Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patent (35)
- Standards (30)
- FRAND (26)
- SEP (17)
- Antitrust (8)
-
- Injunction (8)
- Patents (8)
- Standards-essential patent (7)
- Anti-suit injunction (6)
- SDO (5)
- COVID-19 (4)
- Licensing (4)
- Trademark (4)
- Balance (3)
- Commons (3)
- Competition (3)
- Copyright (3)
- Due process (3)
- Holdup (3)
- Intellectual Property (3)
- Myriad (3)
- Pandemic (3)
- Qualcomm (3)
- Remedies (3)
- Standard (3)
- 101 (2)
- A-119 (2)
- China (2)
- Coronavirus (2)
- EBay (2)
Articles 61 - 75 of 75
Full-Text Articles in Law
Considerations Regarding A Canadian Patent Collective, Jorge L. Contreras
Considerations Regarding A Canadian Patent Collective, Jorge L. Contreras
Utah Law Faculty Scholarship
In its 2018 budget, the Government of Canada pledged CDN$85.3 million over five years to support an ambitious new intellectual property (IP) strategy, including CDN$30 million for the formation of a Canadian “Patent Collective.” This paper explores the possible structure and goals of such a collective, as well as potential risks and challenges of each. It concludes that appreciable technology development by Canadian firms is not likely to be achieved through the proposed patent collective, but that such a collective could assist Canadian firms by facilitating their participation in existing international defensive patent networks. The paper recommends that the proposed …
Non-Discrimination And Frand Commitments, Jorge L. Contreras
Non-Discrimination And Frand Commitments, Jorge L. Contreras
Utah Law Faculty Scholarship
A pledge to license standard essential patents (SEPs) on a non- discriminatory basis is a common element of SDO IPR Policies, part of the larger commitment to license on Fair, Reasonable, and Non- Discriminatory (FRAND) terms. In this chapter we consider what non-discrimination pledges imply for SDO member conduct. We review the basic variants of such pledges, how they may be informed by broader legal and economic defi nitions of discrimination, and recent cases and agency guidance interpreting such commitments. We conclude with open questions regarding the legal implications of non-discriminatory licensing pledges.
Intellectual Property Policies For Solar Engineering, Jesse L. Reynolds, Jorge L. Contreras, Joshua D. Sarnoff
Intellectual Property Policies For Solar Engineering, Jesse L. Reynolds, Jorge L. Contreras, Joshua D. Sarnoff
Utah Law Faculty Scholarship
Governance of solar geoengineering is important and challenging, with particular concern arising from commercial actors’ involvement. Policies relating to intellectual property, including patents and trade secrets, and to data access will shape private actors’ behavior and regulate access to data and technologies. There has been little careful consideration of the possible roles of and interrelationships among commercial actors, intellectual property, and intellectual property policy. Despite the current low level of commercial activity and intellectual property rights in this domain, we expect both to grow as research and development continue. Given the public good nature of solar geoengineering, the relationship between …
Assessing The Effectiveness Of The Eco-Patent Commons: A Post-Mortem Analysis, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers
Assessing The Effectiveness Of The Eco-Patent Commons: A Post-Mortem Analysis, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers
Utah Law Faculty Scholarship
The authors revisit the effect of the “Eco-Patent Commons” (EcoPC) on the diffusion of patented environmentally friendly technologies following its discontinuation in 2016. Established in January 2008 by several large multinational companies, the not-for-profit initiative provided royalty-free access to 248 patents covering 94 “green” inventions. In previous work, Bronwyn Hall and Christian Helmers (2013) suggested that the patents pledged to the commons had the potential to encourage the diffusion of valuable environmentally friendly technologies. The updated results in this paper now show that the commons did not increase the diffusion of pledged inventions, and that the EcoPC suffered from a …
The Global Standards Wars: Patent And Competition Disputes In North America, Europe And Asia, Jorge L. Contreras
The Global Standards Wars: Patent And Competition Disputes In North America, Europe And Asia, Jorge L. Contreras
Utah Law Faculty Scholarship
Over the past decade there has been an increasing number of disputes concerning the enforcement and licensing of patents covering technical standards. These disputes have taken on a global character and often involve litigation in North America, Europe and Asia. And while many of the parties are the same in actions around the world, courts and governmental agencies in different jurisdictions have begun to develop distinctive approaches to some of these issues. Thus, while areas of convergence exist, national laws differ on important issues including the availability of injunctive relief for FRAND-encumbered SEPs, the appropriate method for calculating FRAND royalties, …
Pledging Patents For The Public Good: Rise And Fall Of The Eco-Patent Commons, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers
Pledging Patents For The Public Good: Rise And Fall Of The Eco-Patent Commons, Jorge L. Contreras, Bronwyn H. Hall, Christian Helmers
Utah Law Faculty Scholarship
Commons and pledge structures have been used to achieve various goals of patent holders, including the advancement of social and philanthropic aims. The article analyzes the formation and structure of a widely acclaimed effort to pool patents for the promotion of green/clean technologies – the Eco-Patent Commons (EcoPC) – as well as its actual impact on technology diffusion and the factors leading to its demise in 2016. We combine quantitative econometric techniques with qualitative interviews to paint the most complete picture of this innovative and ambitious effort to date. Our quantitative results show that the patents contributed to the EcoPC …
Tcl V. Ericsson: The First Major U.S. Top-Down Frand Royalty Decision, Jorge L. Contreras
Tcl V. Ericsson: The First Major U.S. Top-Down Frand Royalty Decision, Jorge L. Contreras
Utah Law Faculty Scholarship
