September 28, 2021

According to MPEG LA “license-to-all” is unworkable

Patent pools are a favoured mode of technology sharing. In its 2017 Communication, “Setting out the EU approach to Standard Essential Patents” the European Commission noted: […]
September 21, 2021

The non-discriminatory (ND) limb of FRAND: general non-discrimination

In our recent blog post we explained why the non-discriminatory (ND) limb of FRAND does not mean every licensee is entitled to the same rate, even for similarly situated competitors.   […]
September 14, 2021

The non-discriminatory (ND) limb of FRAND: why it isn’t hard-edged

The non-discriminatory (ND) limb of FRAND does not mean every licensee is entitled to the same rate, even for similarly situated competitors.   In 2017, the UK High Court […]
September 7, 2021

Hold-out should be reflected in the review of the Horizontal Guidelines

As the Commission’s call for feedback on its Inception Impact Assessment (IIA) concerning revision of the two Block Exemption Regulations for horizontal cooperation agreements (HBERs) and […]
September 2, 2021

Examples of Hold-out Strategies

There is a growing practice among certain implementers to adopt ‘hold-out’ strategies, also known as ‘efficient infringement’, whereby they use standardised technologies for as long as […]