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

Leading voices in law, economics, and competition policy come together to inform innovation policy in wireless ecosystems.

Jonathan M. Barnett (Edited by), Sean M. O'Connor (Edited by)

9781009274272, Cambridge University Press

Hardback, published 21 December 2023

290 pages
23.5 x 15.5 x 1.8 cm, 0.587 kg

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. This title is also available as open access on Cambridge Core.

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.

Subject Areas: Intellectual property law [LNR]