November was a big month in the SEP world. On the 29th, the European Commission issued its long-awaited Communication on SEP licensing, which – it seems to the relief of most – confirmed Europe’s status quo, which favours neither creators nor implementers. Meanwhile, at the start of the month over in the US, the new head of the Department of Justice’s anti-trust division made a substantial and ground-shifting speech in California, which seemingly realigned the balance of power away from implementers in terms of how the Trump DoJ would deal with IP-related issues. For beleaguered licensors, this was a very welcome development – and one which may yet indicate a wider resetting of the system should USPTO Director-designate Andrei Iancu, who IAM understands is a friend of Delrahim’s, decide that things need to change at the agency.

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