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Copyright Licensing DOJ Uncategorized

[Archived Post] Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters

Cross-posted from the Mister Copyright blog. Earlier this month, a federal judge in the Southern District of New York issued an order rejecting the Department of Justice’s (DOJ) interpretation of a consent decree governing the way the performance rights organization Broadcast Music Inc. (BMI) licenses its songs. The ruling was in response to a DOJ statement that […]

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Antitrust Commercialization DOJ High Tech Industry Innovation Inventors Patent Law Patent Licensing Uncategorized

[Archived Post] Busting Smartphone Patent Licensing Myths

CPIP has released a new policy brief, Busting Smartphone Patent Licensing Myths, by Keith Mallinson, Founder of WiseHarbor. Mr. Mallinson is an expert with 25 years of experience in the wired and wireless telecommunications, media, and entertainment markets. Mr. Mallinson discusses several common myths concerning smartphone patent licensing and argues that antitrust interventions and SSO […]

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Antitrust Commercialization DOJ FTC High Tech Industry Injunctions Innovation Intellectual Property Theory International Law Patent Law Patent Licensing Patent Theory Reasonable Royalty Remedies Software Patent Uncategorized

[Archived Post] Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda

The following is taken from a CPIP policy brief by Professor Richard A. Epstein.  A PDF of the full policy brief is available here. Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda Executive Summary There are increasing complaints in both the European Union and the United States about a systematic bias […]

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Administrative Agency Antitrust Commercialization Damages DOJ Economic Study FTC Injunctions Innovation Law and Economics Patent Law Patent Licensing Patent Litigation Reasonable Royalty Remedies Uncategorized

[Archived Post] Patent Policy Debates Characterized by “Intolerably High Ratio of Theory to Evidence”

In an interview with Law360 last week, FTC Commissioner Joshua Wright spoke about the FTC’s upcoming study on PAEs and the state of today’s patent policy debates. The interview is well-worth reading in it’s entirety, and we’ve also highlighted a couple key quotes below. “One of the most fascinating things about the the policy debates […]

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Antitrust Commercialization Damages DOJ Economic Study FTC High Tech Industry Innovation International Law Law and Economics Patent Law Patent Licensing Patent Litigation Reasonable Royalty Remedies Software Patent Uncategorized

[Archived Post] An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms

By Steven Tjoe In his forthcoming George Mason University Law Review article entitled “The Meaning of ‘Fair and Reasonable’ in the Context of Third-Party Determination of FRAND Terms,” Professor Damien Geradin explores the delicate balance of interests protected by the current system of arm’s length negotiations in the standard-setting process, and the detrimental effect disrupting […]