5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things

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5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things

Edited by Jonathan M. Barnett · Sean M. O'Connor
Cambridge University Press December 2023

Specifications

ISBN-13
9781009274272
Publisher
Cambridge University Press
Publication
December 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

5G communications technologies will transform entire industries around the world and are already a core element of the mobile communications and automotive ecosystems. 5G and Beyond brings together some of the world's leading thinkers in law, economics, and competition policy, drawn from academia, government, and industry, to lay the intellectual foundation for sound innovation and competition policy in wireless-enabled environments. Contributors include former heads of the U.S. Patent & Trademark Office, Commissioners of the U.S. Federal Trade Commission and International Trade Commission, distinguished academics, and industry leaders. Chapters provide economically grounded and empirically informed analyses of the innovation policy issues involved in the development and adoption of 5G-enabled computing and communications technologies in the Internet of Things.

  • Situates intellectual property and competition policy within the context of real-world supply chains that will be enabled and transformed by 5G communications technologies
  • Includes contributors with a broad range of experience in innovation policy issues in academia, industry, and government

Table of Contents

Introduction - Jonathan Barnett and Seán O'Connor
Preface: Why patents are critical for standards-based technologies - Andrei Iancu

Part I. Intellectual Property and Competition Policy in Global Wireless Markets:
1. Restoring and revitalizing technology markets for mobile wireless - David Teece
2. Antitrust convergence on substantive norms for SEP licensing negotiations: should and could it be? - Maureen Ohlhausen and Jana Seidl

Part II. Patent Holdup, Royalty Stacking, and the FRAND Standard:
3. Cellular SEP royalties: what should competition policy be? - Alexander Galetovic, Stephen Haber and Lew Zaretski
4. The fair division of surplus from a FRAND license negotiated in good faith - J. Gregory Sidak

Part III. Patent Holdout and the Rise of 'Efficient' Infringement:
5. Efficient infringement in the SEP space - Kristen Osenga
6. Restoring deterrence: The case for enhanced damages in a No-Injunction patent system - Jonathan Barnett and David Kappos

Part IV. Transactional Solutions: Redesigning SEP Licensing Markets:
7. Designing SEP licensing negotiation groups to reduce patent holdout in 5G/IoT markets - Bowman Heiden, Igor Nikolic, and Ruud Peters
8. How to create a smoother SEP Licensing Ecosystem for IoT - Ruud Peters, Fabian Hoffman, and Nikolas Thumm

Part V. Patent Enforcement, Wireless Markets, and Global Competitiveness:
9. The geopolitical implications of patent holdout and the ensuing race to the home court - Jorge Padilla and Andrew Tuffin
10. China's practice of anti-suit injunctions in SEP litigation: transplant or false friend? - Mark Cohen
11. Patents and competition: commercializing innovation in the global ecosystem for 5G and IoT - F. Scott Kieff and Thomas Grant

Index
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