SEP Essentials

I recently wrote about the 2026 Office of the United States Trade Representative Special 301 Report (“Report”) (see, 2026 USTR 301 Report). The Report claimed that Licensing Negotiation Groups (LNGs) are a “concerning development” that could harm competition. Not once, however, did the Report identify the much more concerning development of large patent pools that seek injunctions against implementers. So, let’s take another dive into competition law and the competition la

Recently, I have been focusing on why competition law authorities should pay more attention to standard setting, SEP licensing, SEP litigation, and SEP sales. Well, it turns out that the Brazilian competition authority has decided to do just that. Brazil is a jurisdiction that grants (near) automatic injunctions, including preliminary injunctions, for patent infringement, regardless of whether the patent is a SEP. Brazil also is the largest market in South America for cert