Interoperability

Antitrust and Innovation Competition

Some antitrust policymakers are recognizing the importance of innovation competition, including nonprice competition and technological change. Antitrust policymakers must update their analysis to avoid errors.

Measuring the Private and Social Returns to R&D: Unintended Spillovers versus Technology Markets

Traditional methods of estimating returns to research and development (R&D) ignore gains from selling or licensing intellectual property. Counting these gains shows they are an important source of returns to R&D.

Antitrust Policy Toward Patent Licensing: Why Negotiation Matters

Some are concerned that patents for complex innovations give rise to problems such as royalty stacking or patent thickets. However, empirical data shows that patent pools and negotiation of patent licenses tend to eliminate these concerns.

Licensing Standard Essential Patents with FRAND Commitments: Preparing for 5G Mobile Telecommunications

As 5G mobile telecommunication technologies develop, some have proposed that courts or administrative agencies should regulate licensing of Standard Essential Patents (SEPs).

Finding Reasonable Royalty Damages: A Contract Approach to Patent Infringement 

Courts differ as to how to calculate damages for patent infringement. The best approach would be for courts to construct an “informed contract” between the parties to the dispute.

Standard Setting Organizations and Standard Essential Patents: Voting and Markets

Some observers are concerned that standard setting unfairly benefits the owners of standard essential patents (SEPs). However, standard setting organizations (SSOs) usually choose rules that benefit all.

FRAND (And Industrial Policy) in China

Some patents must be licensed under fair, reasonable, and non-discriminatory (FRAND) terms. China’s Anti-Monopoly Law (AML) empowers Chinese authorities to decide cases involving such licenses. Because the Chinese economy is so large, Chinese decisions will affect licensing worldwide.

FRAND in India

Some patents must be licensed on fair, reasonable, and non-discriminatory (FRAND) terms. In India, both the Competition Commission of India (CCI) and the courts have decided FRAND disputes. The CCI’s decisions lack detail and adopt different rules than the courts.

Deal or No Deal? Licensing Negotiations by Standard Setting Organizations

This paper determines when negotiations between standard-setting firms and patent holders are economically desirable.

Higher Standards: Regulation in the Network Age

The author argues that the FCC should move towards a standards-based approach to overseeing digital networks.