Friday, June 30, 2023

FTC motion for preliminary injunction against Microsoft's purchase of Activision Blizzard will predictably be denied next week: multiple requirements clearly not satisfied

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Yesterday's closing argument in Federal Trade Commission v. Microsoft & Activision Blizzard was lively, and that is primarily so be...
Tuesday, June 27, 2023

Mr Justice Mellor declares Lenovo the overall winner of FRAND dispute with InterDigital, awards fee-shifting but InterDigital is awarded interest of $46 million

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In March I described the outcome of the InterDigital v. Lenovo FRAND dispute before the High Court of Justice for England and Wales as a re...
Monday, June 26, 2023

Economics of platform owners' exclusive deals with third-party game makers in light of Microsoft-Activision merger reviews

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The prize for the economically most nonsensical question I've ever heard an attorney ask a witness in an antitrust case goes to an insti...
Sunday, June 25, 2023

EU proposal on standard-essential patents envisions "Competence" Center that will never get to build competence on SEPs: major misnomer

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It is par for the course in politics that action plans, measures, or entire institutions are named euphemistically or at least optimisticall...
Saturday, June 24, 2023

Game over at halftime for FTC: San Francisco injunction hearing in Microsoft-Activision merger case exposes evidentiary and intellectual bankruptcy of misguided agency's case

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This week has been as sad as it has been bad for the United States Federal Trade Commission. The FTC v. Microsoft & Activision Blizzard ...
Wednesday, June 21, 2023

Proposed EU SEP Regulation is explicitly not based on any evidence of patent hold-up or hold-out, apart from unverifiable anecdotes

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This is a follow-up to my recent commentary on IP Europe's call for a do-over of the proposed EU standard-essential patent (SEP) regulat...
Saturday, June 17, 2023

Non-smoking gun found: PlayStation chief wasn't really worried about losing Call of Duty, ripping major hole in FTC's argument to block Microsoft's purchase of Activision Blizzard

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Right before the midnight Pacific Time deadline, Microsoft and Activision Blizzard filed their (joint) opposition to the Federal Trade Commi...