Article
Patent Experts from Analysis Group Examine Proposed Competence Center for Standard Essential Patents (SEPs) in Europe
In “Global Issues In EU's Licensing Plans For Essential Patents,” published on Law360.com, Senior Advisor Eliana Garces, Vice President Josh White, and Managing Principal John Jarosz discuss the European Commission’s (EC’s) regulatory proposal to establish a competence center for registering and assessing standard essential patents (SEPs). According to the authors, the proposed regulation, released in April 2023, is intended to “facilitate the licensing of SEPs in the EU, with the hope of greatly reducing the costs and uncertainties associated with the growing volume of SEP litigation.”
Acknowledging that the EC “aims to shift SEP licensing from a somewhat inconsistent and secret set of bilateral negotiations to one that is open and governed by a central body that will apply understandable and predictable guideposts,” the authors examine elements of the proposal that they believe may pose challenges the EC will need to address as it moves forward. They raise questions regarding the European Union Intellectual Property Office’s (EUIPO’s) lack of experience with patent licensing and technology standards; the principles and time frame being proposed for making FRAND determinations; and the willingness of patent holders to submit to a registration and FRAND conciliation process that would release large amounts of information in the public domain.
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Joshua White
Vice PresidentMr. White is a consulting economist who specializes in applying microeconomics and sophisticated econometric modeling to complex litigation and merger-related questions, primarily in matters involving the health care, financial services, and technology industries. His work across a diverse set of engagements has encompassed simulating consumer demand and switching behavior, analyzing whether intellectual property (IP) licensing rates are FRAND-compliant, and estimating ex ante default probabilities for structured investment vehicles. He also has substantial experience developing innovative technological tools for analyzing datasets for merger and competition analyses.
Mr. White has supported both economic and scientific experts addressing competition and intellectual property (IP) issues in matters related to cutting-edge pharmaceutical products. He has supported clients in various jurisdictions and industries in follow-on cartel damages litigation, assessing overcharge, upstream and downstream pass-on, and volume effects.
Mr. White has worked in a number of international jurisdictions and has served as a testifying expert in the UK’s Upper Tribunal (Lands Chamber) on competition matters related to restrictive land covenants. He has also given evidence and submissions to the UK’s Competition and Markets Authority (CMA) on behalf of clients involved in market investigations and mergers. Mr. White has supported several clients before the European Commission on cartel and merger matters and has provided support to European financial and competition regulators in coordinated conduct investigations. Mr. White has published a number of articles and regularly speaks at international competition law and policy conferences.