development organization (“SDO”)...

Standards, Patents, and Antitrust Policy: The Road Ahead

Standard Essential Patents (“SEPs”) have been at the center of a controversial debate for almost two decades. Recent developments have provided clarity on some...

The UK’s Role as a Venue for FRAND Litigation: Have the...

The licensing of SEPs for cellular mobile technology is a global matter — standards, technologies, and the scope of many licensees’ operations are global...

Parallels and Diverging Approaches in the UK and German Supreme Courts’...

In this paper, I discuss the German Federal Court of Justice’s decision in Sisvel v. Haier and the UK Supreme Court decision in Unwired...

How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential...

Since approximately the mid-2000s, competition regulators have largely adhered to a consensus according to which standard-essential patents pose an inherently high risk of anticompetitive...

Artificial Intelligence and Antitrust in a Post-Qualcomm World

The questions in FTC v. Qualcomm are consequential in setting competitive norms in an economy anxious about the exercise of market power. Like many...

The New Landscape in FRAND Litigation

2020 marked a turning point in global FRAND litigation: three judgments by the Federal Court of Justice (Bundesgerichtshof – “BGH”) of Germany, the Supreme...
Antitrust Chronicle FTC v. Qualcomm: The Sky Is NOT Falling

FTC v. Qualcomm: The Sky Is NOT Falling

Judges can be too demanding of plaintiffs and thereby stymie meritorious cases, but that is not what happened in FTC v. Qualcomm. The FTC...

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