Emily Luken

Orrick, Herrington & Sutcliffe (Washington)
Lawyer (Associate)

Emily Luken is an Associate at Orrick’s Washington, D.C., office and a member of the firm’s Litigation practice group. Prior to law school, Emily worked as a research assistant and project coordinator at the Brookings Institution in Washington, D.C.


Linked authors

Orrick, Herrington & Sutcliffe (Washington)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Global Affairs Canada
Africa Competition Appeal Court (Pretoria)
Orrick, Herrington & Sutcliffe (London)
Orrick, Herrington & Sutcliffe (Washington)


1728 Bulletin

Emily Luken, James J. Tierney The US DoJ leaves the door open to offering proof that harm to innovation in the market for airline bookings is separate and independent basis to block a merger (Sabre / Farelogix)


In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline bookings is a separate and independent basis to block the merger. When (...)

Emily Luken, Jay Jurata Standard-Essential Patents and Competition Law: An Overview of EU and national case law


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.

Emily Luken, Jay Jurata, Matthew G. Rose The UK High Court of Justice issues an injunction prohibiting an undertaking from selling wireless telecommunications products in Britain due to its failure to enter into a worldwide patent license (Unwired Planet / Huawei)


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 (...)

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