LICENSING by ARickard

Center For Transnational Law and Business Conference

APPLICATION OF COMPETITION POLICY TO TECHNOLOGY AND IP LICENSING Hosted by

The USC Gould School of Law Center for Transnational Law and Business

NOVEMBER 10 / 2017

PROGRAM

Application of Competition Policy to Technology and IP Licensing

Friday, November 10th 8:00 - 8:45 AM

REGISTRATION/BREAKFAST

8:45 - 9:00 AM

OPENING REMARKS Dean Andrew Guzman, USC Gould School of Law

9:00 - 10:30 AM

PANEL 1 IP Licensing and Antitrust Guidelines – View from Different Jurisdictions Moderator: Jonathan Barnett, USC Gould School of Law Ian Connor, Bureau of Competition, U.S. Federal Trade Commission Hiroyuki Odagiri, Japan Fair Trade Commission Guofu Tan, USC Dornsife College

10:30 - 10:45 AM

COFFEE BREAK

10:45 - 12:15 PM

PANEL 2 Intersection Between IP and Competition Policy: SEPS and FRAND Licensing Moderator: David Morfesi, Minter Ellison, Australia Jonathan Barnett, USC Gould School of Law Dina Kallay, Ericsson Chris Longman, Qualcomm Greg Sivinski, Microsoft

12:30 - 2:00 PM

LUNCH

1:15 – 1:45 PM

Keynote: Makan Delrahim, Assistant Attorney General Antitrust Division, U.S. Dept. of Justice

USC Gould School of Law

Center for Transnational Law and Business

Friday, November 10th 2:15 - 3:45 PM

PANEL 3 Recent Jurisprudence Related to SEPs in International Jurisdictions Moderator: D. Daniel Sokol, University of Florida Levin College of Law Avirup Bose, Jindal Global Law School, India David Kappos, Cravath, Swaine & Moore LLP Chris Longman, Qualcomm Ya-Lun Yen, National Cheng Kung University, Taiwan

3:45 - 4:00 PM

COFFEE BREAK

4:00 - 5:30 PM

PANEL 4 Enforcer’s Roundtable – Extraterritorial Antitrust Regulation of IP Licensing Moderator: D. Daniel Sokol, University of Florida Levin College of Law Claudia Berg, Competition & Markets Authority, U.K. Kathleen Bradish, International Section, U.S. Dept. of Justice Roger Featherston, Australian Competition & Consumer Commission Hiroyuki Odagiri, Japan Fair Trade Commission Yuanting Wang, Anti-Monopoly Bureau, Ministry of Commerce, China

5:30 – 5:40 PM

CLOSING REMARKS Dean Andrew Guzman, USC Gould School of Law

5:40 – 7:30 PM

CLOSING RECEPTION

SPEAKERS Jonathan Barnett Professor of Law, USC Gould School of Law. Jonathan Barnett is director of the Law school's Media, Entertainment and Technology Law Program. Barnett specializes in intellectual property, contracts, antitrust, and corporate law. Barnett has published in the Harvard Law Review, Yale Law Journal, Journal of Legal Studies, Review of Law & Economics, Journal of Corporation Law and other scholarly journals. He joined USC Gould in fall 2006 and was a visiting professor at New York University School of Law in fall 2010. Prior to academia, Barnett practiced corporate law as a senior associate at Cleary Gottlieb Steen & Hamilton in New York, specializing in private equity and mergers and acquisitions transactions. He was also a visiting assistant professor at Fordham University School of Law in New York. A magna cum laude graduate of University of Pennsylvania, Barnett received a MPhil from Cambridge University and a JD from Yale Law School.

Claudia Berg Senior Legal Director, Antitrust Enforcement, UK Competition and Markets Authority Claudia is the Senior Legal Director of Antitrust Enforcement at the UK Competition and Markets Authority. Her previous role was at the CMA’s predecessor organisation, the Office of Fair Trading, as a Director of Competition Enforcement and Head of the OFT’s Enforcement Academy. Prior to that, Claudia spent eight years in the competition practice of Linklaters, London. Claudia is a dual qualified solicitor (England & Wales and Germany), and holds Master of Law degrees from King’s College, London, the University of Paris I (Panthéon-Sorbonne) and the University of Cologne, Germany. During her early legal training, Claudia spent time in Brussels as a stagiaire at the European Commission and the European Parliament.

