Social Science Research Network (SSRN)

November 2017
Gupta, Kirti

How SSOs Work: Unpacking the Mobile Industry's 3GPP Standards

At the center of the policy debate over patents and technology standards lie the widely successful mobile wireless cellular 3G and 4G standards. This chapter of "The Cambridge Handbook of Technical Standardization Law: Competition, Antitrust, and Patents" focuses on explaining the standards...Read More

May 13, 2018
Picht, Peter Georg

FRAND determination in TCL v. Ericsson and Unwired Planet v. Huawei: Same Same But Different?

Peter Georg Picht focuses on the treatment of the two core approaches in FRAND calculation, namely the so-called “top-down” and “comparable licenses”. As to the relative importance of these two calculation approaches, Peter Georg Picht mentions that comparable licenses seem more relevant...Read More

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

March 2018
Gupta, Kirti and Effraimidis, Georgios

IEEE Patent Policy Revisions: An Empirical Examination of Impact

In February 2015, the Institute of Electrical and Electronics Engineers-Standards Association (IEEE-SA) -- one of the largest Standards Development Organizations (SDOs) -- adopted highly controversial changes to its intellectual property rights (IPR) policy. Specifically, the IEEE-SA introduced...Read More

December 2017

How Antitrust Law Can Make FRAND Commitments More Effective

"In this article, we argue that the antitrust laws have an important role to play in ensuring that the rules established by standard-setting organizations are effective in preventing the owners of standard-essential patents from engaging in patent holdup after the standard is established and...Read More

October 8, 2017

Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication

Abstract This article empirically studies current claims that patent assertion entities (PAEs), sometimes referred to as ‘patent trolls’ or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study...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

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