The Challenge of Preserving Innovation:
Standard Essential Patent Licensing

28 October 2020, 14:00 – 18:00 CET

The event will explore SEP licensing challenges from three different perspectives: legal, business and economic. The event will therefore include presentations and discussions on three broad themes:

1. Standards and Innovation Through an Economist Lens

2. SEP Licensing in Contemporary Supply Chains – the Business Take

3. In Search of Legal Certainty on SEP Licensing

Agenda

14:00 Welcome Remarks

Robert Pocknell, Chairman, the FSA

14:10 SEP Licensing and Innovation Incentives Through an Economist Lens

  • Dr. Pierre Régibeau, Chief Economist, DG COMP, European Commission
  • Prof. Fiona Scott Morton, Yale School of Management
  • Dr. Benno Buehler, Charles River Associates
  • Dr. Federica Maiorano, Senior Competition Expert, OECD, Competition Division (moderator)

15:20 SEP Licensing in Contemporary Supply Chains – the Business Take

  • Marianne Frydenlund, Legal Director, Nordic Semiconductor
  • Dr. Michael Schlögl, Head of IP SEP, Continental
  • Colin S. Wright, Senior Intellectual Property Counsel, Landis+Gyr
  • Kent Baker, Head of Intellectual Property, u-blox
  • Evelina Kurgonaite, Secretary General, the FSA (moderator)

16:40 In Search of Legal Certainty on SEP Licensing

  • Dr. Amaryllis Verhoeven, Head of the Intellectual Property Unit, the European Commission’s Directorate General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW)
  • Prof. Mark A. Lemley, Stanford Law School
  • Klaus Haft, Partner, Hoyng Rokh Monegier
  • Steven Baldwin, Partner, Kirkland & Ellis
  • Dr. Jurgita Randakevičiūtė-Alpman, Max Planck Institute for Innovation and Competition (moderator)

18:00 Concluding Remarks

Robert Pocknell, Chairman, the FSA

Please join us to hear from:

Dr. Pierre Régibeau
Chief Economist at the European Commission’s Directorate General for Competition (DG COMP). Dr. Régibeau received a BSc in Economics from the University of Liège (Belgium) and a PhD in Economics from the University of California at Berkeley. After graduation, he embarked on an academic career at institutions such as the Massachussetts Institute of Technology, Kellogg School of management (Northwestern University), the Institute for Economic Analysis (Barcelona) and the University of Essex, where he currently is Honorary Visiting Professor. He has published academic and policy papers in leading reviews. His areas of specialty include industrial organisation, with emphasis on technology-intensive industry and intellectual property rights. He was on the Board of Editors of the Journal of Industrial Economics for more than ten years. He has also been teaching about the interface between IPRs and Competition Policy for the last 14 years in the well-established CRESSE summer school attended by lawyers and personnel from competition and regulatory authorities. In parallel to his academic career, Dr. Régibeau has been active in economic consulting. He has been involved in numerous cases covering a wide variety of topics and sectors of activity, across many jurisdictions.
Prof. Fiona Scott Morton
The Theodore Nierenberg Professor of Economics at the Yale School of Management. An expert in competitive strategy, her research focuses on empirical studies of competition among firms in areas such as pricing, entry, and product differentiation. Prof. Scott Morton was Deputy Assistant Attorney General for Economic Analysis with the Antitrust Division of the US Department of Justice. While at the DOJ, she frequently spoke on antitrust enforcement in high-technology industries as well as patents and their portfolio acquisitions. She has served in an editing role on various academic economics journals and has published articles in the American Economic Review, the RAND Journal of Economics, the Journal of Industrial Economics and the Quarterly Journal of Economics.
Prof. Mark A. Lemley

