(F)RAND

Fall 2017
Competition Policy International

CPI Antitrust Chronicle – IP on Tech’s Cutting Edge: LeadershIP EU

The November 2017 Antitrust Chronicle addresses issues related to the inaugural LeadershIP EU Conference, which took place in Brussels on September 25th. The panelists at the conference came from the private and public sectors: regulators, academics and private practitioners. The Chronicle...Read More

June 2018

CPI Talks with Makan Delrahim, an Interview by Judge Douglas Ginsburg

Makan Delrahim, the Assistant Attorney General for Antitrust at the U.S. Department of Justice, delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition Policy International. Following up on that discussion, Mr....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

November 20, 2017
Corda, Giorgio and Nicita, Antonio

“That’s What Frands Are For”: The Antitrust Boundaries Of The Patent Holdup Problem

In recent times, antitrust agencies seem to be willing to limit the scope of antitrust liability for SEP holders who seek injunctions against implementers. We welcome this policy shift as past approaches granting “FRAND defense” for licensees against SEP holders’ injunction, may generate strong...Read More

October 2017
Grindley, Peter and Sherry, Ed and Teece, David

On the “non-discrimination” aspect of FRAND licensing: A response to the Indian Competition Commission's recent orders

The Indian Competition Commission has recently challenged Ericsson's practice of licensing its standards-essential patents (SEPs), relating to cellular standards, for percentage-based royalties based on the selling prices of the end-user licensed products. Ericsson had committed to the relevant...Read More

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

November 1, 2017
Sidak, Gregory

Comments on the Japan Guidelines for Licensing Negotiations Involving Standard-Essential Patents

Gregory Sidak's comments on the proposed Japan Guidelines for Licensing Negotiations Involving Standard-Essential Patents.Read More

September 14, 2017
Layne-Farrar, Anne and Wong-Ervin, Koren

Methodologies for calculating FRAND damages: an economic and comparative analysis of the case law from China, the European Union, India, and the United States

Abstract

In the last several years, courts around the world, including in China, the European Union, India, and the United States, have ruled on appropriate methodologies for calculating either a reasonable royalty rate or reasonable royalty damages on standard-essential patents (SEPs)...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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