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Center for Transnational Law and Business

Avirup Bose Assistant Professor of Competition Law and Policy Jindal Global Law School Avirup Bose is an Assistant Professor of competition law and policy at the Jindal Global Law School (JGLS). In 2015-16 he served as an antitrust consultant to the National Institute of Public Finance and Policy (NIPFP) (the official think-tank of the Ministry of Finance, Government of India). He currently serves as an antitrust consultant to the Global Intellectual Property Centre (U.S. Chamber of Commerce). From 2012–2015, Avirup served as an ‘Expert Consultant’ to the Competition Commission of India. In that role he advised on all aspects of the Commission’s operations, especially those related to abuse of dominance proceedings. Avirup is a graduate of the W.B. National University of Juridical Sciences (NUJS) (2006) and Harvard Law School (2007), where he specialized in antitrust law.

Kathleen Bradish Assistant Chief, International Section Antitrust Division, Dept. of Justice Kathleen Bradish is Assistant Chief in the International Section of the Department of Justice’s Antitrust Division. Before joining the DOJ in 2015, she practiced antitrust law at Cleary, Gottlieb, Steen & Hamilton LLP, where her practice focused on the intersection of intellectual property and antitrust, especially involving pharmaceuticals and health care.

SPEAKERS Ian Conner Acting Deputy Director of the Bureau of Competition Federal Trade Commission Ian Conner serves as the Acting Deputy Director of the Bureau of Competition at the Federal Trade Commission. He previously was a partner in the Antitrust & Competition practice at Kirkland & Ellis LLP in Washington, DC. Prior to entering private practice, Mr. Conner was a Trial Attorney in the Transportation, Energy and Agriculture Section of the Antitrust Division of the U.S. Department of Justice, which he joined through the Attorney General’s Honors Program. He also served as a Special Assistant U.S. Attorney in the Eastern District of Virginia. Mr. Conner received his Juris Doctor from William & Mary Law School. He served as an adjunct professor from 2008-2010 at William & Mary, teaching a course on antitrust merger review.

Makan Delrahim Assistant Attorney General for the Antitrust Division U.S. Dept. of Justice Makan Delrahim was confirmed on September 27, 2017, as Assistant Attorney General for the Antitrust Division. Mr. Delrahim previously served as Deputy Assistant to the President and Deputy White House Counsel. His antitrust background covers the full range of industries, issues, and institutions touched upon by the work of the Antitrust Division. He is a former partner in the Los Angeles office of a national law firm. He served in the Antitrust Division from 2003 to 2005 as a Deputy Assistant Attorney General, overseeing the Appellate, Foreign Commerce, and Legal Policy sections. During that time, he played an integral role in building the Antitrust Division’s engagement with its international counterparts and was involved in civil and criminal matters. He has served on the Attorney General’s Task Force on Intellectual Property and as Chairman of the Merger Working Group of the International Competition Network. Mr. Delrahim was also as a Commissioner on the Antitrust Modernization Commission from 2004 to 2007. Earlier in his career, Mr. Delrahim served as antitrust counsel, and later as the Staff Director and Chief Counsel of the U.S. Senate Judiciary Committee.

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Center for Transnational Law and Business

Roger Featherston Commissioner, Australian Competition & Consumer Commission Roger was appointed a Commissioner of the Australian Competition & Consumer Commission in June 2014. He was formerly a Partner at Mallesons Stephen Jaques, leading the firm’s competition law team and advising clients on competition law and enforcement issues, consumer protection, informal merger clearances, access and pricing issues, and telecommunications matters. Roger served as the former Trade Practices Commission early in his career and, for the two years before his appointment, acted as Special Counsel at the ACCC advising on a range of major competition and consumer protection matters. He is a life member and former Chairman of the Business Law Section of the Law Council of Australia, and a member and former Chairman of its Competition and Consumer Law Committee. Roger is a member of the ACCC’s Enforcement Committee, Mergers Review Committee and Communications Committee. Roger holds a Bachelor of Laws (Honours) and a Bachelor of Economics from the Australian National University.

Dina Kallay Head of Antitrust, Ericsson

Dr. Dina Kallay is Head of Antitrust (IPR, Americas; Asia-Pacific) at Ericsson, a world-leading provider of telecommunications equipment and services. Prior to joining Ericsson in 2013, Dina served over six years as Counsel for Intellectual Property and International Antitrust at the U.S. Federal Trade Commission (“FTC”). At the FTC, Dina focused on worldwide antitrust-intellectual property matters, as well as on Asian and multilateral competition matters. She also spent a year with the FTC Bureau of Competition, working on antitrust conduct and merger enforcement matters. Prior to joining the FTC, Dina practiced antitrust and intellectual property law with the Washington DC office of Howrey LLP. Before that she clerked at the European Commission Directorate General for Competition unit for Information Industries and Consumer Electronics, where she worked on antitrust investigations and policy matters in the high-tech sector. Ms. Kallay holds a doctorate from the University of Michigan Law School, where her doctoral dissertation focused on antitrust-IP interface issues, and was later published as a book.

