Perhaps the main difference of opinions between Regibeau & Rockett and us is that we consider the patent thicket to be a real problem in many technology sectors, and one which leads to excessive strategic behavior and litigation. Lorenzo Coppi & Stefano Trento (Compass-Lexecon)

Striking the right balance in dealing with emerging issues at the intersection between competition and IPR's can present serious challenges. Damien Geradin & Hee-Eun Kim (Covington & Burling)

We were asked by DG Competition to provide an economic evaluation of the 2004 Technology Transfer Guidelines that would serve as an input into the formal review process initiated a few months ago. Pierre Régibeau (CRAI & Imperial Coll.) & Katharine E. Rockett (Univ. of Essex)

This no-injunction idea appears to spring from a serious misunderstanding of the nature of FRAND obligations. Hill Wellford (Bingham McCutchen)

Speaking most generally, courts have tended to deny injunctions when patentees have sought to block competitors from using SEPs while being more likely to grant them when seeking injunctive relief on non-SEPs. Michael Carrier (Rutgers)

The DOJ’s statement has caused some consternation, as it signals at the very least that the agency may be willing to use the merger review process to discourage a company’s lawful exercise of its intellectual property rights. Donald Falk & Christopher Kelly (Mayer...