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Research: Patent Assertion Entities and Standard Essential Patents: Keep Calm and Carry On

by Igor Nikolic, PhD researcher in law at the University College, London

Patent Assertion Entities and Standard Essential Patents: Keep Calm and Carry On

This article discusses positive and negative effects of PAEs’ patent assertions raised in literature and the assertion of standard essential patents by PAEs as well as the problematic surrounding patent privateering. The article aims to demonstrate that PAEs are not a unitary phenomenon, but adopt many different business models. It shows that it is incorrect to label all PAEs as “bad” and to devise rules that would be aimed at this one particular category of patent holders. It also shows that, in the SEP context, competition law is not an appropriate remedy and that PAEs do not have the ability to charge excessive royalties for SEPs.

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Categories: IP and Competition Law, IP Enforcement, Standardisation, Student Contribution

Research: Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

by Bowman Heiden and Nicolas Petit – August 2017

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.

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Categories: IP and Competition Law, IP Enforcement, Licensing, Patent System and Patent Quality

Research: Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Summary)

by Bowman Heiden and Nicolas Petit – June 2017

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Summary)

This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.

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Categories: IP and Competition Law, IP Enforcement, Licensing, Patent System and Patent Quality

Research: Lessons from Huawei v. ZTE

by Rt Hon Professor Sir Robin Jacob, Alexander Milner – October 2016

Lessons from Huawei v. ZTE

This paper first summarises the Huawei judgment and what Huawei decides in practice relating to the availability of injunctive relief for SEPs. The principal national case law since the Huawei decision is then reviewed. Finally, some matters left unresolved by Huawei are examined and the authors consider whether further action by the Commission is necessary, including in the context of the pending review of the IPR Enforcement Directive (“IPRED”). The authors consider whether it would be desirable for the European Commission to issue some form of official guidance, notably on the steps that patentees and implementers must take, respectively, to obtain or avoid an injunction in the context of a FRAND dispute.

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Categories: IP and Competition Law, IP Enforcement, Licensing, Standardisation

Research: Restrictions to patent enforcement

by 4iP Council: An English summary of an article by Prof. Klaus Melullis which appears in the “Mitteilungen der Deutschen Patentanwälte” 107. – October 2016

Restrictions to patent enforcement

This article critically analyses the arguments put forward that the patent and its enforcement limit competition, differentiating between SEP and non-SEP. It further analyses the potential need for regulatory intervention in the litigation system and the expected consequences of such potential intervention on competition, investments, research and development activities and innovation.

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Categories: IP and Competition Law, Licensing, Trade Law and Regulation