FedSoc Forums

Patents and Antitrust, Worldwide


Listen Later

The smartphone patent wars have caused a great deal of litigation and consternation. As global patent litigation has accelerated, an international arms race characterized by competing alliances and massive portfolio acquisitions ensued. One recurring claim was "hold-up": certain patent owners, having given assurances that they would license their essential technologies on reasonable and nondiscriminatory (RAND) terms, sought to enjoin smartphone makers from practicing industry standards. Charged with protecting consumers, antitrust enforcers experienced pressure to do something. -- The FTC and other competition agencies responded aggressively, clamping down on perceived efforts by owners of RAND-encumbered SEPs to hold-up standard implementers. They happened upon the rule that such patentees violate antitrust law if they try to enjoin a “willing licensee”—essentially a “no-injunction rule.” While that approach has intuitive appeal, is it consistent with core antitrust principles? Does the no-injunction properly consider whether the relevant conduct harms competition? Have the U.S. Federal Trade Commission's actions emboldened foreign competition agencies to act aggressively? These and other questions were addressed. -- Featuring: Hon. Maureen K. Ohlhausen, Acting Chairman, Federal Trade Commission and Mr. Alex Okuliar, Partner, Orrick, Herrington & Sutcliffe LLP.
...more
View all episodesView all episodes
Download on the App Store

FedSoc ForumsBy The Federalist Society

  • 4.5
  • 4.5
  • 4.5
  • 4.5
  • 4.5

4.5

83 ratings


More shows like FedSoc Forums

View all
FedSoc Events by The Federalist Society

FedSoc Events

87 Listeners

SCOTUScast by The Federalist Society

SCOTUScast

106 Listeners

Faculty Division Bookshelf by The Federalist Society

Faculty Division Bookshelf

8 Listeners

Cato Podcast by Cato Institute

Cato Podcast

975 Listeners

U.S. Supreme Court Oral Arguments by Oyez

U.S. Supreme Court Oral Arguments

674 Listeners

Law Talk With Epstein, Yoo & Cooke by The Civitas Institute at the University of Texas at Austin

Law Talk With Epstein, Yoo & Cooke

705 Listeners

We the People by National Constitution Center

We the People

1,111 Listeners

The Libertarian by The Civitas Institute at the University of Texas at Austin

The Libertarian

985 Listeners

RTP's Fourth Branch Podcast by The Federalist Society

RTP's Fourth Branch Podcast

28 Listeners

Necessary & Proper Podcast by The Federalist Society

Necessary & Proper Podcast

47 Listeners

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture by The Heritage Foundation

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

521 Listeners

The Remnant with Jonah Goldberg by The Dispatch

The Remnant with Jonah Goldberg

6,593 Listeners

What the Hell Is Going On by AEI Podcasts

What the Hell Is Going On

637 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,904 Listeners

The Dispatch Podcast by The Dispatch

The Dispatch Podcast

3,336 Listeners

Amarica's Constitution by Akhil Reed Amar

Amarica's Constitution

398 Listeners

Divided Argument by Will Baude, Dan Epps

Divided Argument

745 Listeners

Supreme Court Oral Arguments by scotusstats.com

Supreme Court Oral Arguments

41 Listeners