Thought leadership to move us forward

In 2020, China abruptly became the largest grantor of anti-suit injunctions (ASIs), which are court orders that prevent the opposing party from beginning or continuing a proceeding in another jurisdiction. China’s use of ASIs, which were used to address patent litigation initiated in a foreign country, was explicitly supported by

Adapted from The Battle over Patents: History and Politics of Innovation, edited by Stephen H. Haber and Naomi R. Lamoreaux (Oxford University Press, 2021). Complaints about the patent system are not new. Virtually all arguments that critics seize upon today to support their suggestions for a patent reform have

Competition by China with the United States for global leadership in innovation has prompted anew an age-old policy debate: What are the best policies and legal institutions to promote next-generation inventions like 5G, AI, and mRNA vaccines? Are innovations best promoted and distributed either through industrial policy initiatives like prizes,

On June 30, LeadershIP hosted a webinar titled EU DMA vs. US Legislative Proposals: Lessons and Path Forward, where the discussion focused on the Digital Markets Act (DMA)—the legislation recently adopted by the European Union that imposes obligations and prohibitions on the world’s largest digital platforms such as Apple,

Igor Nikolic’s book, Licensing Standard Essential Patents: FRAND and the Internet of Things, examines the evolution of policies, legal framework, and disputes related to standard-essential patents (SEPs) for cellular technologies – from early mobile phones, to smartphones and tablets using 3G and 4G functionalities, to the latest 5G

In December 2021, the Department of Justice issued the Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.  The Draft Policy Statement sets forth a naively idealized example of what a good faith negotiation would look like, and then turns to whether

Gregor Langus & Vilen Lipatov In our new paper ‘Efficient level of SEPs licensing’, we examine the question whether a patent holder should be allowed to choose the level in the value chain at which to offer to license its standard essential patents (SEPs). SEPs are patents

The question of timing when companies disclose their patents as being essential to practice industry standards, such as 4G and 5G, has been recently discussed in several high-profile legal disputes. Some implementers have argued that disclosures made after the “Freeze Date”— the date when new features are no longer added

B. Zorina Khan’s seminal work, Inventing Ideas: Patents, Prizes, and the Knowledge Economy, dissects the innovation policies of key industrial nations during the First and Second Industrial Revolutions — periods of historic levels of invention and creativity. The author seeks to provide insights for determining the