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Antitrust in 2013: Litigating SEPs and FRAND Terms

February 12, 2013 • Webinar


The FTC’s recent settlement of its long-standing antitrust investigation of Google answered some questions about the assertion of standard-essential patents (SEPs) encumbered by commitments to license on fair, reasonable, and nondiscriminatory (FRAND) terms.  But it left open many important questions at the intersection of IP rights and antitrust law for companies involved in innovating, implementing, and litigating emerging technology.

This webinar will examine:

  • After FTC/Google, what key steps must SEP holders and implementers take to negotiate licenses on FRAND terms before litigating to enjoin product sales and imports?
  • In litigation, which test will be used to determine whether proposed SEP licensing rates and other terms are FRAND?
  • How will antitrust litigation enforcement against standard-setting organizations (SSOs) and their members change?
  • Will the new SEP “rules of the road” have any effect on the licensing and enforcement of non-standard-essential IP?
Crowell & Moring Participant(s):
John S. Gibson
Partner – Orange County
Phone: +1 949.798.1330
Email: jgibson@crowell.com
Mark A. Klapow
Partner – Washington, D.C.
Phone: +1 202.624.2975
Email: mklapow@crowell.com
Beatrice B. Nguyen
Partner – San Francisco
Phone: +1 415.365.7815
Email: bbnguyen@crowell.com
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