I submitted comments to the US Department of Justice’s call for comments that we previously discussed here. Since they are rather long, I have decided to serialize them over a series of shorter posts....more
I submitted comments to the US Department of Justice’s call for comments that we previously discussed. Since they are rather long, I have decided to serialize them over a series of shorter posts....more
2/14/2022
/ Competition ,
Department of Justice (DOJ) ,
FRAND ,
Innovation ,
Intellectual Property Protection ,
Inventions ,
IP License ,
Patents ,
Policy Statement ,
Regulatory Agenda ,
Regulatory Requirements ,
Standard Essential Patents
I submitted comments to the US Department of Justice’s call for comments that we previously discussed here. Since they are rather long, I have decided to serialize them over a series of shorter posts....more
I. Background for The Withdrawal from the 2013 Policy Statement -
In December 2018, former Assistant Attorney General for Antitrust Makan Delrahim announced DOJ’s withdrawal from the 2013 Statement....more
2/8/2022
/ Big Tech ,
Department of Justice (DOJ) ,
FRAND ,
Innovation ,
Intellectual Property Protection ,
Inventions ,
NIST ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Policy Statement ,
Public Comment ,
Standard Essential Patents ,
USPTO
Executive Summary -
The 2013 statement was a favor to Apple and Google and was widely misinterpreted and misused (often intentionally by opportunistic infringers found by courts and/or the ITC to be “unwilling). It was...more
Anyone who has observed standard essential patents (SEPs) for any length of time knows quite well that behind all the legalese there is a heavy dose of politics – both foreign and domestic. Thus, it came as no surprise that...more
I’ve written here before about the broad adverse effects of the 2015 IEEE patent-devaluing policy. In September this year, the U.S. Department of Justice (DOJ) also picked up on these effects in a supplemental business review...more
Last year, I described the broad negative and anticompetitive consequences of the IEEE’s 2015 patent policy, and was pleased to see the U.S. Department of Justice’s important 2020 Business Review Letter to IEEE (“DOJ BRL”)...more
Earlier this month the U.S. Department of Justice issued an updated Business Review Letter (BRL) for the IEEE patent policy. The new letter offers an important clarification on how antitrust analysis of standards...more
10/5/2020
/ Antitrust Litigation ,
Apple ,
Business Review Letters ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FRAND ,
IEEE ,
Intel ,
Intellectual Property Protection ,
IP License ,
Patent Litigation ,
Patents ,
Standard Essential Patents ,
Trade Secrets
Recently, the Department of Justice issued a business review letter (BRL) relating to Avanci’s proposed 5G licensing platform for patents declared as potentially essential owned by its globally diverse thirty eight...more
8/8/2020
/ 5G Network ,
Antitrust Litigation ,
Business Review Letters ,
Department of Justice (DOJ) ,
End-Users ,
European Commission ,
IEEE ,
IP License ,
Online Platforms ,
Patent Exhaustion ,
Patent Infringement ,
Patent Registration ,
Patent Royalties ,
Patents ,
Popular ,
Standard Essential Patents