Showing archive for: “SEPs”
Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute
Over at the blog for the Center for the Protection of Intellectual Property, Richard Epstein has posted a lengthy essay that critiques the Obama Administration’s decision this past August 3 to veto the exclusion order issued by the International Trade Commission (ITC) in the Samsung v. Apple dispute filed there (ITC Investigation No. 794). In ... Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute
Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Josh and Maureen are to be commended for their important contributions to the discussion over the proper scope of the FTC’s Section 5 enforcement authority. I have commented extensively on UMC and Section 5, Josh’s statement, and particularly the problems if UMC enforcement against the use of injunctions to enforce FRAND-encumbered SEPs before (see, for ... Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act
The FTC has long been on a quest to find the elusive species of conduct that Section 5 alone can tackle. A series of early Supreme Court cases interpreting the FTC Act – the most recent and widely cited of which is more than forty years old (FTC v. Sperry & Hutchinson Co., 405 U.S. ... James Cooper on the Limits of Section 5’s Scope Beyond the Sherman Act
The Final Order in the FTC’s Google standard-essential patents case and the continuing danger to standard-setting
On July 24, the Federal Trade Commission issued a modified complaint and consent order in the Google/Motorola case. The FTC responded to the 25 comments on the proposed Order by making several amendments, but the Final Order retains the original order’s essential restrictions on injunctions, as the FTC explains in a letter accompanying the changes. ... The Final Order in the FTC’s Google standard-essential patents case and the continuing danger to standard-setting
Why the ITC is actually a good place to adjudicate standard-essential patents
Over at Law360 I have a piece on patent enforcement at the ITC (gated), focusing on the ITC’s two Apple-Samsung cases: one in which the the ITC issued a final determination in which it found Apple to have infringed one of Samsung’s 3G-related SEPs, and the other (awaiting a final determination from the Commission) in which ... Why the ITC is actually a good place to adjudicate standard-essential patents
The FTC and Innovative Business Models for Patented Innovation
The Federalist Society has started a new program, The Executive Branch Review, which focuses on the myriad fields in which the Executive Branch acts outside of the constitutional and legal limits imposed on it, either by Executive Orders or by the plethora of semi-independent administrative agencies’ regulatory actions. I recently posted on the Federal Trade Commission’s ... The FTC and Innovative Business Models for Patented Innovation
The price of closing the Google search antitrust case: questionable precedent on patents
The Federal Trade Commission yesterday closed its investigation of Google’s search business (see my comment here) without taking action. The FTC did, however, enter into a settlement with Google over the licensing of Motorola Mobility’s standards-essential patents (SEPs). The FTC intends that agreement to impose some limits on an area of great complexity and vigorous ... The price of closing the Google search antitrust case: questionable precedent on patents
Standard Essential Patents and Antitrust
Last week, I participated in a panel discussion on standard essential patents and antitrust at the Washington Legal Foundation. The panel was entitled, “Standard Essential Patents: Where do IP Protections End and Antitrust Concerns Begin?” It was a great panel, and I think everyone did a really good job at avoiding any unnecessary technical jargon ... Standard Essential Patents and Antitrust
Europe Should Let Competition Run Its Course In Motorola Patent Dispute
On Tuesday the European Commission opened formal proceedings against Motorola Mobility based on its patent licensing practices surrounding some of its core cellular telephony, Internet video and Wi-fi technology. The Commission’s concerns, echoing those raised by Microsoft and Apple, center on Motorola’s allegedly high royalty rates and its efforts to use injunctions to enforce the ... Europe Should Let Competition Run Its Course In Motorola Patent Dispute
