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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. e-Competitions has

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Authors

  • Orrick, Herrington & Sutcliffe (Washington)
  • Orrick, Herrington & Sutcliffe (Washington)

Quotation

Emily Luken, Jay Jurata, Standard-Essential Patents and Competition Law: An Overview of EU and national case law, 22 November 2018, e-Competitions Standard Essential Patents, Art. N° 88461

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