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Research: Downsides of Using Inadequate Open Source Software Processes and Licenses within Standard Development

These slides were presented 2 March 2021 during a 4iP Council webinar with Michele Herman, CEO of Early Stage Health-Tech Startup and Founder of JusTech Law and Dr. Justus Baron, Senior Research Associate at the Center on Law, Business, and Economics, Northwestern University Pritzker School of Law. The presentation discussed the competition risks that may arise when SDOs integrate specification development with open source software development, and in particular, when SDOs develop and adopt their own open source reference implementation of the SDO’s standard.

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Categories: Standardisation, Licensing, Open Source Software

Research: The New Landscape in FRAND Litigation

by Haris Tsilikas

Summary of ‘The New Landscape in FRAND Litigation’. Three judgments by the Federal Court of Justice (Bundesgerichtshof – BGH) of Germany, the Supreme Court of the UK, and the US Court of Appeals for the Ninth Circuit change the landscape in international FRAND litigation. The three decisions point to a growing convergence in the adjudication of FRAND disputes in these three major jurisdictions (US, Germany, and UK). In the new landscape, courts emphasise industry practice in reviewing disputes between owners of standard-essential patents (SEPs) and standard users regarding FRAND licensing terms. Full paper available at: Haris Tsilikas, ‘The New Landscape in FRAND Litigation’ (December 2020) Competition Policy International – Antitrust Chronicle https://www.competitionpolicyinternational.com/the-new-landscape-in-frand-litigation/

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

Research: The Value of Standard Essential Patents and the Level of Licensing

by Bowman Heiden, Jorge Padilla, Ruud Peters

The Value of Standard Essential Patents and the Level of Licensing

In this summary paper the authors argue that the value of standard essential patents (SEPs) should be independent of the level of licensing in the value chain. They further argue the value of enabling technologies, such as SEPs, is best determined in relation to the value it produces to the consumer or end-user, regardless of the licensing level. Finally, the authors discuss legal, economic, and organisational factors that can guide market actors to determine the optimal level of licensing through private ordering. Two cases studies, regarding optical standards and cellular standards, are presented to illustrate SEP licensing challenges and solutions in practice. Full paper available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3717570.

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Categories: Standardisation, Licensing, FRAND, Internet of Things (IoT)

Research: The Value of Cellular Connectivity – From Mobile Devices to the Internet-of-Things (IoT)

Executive summary of "The Value of Cellular Connectivity – From Mobile Devices to the Internet-of-Things (IoT)" by Bowman Heiden (Co-Director of the Center for Intellectual Property (CIP) in Gothenburg, Sweden, and Visiting Professor at the Fung Institute of Engineering Leadership at UC-Berkeley). Full paper available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3670222

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Categories: Standardisation, Licensing, IP and Competition Law, Policy, Internet of Things (IoT)

Research: Summary of the European Commission's workshop on the pilot project for essentiality assessments of SEPs

by 4iP Council

Summary of the European Commission's workshop on the pilot project for essentiality assessments of SEPs

4iP Council Report on the ‘Online Presentation of the results of the pilot project for essentiality assessments of Standard Essential Patents’ held on the 2nd December 2020.

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Categories: Patent System and Patent Quality, Standardisation, Licensing, European Commission, FRAND, Policy, Regulation