A standard essential patent (SEP) may give the patent holder market power in the market for an input that technology … manufacturers need in order to make their products compatible with each other. Several commentators have argued that, when a patent … becomes part of a standard pursuant to an agreement among competitors given in exchange for the patent holder's promise to …

license can generate more revenue. Patent rights and trade secret rights are somewhat conflicting IP rights. Combined licenses … issued for using both patent rights and trade secret rights can evoke issues under Antitrust Laws. Composite license to use … patent and trade secret rights has economic effects on licensor and licensee both. This paper tries to analyse such effects …

reached with the party practicing the patent. The PAE phenomenon has prompted suggestions that the antitrust laws be applied …

This article examines the interweaving borders between patent law and competition law. Despite the existence of certain …

The essay develops a new approach for antitrust analysis of pay-for-delay settlements in pharmaceutical patent … “within the scope of the patent.” The essay explains why proper antitrust analysis calls for separate attention to the scope … Supreme Court's traditional test for the injunction remedy in patent infringement cases set out in the landmark eBay decision …

a standard, a manufacturer could be confronted by an innovator asserting patent rights to essential technology. A …

company:(1) has a patent needed to use a standard, (2) promises to license the patent on reasonable terms, and then (3) says … “patent holdup.”The concerns threatened by patent holdup have consistently been acknowledged by officials in Republican and … Antitrust in Preventing Patent Holdup. In contrast, they are neglected by the current Assistant Attorney General of the …

TRIPS agreement exceptions and/or to water down those exceptions. Altogether, they ramp up pressure on patent owners to give … that stealth licensing is a significant phenomenon that adversely impacts the social welfare functions of the patent system …. It risks undermining investment in technology, technology creation and the dissemination functions of the patent system …

jurisdictions, comprising: (i) the treatment of licensing practices, including refusals to license; (ii) anti-competitive patent … settlements; (iii) issues concerning standard-essential patents (SEPs); (iv) the conduct of patent assertion entities (PAEs); and …

Commentators on antitrust and patent law over the past decade have advanced the view that "patent holdup" poses a … challenge patent holdup on both theoretical and empirical grounds. This article responds to the skeptics' theoretical challenge …, by placing patent holdup within the broader class of holdup or holdout behavior as discussed in mainstream law and …