SPEAKERS David J. Kappos Partner, Cravath, Swaine and Moore LLP David is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, the development of global intellectual property norms, laws and practices as well as commercialization and enforcement of innovation-based assets. He served as Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO) from August 2009 to January 2013. Prior to leading the USPTO, he held several executive posts in the legal department of IBM, the world’s largest patent holder. He served as the company’s Vice President and Assistant General Counsel for Intellectual Property, as well as litigation counsel and Asia Pacific IP counsel. David serves on the Boards of Directors of the Partnership for Public Service, the Center for Global Enterprise and the Intellectual Property Owners Education Foundation. He also is a member of the Advisory Board of ORoPO Foundation, senior advisor to the Partnership for American Innovation and Chair of the Advisory Council of the Naples Roundtable. He is also an adjunct professor at Columbia Law School, where he teaches copyright litigation. He received a B.S. summa cum laude in Electrical and Computer Engineering from the University of California, Davis in 1983 and a J.D. from the University of California, Berkeley in 1990.

Chris Longman Senior Director and Legal Counsel Qualcomm Incorporated Chris Longman is a Senior Director and Legal Counsel in Qualcomm’s corporate legal group. He joined Qualcomm in 2012, where, as a member of the litigation team, he represents the company in a variety of intellectual property, competition law and licensing-related disputes, among other matters. Before joining Qualcomm, he was a member of the IP litigation practice group at the law firm of Covington & Burling, representing and counseling clients in a variety of IP-related matters. Chris earned his JD degree from the University of San Diego School of Law and has been admitted to the bar of California since 2004.

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Center for Transnational Law and Business

David Morfesi Special Counsel and Director of International Trade, Minter Ellison Named 2017 “Lawyer of the Year” in Melbourne for Trade Law in Best Lawyers Australia, David previously served as a trade negotiator for the US Government, including the IP chapters for bilateral Free Trade Agreements (FTAs) with 15 countries, and was also resident in Geneva as delegate to the World Trade Organisation (WTO), World Intellectual Property Organisation (WIPO), United Nations Conference on Trade and Development (UNCTAD) and the World Health Organisation (WHO). David also has provided trade-related technical assistance and training to government officials from over 100 countries worldwide. David has taught Australian Competition & Consumer Law at the University of South Australia Law School and Flinders University Law School in Adelaide, Australia, and served as co-convenor of the 14th Annual Competition Law and Economics Workshop. He previously served as researcher and assistant editor for the book Intellectual Property and Competition Law of the European Union by Bryan Harris, former Head of IP for DG 15, now known as DG Internal Market of the European Commission. David is currently Commercial Advisor at Saab Australia, and Special Counsel and Director of International Trade at Minter Ellison, Australia’s largest provider of legal services, and the immediate past Executive Director of the Institute for International Trade at the University of Adelaide.

SPEAKERS Hiroyuki Odagiri Special Advisor, Japan Fair Trade Commission Mr. Hiroyuki Odagiri studied at Kyoto University (B.A.), Osaka University (M.A.) and Northwestern University (Ph.D.) and, from March 2012 to October 2016, was a Commissioner of the Japan Fair Trade Commission (JFTC). He is now a Special Advisor of the JFTC. Previously he taught at Oberlin College (USA), University of Tsukuba, Hitotsubashi University (with which he still holds the title of Emeritus Professor), and Seijo University. He also has ample research experience abroad, serving as a senior research fellow at the International Institute of Management (IIM) of Science Centre Berlin (Germany) during 1982-1983 and the Centre for Business Strategy of London Business School (UK) during 1988-1990. During 2001-2004, he was a Director of Research at the National Institute of Science and Technology Policy (NISTEP), Japan's Ministry of Education, Culture, Sports, Science and Technology. From April 2008 to March 2012, he was the Director of the Competition Policy Research Center (CPRC), Japan Fair Trade Commission. His fields of specialization are the theory of the firm, industrial organization, and economic studies of innovation. He has written numerous books and journal papers in both English and Japanese.

