HALF-DAY CONFERENCE

REGULATING PATENT “HOLD-UP”?

AN ASSESSMENT IN LIGHT OF RECENT ACADEMIC, POLICY AND LEGAL EVOLUTIONS

Brussels, 29th February 2016

Abstract: The patent hold-up theory has nurtured many policy developments in the past ten years. On the one hand, Standard Setting Organizations (SSOs) have been exploring changes to their licensing policies, in particular in relation to the commercial implications of FRAND pledges given by holder of Standard Essential Patents (“SEPs”). On the other hand, antitrust agencies and patent courts across the globe have been confronted with several waves of cases. Those proceedings have generated a thick, diverse and somewhat inconsistent body of case-law on a wide array of topics, including the availability of injunctive relief, patent valuation, portfolio licensing, practicing and non-practicing entities, etc. This conference seeks to provide a 360° state of play on patent hold-up in contemporary antitrust and patent policy.

12.45 REGISTRATION

13.10 INTRODUCTION OF THE CONFERENCE

Melchior WATHELET, Advocate General, Court of Justice of the EU

13.20 – 13.40 KEYNOTE SPEECH

Ian FORRESTER, Judge, General Court of the EU

13.40 – 15.00 SESSION I: ACADEMIC PANEL

PATENT HOLD-UP: THEORY AND EVIDENCE

Chairman: Axel GAUTIER, Professor, LCII, University of Liege

Stephen HABER, Professor, Hoover Institution, Stanford University

Pierre LAROUCHE, Professor, TILEC, University of Tilburg

Greg LANGUS, Senior Vice President, Compass Lexecon

Jorge CONTRERAS, Professor, University of Utah

15.00 – 16.20 SESSION II:IP IN STANDARD SETTING

THE VIEWS FROM POLICY MAKERS AND STAKEHOLDERS

Chairman: Gunnar WOLF, DG COMP, European Commission

Serge RAES, ETSI IPR Special Committee Vice-Chair, ITU IPR Ad Hoc Group Chair, Rapporteur on Patent Issues, Orange

Alvaros RAMOS, Antitrust Legal Counsel, Qualcomm

Yann MENIERE, Chief Economist, European Patent Office

Scott KIEFF, Commissioner, US International Trade Commission

Hughes de la MOTTE, Policy Officer, DG GROW

16.20 – 16.40 COFFEE BREAK

16.40 – 18.00 SESSION III: LEGAL PANEL

TRENDS IN ANTITRUST AND IP LAW

Chairman: Peter TOCHTERMANN, Judge, Mannheim District Court

Renata HESSE, DAAG, US Department of Justice

Jorge PADILLA, Senior Managing Director, Compass Lexecon

Miguel RATO, Partner, Shearman & Sterling LLP

Josef DREXL, Professor, Max Planck Institute for Innovation and Competition

Nicolas PETIT, Professor, LCII, University of Liege

CLOSING SPEECH – CONCLUDING REMARKS

18.00 – 18.20 Paul BELLEFLAMME, Professor, University of Louvain

Further Inquiries

Date and venue

Monday 29th February 2016, from 1:30 p.m. to 6:30 p.m.

Federation of Enterprises in Belgium (FEB), 4 rue Ravenstein, 1000 Brussels

Access map: www.feb.be

Car Park: Parking Albertine, rue des sols, 4, 1000 Brussels (near Central Station)

Working Language & Social Networking

Working Language: English

A Socializing Cocktail will end the Conference (18.20).

For more information on registration and cancellation

Liege Competition and Innovation Institute (LCII)

University of Liege (ULg)

Quartier Agora

Place des Orateurs, 1, Bât. B 33

BE-4000 Liege, BELGIUM

Phone: +32 366.31.30

email: lcii@ulg.ac.be