Speeches

There have been proposed legislation both in the European Commission and in the United States to address concerns about SEP licensing and litigation. One provision of specific interest in the EC proposal is that the European Patent Office would determine aggregate royalty rates for registered SEPS. A similar provision in the Standard Essential Royalty Act (SERA) in the US would lodge SEP rate setting in an independent court.  While there’s obviously high interest in legislating in this space, the first question is whether there’s even a problem that needs to be fixed. This panel will address the question of whether there’s a problem surrounding rate setting, what the exact problem is, and whether the EC proposal or SERA is likely to actually fix the real problem.

The Honorable Douglas H. Ginsburg, U.S. Court of Appeals; Professor of Law, George Mason University – Antonin Scalia Law School (Moderator)

Jorge L. Contreras, James T. Jensen Endowed Professor for Transactional Law; Director, Program on Intellectual Property and Technology Law, University of Utah S.J. Quinney College of Law

Roya Ghafele, Managing Director, OxFirst; Visiting Professor, IP Law, School of Law, Brunel University

David J. Kappos, Partner, Cravath, Swaine, & Moore; Former Under Secretary of Commerce for Intellectual Property of United States

Keith Mallinson, Founder, WiseHarbor

Video recording