John "Jay" Jurata is the Practice Group Leader of Orrick’s global Antitrust and Competition Group, and is a partner in the Washington, D.C., office. His practice covers all areas of U.S. and EU competition law, with an emphasis on antitrust and intellectual property issues involving technology markets. Mr. Jurata is deeply involved in issues at the intersection of antitrust and IP, and speaks and publishes regularly on topics such as Standard-Essential Patents, F/RAND, patent assertion entities (PAEs) and patent trolls. Mr. Jurata has wide experience representing clients in government investigations relating to monopolization and abuse of dominance, mergers and acquisitions, and high-stakes antitrust and intellectual property litigation. He also provides counseling advice regarding the strategic use of patents, intellectual property licensing, interoperability, tying/bundling, pricing, distribution, and competitor collaborations. Mr. Jurata has participated in six trials in federal/state courts and appears regularly before the U.S. Department of Justice Antitrust Division, the U.S. Federal Trade Commission, the European Commission Directorate General for Competition, the U.S. International Trade Commission, and various State Attorneys General offices. Prior to entering the legal profession, Mr. Jurata served as an officer in the United States Navy.
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In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a decision of November 26, 2020, in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O (...)
After withdrawing support from a 2013 policy statement on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office, along (...)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently led a statement of interest in the Federal Trade Commission (FTC)’s (...)
The extent to which competition law has shaped developments and understandings of standard-essential patents (SEPs) has increased substantially over the past fifteen years. When e-Competitions began publishing, there were very few cases and agency enforcement actions on the topic. The “Smartphone Wars” that played out in the early 2010s altered the landscape significantly and brought about numerous decisions applying competition law and competition law principles to SEPs in Europe, the United States, and Asia. Today, the exact contours of how competition law interacts with SEPs is one of the most hotly debated topics in legal literature. Indeed, a small but vocal minority question whether the issues that arise with respect to SEPs even trigger competition law at all.
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. “Between a Rock and a Hard Place”: Unwired Planet v. Huawei and the Dangerous Implications of Worldwide FRAND Licenses I. Introduction The United Kingdom High (...)
The 2016 New York University School of Law conference, jointly organized with Concurrences Review, was held on October 28 on "Competition and Globalization in Developing Economies". The trade and competition regimes have markedly different degrees of formality at the international level and (...)
Interview conducted by Jay Jurata, Orrick, Herrington & Sutcliffe, Washington, DC. You joined Microsoft’s in-house antitrust team back in 2003. The technology industry has changed dramatically in the ten years since then. From your perspective, what have been the most important changes and (...)