On December 21, 2017, the U.S. District Court for the Central District of California released its long awaited Memorandum of Findings of Fact and Conclusions of Law in TCL Communications v. Ericsson. In a lengthy and carefully crafted decision, Judge James Selna sets forth some important new points regarding the calculation of fair, reasonable and non-discriminatory (FRAND) royalties for standardsessential patents (SEPs). Among other things, the decision offers a strong endorsement of “top down” methodologies for the calculation of SEP royalties, and makes significant use of the non-discrimination (ND) prong of the FRAND commitment in arriving at a FRAND royalty …
Eu Sep Communication Summary And Commentary - Tilec 2nd Conference On Competition, Standardization And Innovation, Jorge L. Contreras
Eu Sep Communication Summary And Commentary - Tilec 2nd Conference On Competition, Standardization And Innovation, Jorge L. Contreras
Utah Law Faculty Scholarship
These slides briefly summarize the main points of the European Commission's Nov. 29, 2017 Communication on Standards Essential Patents (SEPs)
The Anti-Suit Injunction - A Transnational Remedy For Multi-Jurisdictional Sep Litigation, Jorge L. Contreras, Michael A. Eixenberger
The Anti-Suit Injunction - A Transnational Remedy For Multi-Jurisdictional Sep Litigation, Jorge L. Contreras, Michael A. Eixenberger
Utah Law Faculty Scholarship
Litigation concerning standards-essential patents (SEPs) has become increasingly global, with parallel litigation occurring over the same issues in multiple jurisdictions throughout North America, Europe and Asia. As a result, litigants have sought mechanisms to coordinate these actions both to manage costs and to avoid inconsistent and incompatible results. One little-known procedural mechanism that has long been available to manage multi-jurisdictional litigation, and which is growing in popularity in SEP disputes, is the anti-suit injunction.
An anti-suit injunction is an interlocutory remedy issued by a court in one jurisdiction which prohibits a litigant from initiating or continuing parallel litigation in another …
Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras
Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras
Utah Law Faculty Scholarship
No abstract provided.
A New Perspective On Frand Royalties: Unwired Planet V. Huawei, Jorge L. Contreras
A New Perspective On Frand Royalties: Unwired Planet V. Huawei, Jorge L. Contreras
Utah Law Faculty Scholarship
In Unwired Planet v. Huawei, Mister Justice Colin Birss of the UK High Court of Justice (Patents) has issued a detailed and illuminating opinion regarding the assessment of royalties on standards-essential patents (SEPs) that are subject to FRAND (fair, reasonable and non-discriminatory) licensing commitments. Among the important and potentially controversial rulings in the case are: (1) there is but a single FRAND royalty rate applicable to any given set of SEPs and circumstances, (2) neither a breach of contract nor a competition claim for abuse of dominance will succeed unless a SEP holder’s offer is significantly above the true FRAND …
Essentiality And Standards-Essential Patents, Jorge L. Contreras
Essentiality And Standards-Essential Patents, Jorge L. Contreras
Utah Law Faculty Scholarship
As creatures of policy language, different SDO definitions of essentiality must be given interpretive deference. Nevertheless, as scholarship and case law in this area expands, a number of common themes emerge in the interpretation of essentiality requirements. One such theme is the economic equation of essentiality with non-substitutability that has arisen in the context of patent pools. Another is the blurred divide between commercial and technical essentiality. A third is the practical necessity of assessing essentiality when hundreds of potentially essential patent claims are at issue. These issues, coupled with the recognized phenomenon of over-declaration, suggests that more efficient, rapid …
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Utah Law Faculty Scholarship
Climate change is one of the greatest challenges confronting society today. Solar climate engineering (SCE) has the potential to reduce climate risks substantially. This controversial technology would make the earth more reflective in order to counteract global warming. Though the science of SCE is still in its infancy, SCE research and development should proceed in a coordinated, responsible, and expeditious fashion. However, the role of patents, research data, and trade secrets in SCE research remains unclear and contested. To this end, this article identifies concerns that may arise through the acquisition of intellectual property rights in SCE and proposes the …
National Disparities And Standards-Essential Patents: Considerations For India, Jorge L. Contreras
National Disparities And Standards-Essential Patents: Considerations For India, Jorge L. Contreras
Utah Law Faculty Scholarship
Patents on standardized technologies are being issued with increasing frequency, and the majority of these patents are held by large multinational firms based in developed economies. As a result, firms from less-developed economies with sparse patent holdings are disadvantaged in both domestic and foreign markets. While protectionist governmental policies can address these disparities, such measures are potentially contrary to international treaty obligations and generally unsuccessful in the long term. An alternative approach involves greater participation in international SSOs by firms from less-developed economies. This increased participation is likely to benefit such firms both in terms of technology development, strengthening of …
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
Utah Law Faculty Scholarship
Photography is an enigma. The features that distinguish it most from other art forms — the camera’s automatism and the photograph’s verisimilitude — have throughout its history also provided the basis for critics to claim that a photographer is not an artist nor the photograph a work of art. Because every photograph is the product of an automatic, mechanical device, critics argue that a photographer is a mere technician relegated to clicking a shutter button. Moreover, because every photograph displays an exact likeness of whatever happened to be sitting before the camera, critics consider that image to be a factual …