Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes

2021 ◽  
Author(s):  
Douglas H. Ginsburg ◽  
Joshua D. Wright ◽  
Camila Ringeling
Keyword(s):  
Limited Role ◽  
Essential Patent ◽  
Standard Essential Patent

SEP Litigation and Huawei

2017 ◽  
Vol 62 (4) ◽  
pp. 786-805 ◽  
Author(s):  
Rupprecht Podszun
Keyword(s):  
European Union ◽  
Patent Law ◽  
European Law ◽  
The European Union ◽  
Dominant Position ◽  
Court Of Justice ◽  
Essential Patent ◽  
Patent Thickets ◽  
Standard Essential Patent

In the 2015 case Huawei/ZTE, the Court of Justice of the European Union took one of its rare opportunities to rule on the interface of antitrust and patent law. The question before the Court was whether the holder of a standard-essential patent abuses a dominant position by seeking an injunction against a potential licensee. Regarding a previous line of cases under European law, the Court took a surprisingly easy solution by forcing the companies to get back to the negotiation table. This may be attributed to a new methodological balancing approach of the Court. While acknowledging the problem of patent thickets, the Court restrains the role of antitrust authorities in this field.

scholarly journals PEMBATASAN TERHADAP PERSAINGAN UNTUK MEMBENTUK PASAR DALAM KASUS STANDARD ESSENTIAL PATENT (SEP) (PERBANDINGAN HUKUM PERSAINGAN USAHA DI INDONESIA DAN UNI EROPA)

Arena Hukum ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 222-244
Author(s):  
Sih Wahyuningtyas
Keyword(s):  
European Union ◽  
Competition Law ◽  
The European Union ◽  
Relevant Market ◽  
Dominant Position ◽  
Market Dominance ◽  
Essential Patent ◽  
Technology Industries ◽  
Standard Essential Patent

The role of patents is complex when dealing with the problem of technological interoperability in cases where patented technology becomes standard. In such cases, a balance is needed between the protection of the interests of the inventor, i.e. the standard essential patent (SEP) holder, and of users who need the technology to enter the market. There is a susceptibility to restrictions on competition to create markets (competition for the market). Market dominance can be created by the adoption of SEP holder technology as a standard and hence, a key for other business actors to enter the market. With the potential for the formation of a dominant position in the relevant market, the competition law intervention is required when patent abuse occurs, as it appears typical in the pharmaceutical and information technology industries. The normative research examines how competition law in the European Union deals with SEP cases in comparison to Indonesian competition law.

scholarly journals The Limited Role of Formal Statistical Inference in Scientific Inference

2019 ◽  
Vol 73 (sup1) ◽  
pp. 91-98 ◽  
Author(s):  
Raymond Hubbard ◽  
Brian D. Haig ◽  
Rahul A. Parsa
Keyword(s):  
Statistical Inference ◽  
Scientific Inference ◽  
Limited Role

scholarly journals Correlation Analyses Reveal a Limited Role of Transcription in Genome-Wide Differential MicroRNA Expression in Mammals

2018 ◽  
Vol 9 ◽  
Author(s):  
Xiaoxiao Zhang ◽  
Siling Hu ◽  
Jia Su ◽  
Zixuan Xie ◽  
Wenjing Li ◽  
...  
Keyword(s):  
Microrna Expression ◽  
Limited Role ◽  
Correlation Analyses ◽  
Genome Wide

Limited role of entropy in information economics

1974 ◽  
Vol 5 (1) ◽  
pp. 1-7 ◽  
Author(s):  
Jacob Marschak
Keyword(s):  
Information Economics ◽  
Limited Role

Development of a Tourism Destination: Exploring the Role of Destination Capabilities

2018 ◽  
Vol 43 (4) ◽  
pp. 517-543 ◽  
Author(s):  
Ruggero Sainaghi ◽  
Manuela De Carlo ◽  
Francesca d’Angella
Keyword(s):  
Product Development ◽  
New Product Development ◽  
Development Process ◽  
New Product ◽  
Theoretical Framework ◽  
Tourism Destination ◽  
Limited Role ◽  
Dynamic Perspective ◽  
The Creation

This article aims to identify the key elements underlying a destination capability (DC) and to examine what the genesis of these factors is and how they interact to foster the destination development. The article explores a specific development process—the creation of a new product in an alpine destination (Livigno, Italy)—making use of a theoretical framework structured around four major dimensions: DCs, coordination at the destination level, inter-destination bridge ties, and destination development. The results help clarify the genesis of a DC in the context of new product development. First, the dynamics underlying the creation of a DC show that coordination at the destination level constitutes the heart of the process, whereas the integration of scattered resources in the new product plays a more limited role. Second, from a dynamic perspective, the analysis has identified three patterns (scouting, implementation, and involvement).

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