News & Analysis as of

Standard Setting Organizations Article III

McDermott Will & Emery

2023 IP Outlook: The Latest in SEP Licensing

The uncertainty surrounding standard essential patent (SEP) licensing persisted in 2022 and shows little sign of clearing in 2023. SEPs must be licensed to technology implementers on fair, reasonable and nondiscriminatory...more

Mintz - Antitrust Viewpoints

No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up”

The Fifth Circuit recently ratified the right of holders of standard essential patents (“SEP”) to choose where in the supply chain to license SEPs and dealt a blow to the “hold up” narrative advanced by some implementers. In...more

Proskauer - Minding Your Business

Are Antitrust Claims Against Licensors of Standard Essential Patents Dead On Arrival?

If the September 2020 Continental Automotive Systems, Inc. opinion is any indicator, the answer seems to be “yes,” at least where an alleged violation of fair, reasonable, and nondiscriminatory (“FRAND”) terms and conditions...more

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