Mark Lemley is the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology. He is also a Senior Fellow at the Stanford Institute for Economic Policy Research and is affiliated faculty in the Symbolic Systems program. He teaches intellectual property, patent law, trademark law, antitrust, the law of robotics and AI, video game law, and remedies. He is the author of eight books and 181 articles, including the two-volume treatise IP and Antitrust. His works have been cited 290 times by courts, including 15 times by the United States Supreme Court, and more than 17,000 times in books and law review articles, making him the most-cited scholar in IP law and one of the four most cited legal scholars of all time. Mark is a founding partner of Durie Tangri LLP. He litigates and counsels clients in all areas of intellectual property, antitrust, and internet law. He has argued 27 federal appellate cases and numerous district court cases as well as before the California Supreme Court. He has participated in more than three dozen cases in the United States Supreme Court as counsel or amici. His client base is diverse, including Genentech, Dykes on Bikes, artists, and nearly every significant Internet company. Mark is a founder of Lex Machina, Inc., a startup company that provides litigation data and analytics to law firms, companies, courts, and policymakers. Lex Machina was acquired by Lexis in December 2015.

Dr. Amaryllis Verhoeven
Amaryllis Verhoeven is Head of the Intellectual Property Unit at the European Commission (DG GROW F3). She joined the European Commission in 2001 and has worked on a wide range of issues related to building and functioning of the Single Market as well as on energy policy issues. Amaryllis has a Ph.D. in law and political theory and holds an LL.M. degree of Harvard Law School. She lectures at the Law Faculty of the KU Leuven (Belgium) and has authored a book & academic articles. Before joining the European Commission, Amaryllis worked as an attorney in the offices of Cleary Gottlieb Steen & Hamilton.
Klaus Haft
Partner at Hoyng Rokh Monegier, Klaus is a trial lawyer in the field of intellectual property law with particular focus on patent litigation. He also advises on license agreements, R&D agreements, the law on employee inventions and issues relating to the protection of trade secrets. He acts for his clients before German courts as well as plans and coordinates multinational litigation proceedings. Klaus has been a physicist since 1997, and an attorney since 2002. His physics background and in-depth understanding of complex technology have enabled him to develop an extensive track record of litigating on high-tech and medical device patents. Klaus has been a member of the Board of the European Patent Lawyers Association (EPLAW) for seven years, the last two years as its President and currently serves as a member of the advisory board. He is President Elect of the Licensing Executives Society (LES) Germany and a member of the Executive Board of the Munich IP Dispute Resolution Forum. Klaus studied in Würzburg and Munich. He wrote his diploma thesis at the European Laboratory for Particle Physics, CERN, in Geneva. Parallel to his studies, he worked as a freelancer in a Munich based patent attorney firm for more than 10 years.

Steven Baldwin

Steven Baldwin is a partner in Kirkland’s IP Litigation team in London with significant experience representing clients in patent, life sciences regulatory, copyright, trademark and trade secrets matters. His practice focuses primarily on complex cross-border telecommunications (SEP/FRAND) and life sciences patent disputes and former employee trade secrets cases. Steven has developed a particular interest in, and deep knowledge of, the law governing supplementary protection certificates and is recognised as a thought leader and regular writer, speaker and commentator on the topic. Steven also has significant non-contentious IP experience including billion-dollar IP portfolio purchases, global strategic IP portfolio strategies, and business-critical licensing deals, as well as advising on image rights, sponsorship and global celebrity advertising campaigns for world-renowned soccer clubs and automotive clients.

Dr. Jurgita Randakevičiūtė-Alpman

Senior Research Fellow and Academic Coordinator of the EIPIN-Innovation Society Programme at the Max Planck Institute for Innovation and Competition in Munich. Jurgita obtained her Master’s degree in law from Vilnius University, LLM degree in intellectual property law from the Munich Intellectual Property Law Center and Doctor’s degree in law from Vilnius University. Her research areas include European patent law, ethics and innovation, trademarks and digitalisation, standardisation and standard essential patents. Jurgita has published on intellectual property law topics, including technology standardisation and standard essential patents. For several years, Jurgita was practicing intellectual property law in a Baltic law firm “LAWIN” in Vilnius.

