Yee Wah Chin – Ingram Yuzek Gainen Carroll & Bertolotti, LLP

IP monetization refers to a wide range of activities to realize value from intellectual property rights ownership. It includes traditional licenses, IP auctions, investors that finance IP development or litigation, patent…more

No business is too small for its officers to be careless about what they write. There is no deal too small for antitrust scrutiny. A deal done to “eliminate your primary competitor” may attract government attention, especially…more

The results of MOFCOM's investigation in Wal-Mart’s acquisition of control of Yihaodian is a reminder that non-competition factors play significant roles in AML merger control. MOFCOM’s decision in Wal-Mart/Yihaodian may be a…more

MOFCOM’s prophylactic approach toward Google‘s control of Motorola Mobility‘s patent portfolio is reminiscent of its approach in InBev/Anheuser-Busch, and may again also reflect the fact that MOFCOM would have no jurisdiction if…more

Since August 2008, when China’s Anti-Monopoly Law became effective, its Ministry of Commerce has reviewed over 450 notified transactions and issued over a dozen decisions. This paper summarizes the merger control regime created…more

Antitrust risks arise in common intellectual property transactions. This article reviews the general principles in the antitrust analysis of transactions involving the licensing of intellectual property rights, and applies…more

The pending petition for certiorari filed in Bowman v. Monsanto Co., Docket No. 11-796, highlights the interplay between licenses and the patent exhaustion/first sale doctrine in the context of self-replicating technology. This…more

In the 18 months since the writer’s first review of emerging patterns in merger control under China’s Anti-Monopoly Law, its Ministry of Commerce has reviewed another 230+ notified transactions and issued 5 decisions. These 5…more

Antitrust risks arise in common intellectual property transactions. This article reviews the general principles in the antitrust analysis of transactions involving the licensing of intellectual property rights, and applies…more

The authorized sale of a patented item exhausts the patent as to that item. However, how does the patent-exhaustion/first-sale doctrine apply in the context of self-replicating technology such as genetically modified or…more

Trade associations are good. However, a trade association is a combination of competitors. Therefore, participating in a trade association can also provide the opportunity for an antitrust violation. Moreover, trade…more

In challenging economic times, many businesses, and not a few industries, feel under siege. There may be a sense that joint action is needed to regain more solid footing in the marketplace. While there is much that may be…more

Failing to recognize antitrust risk is costly. Violations of the antitrust laws may result in penalties for individuals of up to $1 million and 10 years’ imprisonment and for corporations of up to $100 million. In the last 30…more

“Hot” documents are a real threat to the smooth closing of a transaction. Even worse, hot documents may be evidence of a criminal price fixing conspiracy, that may be subject to penalties for individuals of up to $1 million and…more

Smart business people survey the marketplace constantly and benchmark against the competition. They may enter into joint ventures with competitors with complementary strengths. They also participate in trade associations. …more