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FTC Proposal for Regulating IP Will Harm Consumers

We conclude that the FTC has not identified sufficient evidence to raise serious doubt about the current efficiencies of the IP marketplace. Indeed, the available empirical evidence suggests that these...

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Are the Smartphone Patent Wars Giving Patents a Bad Rap?

So who is the villain in all of these wars responsible for again giving patents a bad rap? Well, the villain in not the ITC, USPTO or any U.S. government agency. Nor it is any country’s protectionist...

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The Smart Phone Patent Wars: What the FRAND is Going On?

This all came to a head when, on February 22, 2012, Microsoft Corporation filed a formal competition law complaint against Google with European Union antitrust regulators. Microsoft’s complaint was...

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The Smart Phone Patent Wars: What are FRANDs For?

In all cases, the IEEE, JEDEC, ITU and TIA policies apply to both issued patents and pending applications (regardless of whether such applications are published). Further, all four policies make clear...

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Some Observations on the Market Reverberations of the Smart Phone Patent Wars

Commenting on the Yahoo! Inc. patent infringement lawsuit filed against Facebook in March of 2012, Mr. Cuban concludes his post by stating: “I hope Yahoo[!] is awarded $50 billion dollars. It is the...

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The New Era of Antitrust Law and Policy in Standards: Embracing Evidence...

On November 10, 2017, the Department of Justice’s (DOJ’s) new top antitrust enforcer, Assistant Attorney General (AAG) Makan Delrahim, delivered a powerful speech on antitrust law and policy...

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DOJ Antitrust Chief Raises Standard Setting Concerns

Increasingly, Delrahim's speeches are moving past where he began in his USC speech in November 2017, discussing this being the appropriate time to now have a discussion about the proper role antitrust...

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Rejection of proposal did not obviate requirement to disclose inventions to...

The Federal Circuit, however, found the district court’s enforceability finding to be unsupported by evidence. The rejection of Nokia’s proposal did not obviate Nokia’s requirement to disclose...

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Koh rules Qualcomm is Obligated to License SEPs to Competitors

Qualcomm was not refusing to abide by its agreed to promises to license SEPs as required by the SSOs, as alleged by the FTC. Instead, Qualcomm wasn't interested in licensing competing chip makers who...

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Standard Essential Patents: The Myths and Realities of Standard Implementation

Standard Essential Patents (SEPs) are patents that are unavoidable for the implementation of a standardized technology. They represent core, pioneering innovation that entire industries will build...

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Integrity, Quality and Secure IP Rights Are Standard-Essential

The decision came down to two technologies for detecting and correcting noise in signals transmitted over the air for 5G—one of the most fundamental features for wireless communications. Scientists and...

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Searching for Answers to the Standard Essential Patent Problem

Later this year (likely in October), the United Kingdom’s highest court will hear arguments on questions arising in two disputes concerning standard essential patents (SEPs). The UK Supreme Court has...

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The IEEE IPR Policy Amendments: Strategic Behavior and Feedback Loops

Speaking at IPWatchdog's Patent Master's Symposium today, Professor Kristen Osenga of The University of Richmond School of Law gave attendees a glimpse of her upcoming paper examining problems with the...

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FTC Proposal for Regulating IP Will Harm Consumers

We conclude that the FTC has not identified sufficient evidence to raise serious doubt about the current efficiencies of the IP marketplace. Indeed, the available empirical evidence suggests that these...

View Article

FTC Proposal for Regulating IP Will Harm Consumers

We conclude that the FTC has not identified sufficient evidence to raise serious doubt about the current efficiencies of the IP marketplace. Indeed, the available empirical evidence suggests that these...

View Article


Are the Smartphone Patent Wars Giving Patents a Bad Rap?

So who is the villain in all of these wars responsible for again giving patents a bad rap? Well, the villain in not the ITC, USPTO or any U.S. government agency. Nor it is any country’s protectionist...

View Article

The Smart Phone Patent Wars: What the FRAND is Going On?

This all came to a head when, on February 22, 2012, Microsoft Corporation filed a formal competition law complaint against Google with European Union antitrust regulators. Microsoft’s complaint was...

View Article


The Smart Phone Patent Wars: What are FRANDs For?

In all cases, the IEEE, JEDEC, ITU and TIA policies apply to both issued patents and pending applications (regardless of whether such applications are published). Further, all four policies make clear...

View Article

Some Observations on the Market Reverberations of the Smart Phone Patent Wars

Commenting on the Yahoo! Inc. patent infringement lawsuit filed against Facebook in March of 2012, Mr. Cuban concludes his post by stating: “I hope Yahoo[!] is awarded $50 billion dollars. It is the...

View Article

The New Era of Antitrust Law and Policy in Standards: Embracing Evidence...

On November 10, 2017, the Department of Justice’s (DOJ’s) new top antitrust enforcer, Assistant Attorney General (AAG) Makan Delrahim, delivered a powerful speech on antitrust law and policy...

View Article
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