5G and Beyond

Jonathan Barnett specializes in antitrust, intellectual property, and corporate law. He has published widely in scholarly and policy journals, with a focus on monetization strategies and transactional structures in innovation markets. He is the author of Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property (2021). Sean O'Connor's research and law practice focus on intellectual property and business law, especially the role of general counsel for start-ups and commercializing innovation in technology and arts. He is the Faculty Director of the Center for Intellectual Property x Innovation Policy (C-IP2) at George Mason University, Antonin Scalia Law School.

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.