Every antitrust case must consider the market environment in which conduct is to be evaluated. In her recent Qualcomm decision, Judge Koh devoted considerable space to standard essential patents and FRAND commitments, but she also addressed the antitrust refusal to deal and exclusion claims with little reference to standard setting or FRAND. In this edition of IP Literature Watch, we also share a study on the first systematic exploration of uncited patents, investigating traits of uncited patents by examining the link between lack of citations and various other factors. Additionally, we include a paper on the paradox of source code secrecy and the conflict that exists now at the intersection of software, trade secrecy, and public governance.
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IP Literature Watch: May 2023
In this month’s IP Literature Watch we include a paper providing an overview of the proposed alternative dispute settlement frameworks under the Data Act and...