Thought leadership to move us forward

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