Dr. Federica Maiorano
Senior Competition Expert at OECD, Competition Division, since January 2013. In this role, she advises governments and competition authorities on lifting regulatory barriers to competition. Federica has co-authored OECD’s report on Intellectual Property and Standard Setting. Previously, Federica worked in the economic advisory team of Ernst & Young, which she joined in 2008, and was a member of the Centre for Competition and Regulatory Policy of City University (London). Federica has also worked for NERA Economic Consulting and Telecom Italia. Federica therefore has over ten years of consulting experience, gained in advisory roles in the UK and internationally. She holds MSc in economics from the London School of Economics and PhD in economics from the City, University of London.
Dr. Benno Buehler
Vice President at Charles River Associates. Previously, he was a senior member of the Chief Economist Team of the European Commission’s Directorate General for Competition (DG COMP). He started his career at an international management consultancy. With over a decade of competition policy experience, Benno did the economic analysis in a number of antitrust matters such as the Samsung and Motorola standard essential patent cases. He also shaped DG COMP’s economic assessment in several high profile horizontal and non-horizontal mergers, such as Qualcomm/NXP, Google/Motorola and others. He was also involved in a number of policy initiatives such as DG COMP’s review of the Technology Transfer Block Exemption Regulation. His experience covers a wide range of sectors, including high-tech, (mobile) telecommunications and broadband. His academic work has been published in scientific journals such as the Journal of Industrial Economics and the European Economic Review. Benno holds a PhD in Applied Microeconomics jointly from the University of Toulouse and from Ludwig-Maximilians University Munich.

Dr. Michael Schlögl

Dr. Michael Schlögl is head of IP SEP at Continental. Michael is mainly involved in the ongoing disputes between cellular SEP holders and Continental and other companies from the automotive industry. Michael holds a PhD in high energy physics, and has been working in the field of IP since 2001. He started his IP career with Siemens, and moved to Continental in the year 2007. At Continental he developed an IP Department in eastern Europe, and was also involved in several IP related legislative initiatives in eastern Europe.

Kent Baker

Kent has over three decades of hands-on business, technology, and intellectual property expertise. He has served in key roles developing global intellectual property asset, innovation, and monetization strategies for Fortune 100 companies including Qualcomm and PARC Xerox. Kent’s extensive knowledge is focused on developing fully integrated, practical approaches to addressing business challenges related to standards, standards policies, standards essential patents (SEPs) and regulatory issues. His knowledge extends to mobile communications, IoT, medical devices, and network architectures supporting drones and automobiles. His current role as Head of IP Strategy & Licensing for u-blox AG broadens Kent’s appreciation of the patent licensing paradox experienced by users of connectivity standards.

Marianne Frydenlund

Legal Director at Nordic Semiconductor since February 2018. She also acts as Secretary to the company’s Board of Directors. Marianne is an experienced legal counsel – her experience includes working for Huawei Technologies, Aker Solutions and Nexans Norway. Marianne holds a law degree from the University of Oslo and North Dakota. She is the chair of the Norwegian Company Lawyers Association and is a member of the Board of the Fair Standards Alliance.

Colin S. Wright

Senior Intellectual Property Counsel with Landis+Gyr, a manufacturer of smart utility meters. Until recently, he served as Senior Counsel for Technology & Cybersecurity at Change Healthcare, a provider of healthcare software and data services. Previously, he worked as in-house counsel at McKesson, where he championed the creation of OPEN, McKesson’s LGBTQ Employee Resource Group. In 2014, for his work at McKesson and in the Atlanta community, Colin was given the Out & Proud Corporate Counsel award by the National LGBT Bar Association. Colin is admitted to practice law in Georgia and Washington D.C. and is also a registered Patent Attorney. He holds a BA in Electrical Engineering from Georgia Tech and a J.D. from the University of Georgia.

Evelina
Evelina Kurgonaitė-Swoboda

Evelina Kurgonaitė-Swoboda is the Secretary General at the Fair Standards Alliance. She previously served as Head of Policy Strategy and Legal Counsel at Samsung Electronics in Brussels. Evelina has 15+ years of experience in EU & competition law and public affairs. Having spent seven years in private practice – including at Sidley Austin and Morrison Foerster – Evelina established and managed the European arm of global news service PaRR, part of the Financial Times group at the time. Evelina holds LL.M from Helsinki University and MA from King‘s College London.

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