Thursday, May 20, 2021

Articles on SEP/FRAND Issues in Spring 2021 Issue of Antitrust Magazine

I mentioned a few weeks ago the publication of a roundtable discussion titled "The Legacy of the Microsoft case", which I co-moderated, in the spring 2021 issue of the American Bar Association's Antitrust magazine. Two other articles published in that issue which may be of interest to readers to this blog are the following:

1. First, Jorge Contreras has a paper titled Rationalizing U.S. Standardization Policy: A Proposal for Institutional ReformHere is a link to the paper on ssrn, and here is the abstract:

In the United States, national policy regarding standardization, and especially patents covering standardized products (standards-essential patents, or SEPs) is in a state of disarray. No single U.S. federal agency has authority over national policy toward standardization, nor does a coherent national standardization policy exist. Rather, policies are created ad hoc by a range of authorities, often in response to industry lobbying and in areas outside the agencies’ core competencies. The result has been a piecemeal array of conflicting and flip-flopping policies that confound private industry, harm consumers, and diminish the role of the United States as a model for the rest of the world. Rationalizing and centralizing this patchwork of policy authority would significantly improve consistency, predictability, and stability in this area of national importance.

2.  Second, Fei Deng, Shan Jiao, and Guanbin Xie have an article titled The Current State of SEP Litigation in China. Here is a link to the article on Charles River Associates' website, with the following abstract:

China has become a major jurisdiction for resolving global standard essential patent (SEP) disputes, with its courts now open to global rate-setting, anti-suit injunctions (ASU), and anti-anti suit injunctions (AASI).

In this article published in the Spring 2021 issue of Antitrust, Fei Deng and coauthors Shan Jiao and Guanbin Xie provide observations that may help companies faced with SEP litigation in China familiarize themselves with the lay of the land.

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