Read the 10 best academic and business antitrust articles published in 2012!

Nominated by Julie Brill, Alexander Italianer, Frédéric Jenny, Bill Kovacic, Bruno Lasserre

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A Roadmap to the Smartphone Patent Wars and FRAND Licensing

Michael A. Carrier, CPI Antitrust Chronicle, Vol. 2, April 2012.

See Michael A. Carrier's resume

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The smartphone industry today is characterized by a thicket of patents and wars based on those patents. Every day brings a new lawsuit or development between Apple, HTC, Microsoft, Motorola, Nokia, and Samsung. The lawsuits span numerous courts and several continents. This 5-page article attempts to make sense of the chaos, with a particular emphasis on standards and reasonable licensing ("FRAND") terms. It summarizes court rulings on whether injunctions should be granted on "standard essential patents" and "non-standard essential patents." And it discusses the European Commission investigations of Motorola and Samsung, and the Department of Justice’s approval of the patent portfolio acquisitions of Novell, Nortel, and Motorola.

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