On October 7, a coalition of 25 experts in intellectual property and competition law who serve or have served as U.S. judges, U.S. government officials, legal scholars and economists submitted a comment to the United Kingdom Intellectual Property Office (UKIPO) as part of that agency’s Open Consultation on Standard Essential Patents (SEPs) in order to correct various misconceptions regarding SEPs that have arisen in both scholarly and political debates. The letter from IP and competition law experts underscores the lack of empirical evidence substantiating claims of patent holdup and royalty stacking and highlights cautionary tales from the European Commission’s recent failures to establish SEP rate determination procedures like those proposed by UKIPO.
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