Posts in Antitrust


Standard Essential Patents, Antitrust and Market Power

Antitrust agency communications, such as the EU Commission’s Horizontal Guidelines and the FTC/DOJ Licensing Guidelines underline that market power does not necessarily result from patent …
By Peter Georg Picht
3 months ago 2

The New Era of Antitrust Law and Policy in Standards: Embracing Evidence Based Policy-making

On November 10, 2017, the Department of Justice’s (DOJ’s) new top antitrust enforcer, Assistant Attorney General (AAG) Makan Delrahim, delivered a powerful speech on antitrust law and …
By Dr. Kirti Gupta
3 months ago 0

Qualcomm’s Antitrust War and The Patent Licensing Issues

Even at ground level, where American courts in San Diego and San Jose are now being called on to apply the law laid out in prior court …
By Michael Salzman
4 months ago 2

Korean court upholds $912M Qualcomm fine as tech rivals continue to make antitrust claims

On Monday, September 4th, a South Korean court denied a request made by San Diego, CA-based semiconductor developer Qualcomm Inc. to rescind a fine levied last December …
By Steve Brachmann
6 months ago 0

ITC opens patent infringement investigation after Qualcomm files complaint against Apple

On Tuesday, August 8th, the U.S. International Trade Commission (ITC) announced that it was opening up an investigation on claims that Cupertino, CA-based consumer electronics behemoth …
By Steve Brachmann
6 months ago 0

Why is the government suspicious of patent owners who don’t want to vertically integrate?

Why does U.S. policy with respect to patent owners and patent licensing seem to be in direct opposition to U.S. antitrust policy relating to vertical …
By Gene Quinn
7 months ago 10

Qualcomm ramps up its patent battle against Apple by asserting six non-SEPs in Section 337 complaint filed with ITC

The Qualcomm complaint alleges Section 337 violations of patent infringement caused by the importation and sale of certain mobile electronic devices and radio frequency and processing components facilitated …
By Steve Brachmann
7 months ago 122

Enforcing Post-Sale Restrictions After Lexmark: Contracts and Antitrust Issues

Like Lexmark, many technology companies rely on aftermarket revenue streams to fund ongoing investments in research and development needed to remain competitive in hotly contested technology markets. …
By Jacob Kramer
8 months ago 3

Declines in U.S. innovation, entrepreneurship the focus at Capitol Hill patent policy event

At the same time that America’s business climate has become too acidic for a vast majority of domestic startups, the nation has also been losing its …
By Steve Brachmann
9 months ago 8

Qualcomm strikes back, sues Apple for tortious interference and unlawful business tactics

Qualcomm accused Apple of engaging in tortious interference relating to Qualcomm’s licensing activities with Apple’s contract manufacturers. Specifically, Qualcomm asserts that Apple pressured contract manufacturers …
By Steve Brachmann
10 months ago 1

FTC acting chair Ohlhausen tells ABA IP conference agency revised IP guidelines are ‘modest’, give FTC flexibility

The U.S. Federal Trade Commission (FTC) will not be radically changing the analysis used to address antitrust issues presented by patent law issues. The news stems …
By Steve Brachmann
10 months ago 0

Thinking about IP and collaboration at the Patent-Antitrust Interface

This different approach—a commercialization approach—has been embraced across the American political spectrum, including both the Carter administration and the Reagan administration,[4] as well as by …
By F. Scott Kieff
11 months ago 8

Other Barks for Wednesday, April 5th, 2017

Google tries to strike a “patent peace” with a new cross-licensing initiative for Android developers. The Federal Circuit is petitioned for review of a judgment in a …
By Steve Brachmann
11 months ago 1

Governments’ Thumb on the Scales

These government agencies target successful, inventive U.S. firms. They politicize their processes and disregard the exclusivity that rightfully belongs to patent owners. They take away private …
By James Edwards
11 months ago 5

Ericsson publishes FRAND licensing rates for 5G/NR after Qualcomm sued for chip licensing activities

On March 3rd, Swedish telecommunications company Ericsson publicly announced its fair, reasonable and non-discriminatory (FRAND) terms and conditions for the licensing of standard essential patents (SEPs) for 5…
By Steve Brachmann
11 months ago 0