Greg Sivinski Assistant General Counsel, Microsoft Greg is an Assistant General Counsel, Competition Law Group, for the Microsoft Corporation. Since joining Microsoft in 2003, he has focused upon the regulation of competition in network industries, including computer operating systems, enterprise network software, and online services such as search and search advertising. Greg also advises the Microsoft Intellectual Property & Licensing Group on antitrust and regulatory matters affecting the acquisition, ownership, and licensing of intellectual property and data, with a strong emphasis on the US, EU, China, and Korea. The interface between “Big Data”, artificial intelligence and competition law is a current focus. He also handles M&A and JV regulatory matters for Microsoft worldwide, including the pending Microsoft/LinkedIn transaction, Microsoft’s previous acquisitions of Skype, and of Nokia’s hardware manufacturing business, and many others.

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Center for Transnational Law and Business

D. Daniel Sokol Professor of Law, University of Florida Levin College of Law D. Daniel Sokol is the University of Florida Research Foundation Professor of Law at the University of Florida Levin College of Law and Senior Of Counsel at Wilson Sonsini Goodrich & Rosati. Daniel's antitrust work has been published in law reviews and economics journals and spans numerous topics, including mergers, cartels, monopolization, pricing issues, compliance, corporate governance, innovation, institutional design, capacity building, government restraints, and comparative and international antitrust issues. He has two books out this year - The Cambridge Handbook of Antitrust, Intellectual Property and High Tech and Patent Assertion Entities and Competition. Daniel has provided technical assistance and capacity building to antitrust agencies. He is also a non-governmental advisor to the International Competition Network for several working groups and is a frequent speaker to both practitioner and academic audiences globally. In 2014, the Global Competition Review named Daniel the Antitrust Academic of the Year (the first non-PhD economist so honored).

Guofu Tan Professor of Economics, University of Southern California Professor Tan received Ph.D. in Economics from California Institute of Technology in 1990. He has been Professor of Economics at the University of Southern California since 2003. He is currently Director of the Research Center of Anti-monopoly Law and Competition Economics at Shanghai University of Finance & Economics, and is a senior consultant at West Coast Economics Group LLC as well as an academic affiliate with Competition Economics LLC. His research focuses on the economics of business strategies, industrial organization, competition and regulatory policies, and the Chinese economy. He has extensive experience in competition matters in China and has been retained as an economic expert by Chinese anti-monopoly law enforcement agencies, including the State Administration of Industry and Commerce (SAIC) and the Ministry of Commerce (MOFCOM), as well as by private corporations such as Johnson & Johnson (China) and Tencent.

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SPEAKERS Yuanting Wang Director, Antimonopoly Bureau, Ministry of Commerce, China Wang holds a Doctor of Law degree in Competition Law from University of International Business and Economics, a Master of Law degree in International Economic Law from the University of Aberdeen and a Bachelor of Law degree in Economic Law from China University of Political Science and Law. She is currently the Director of the Second Review Division of the Antimonopoly Bureau of the Ministry of Commerce of the People’s Republic of China, responsible for undertaking concentration antimonopoly review. She was in charge of many influential cases, such as NXP’s acquisition of Freescale and the merger between Dow Chemicals and DuPont.

Ya-Lun Yen Assistant Professor, Cheng Kung University Yalun Yen has been the assistant professor of law at Cheng Kung University since 2014. She teaches Competition Law and Intellectual Property Law, Financial Regulation, and International Transactions. She previously was a research scholar at University of Michigan Law School. In addition, she was the partner of Infoshare Tech Law Office in Taipei, working with and representing large corporate clients in Taiwan from 2001 to 2014, and the member of the Editorial Committee for Taipei Bar Journal from 2006-2011. She is the co-author of several books on the Trade Secret Act, intellectual property law, and antitrust law. She was commissioned by Taiwan Fair Trade Commission to conduct the research project “The Research on Patent Linkage System and Competition Law” in 2016. Her current project funded by the Ministry of Science and Technology, Taiwan is “Disruptive Innovation and Enforcement of Antitrust Law: The Challenge and Response of Taiwan”. She received her Ph.D. degree from College of Law, National Taiwan University and LL.M. degree from University of Michigan Law School. She is admitted to the New York State Bar. In 2013 she received a Distinguished Thesis Award for her doctoral dissertation ”The Competition Policy on Taiwan Financial Industry: From the Perspective of Competition Law”, which was published by the College of Law, National Taiwan University in 2014.

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Center For Transnational Law & Business Conference