Dr. Gregory K. Leonard Participates in Antitrust Roundtable Discussion in Antitrust Magazine
Dr. Gregory K. Leonard, a partner at Edgeworth, participates in a roundtable discussion on recent patent-related antitrust issues in the ABA’s Antitrust Magazine.
In the article, “Economists’ Roundtable on Hot Patent-Related Antitrust Issues,” Dr. Leonard examines how companies new to the cellular handset space have become involved in patent clashes with long-standing telecommunications equipment companies, particularly with regard to “standard essential” patents (SEPs). Regarding whether exclusion orders and injunctions should be granted to owners of SEPs, Dr. Leonard concludes that we should “never say never” because some licensees may be unwilling to participate in good faith negotiations that are the best way to arrive at RAND/ FRAND royalties. He stresses that a FRAND royalty is one based on the value a particular technology provides versus the available alternatives, and suggests that standard-setting organizations should lay out a specific definition of FRAND.
Dr. Leonard concludes his commentary by noting that, although they may not appear to present a traditional antitrust problem, patent assertion entities nevertheless may have the ability to extract royalties that exceed the value provided by the technologies of the patents they hold.
To learn more, read the article from Antitrust Magazine here.