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Capital Thinking: Technology and Communications

Senate Commerce Committee Holds Hearing On Patent Demand Letters - Last Thursday, November 7, the Senate Commerce, Science, and Transportation Committee held a hearing titled “Demand Letters and Consumer Protection:...more

Antitrust and Competition Newsletter - October 2013

Top Story - Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners? Every antitrust lawyer should be familiar with the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133...more

FTC Announces Study of "Patent Assertion Entities"

The Federal Trade Commission (FTC) announced on September 27, 2013 that it would begin an investigation of so-called “patent assertion entities” (PAE). Its first step was to seek public comment on a lengthy series of...more

ITC Section 337 Update – October 4, 2013

Commission Issues Notice Of Shutdown Of Investigative Activities – On October 1, 2013, the Commission issued a Notice that, as a result of the broader shutdown of the federal government, the Commission “will shut down...more

"FTC Seeks Comment on Collection of Information Relating to Patent Assertion Entities"

On September 27, 2013, the Federal Trade Commission announced that the four sitting Commissioners voted unanimously to seek public comments on a proposal to gather information to examine how patent assertion entities (PAEs)...more

Federal and State Governments Position Patent Trolls in their Crosshairs

The number of patents filed in recent years has increased with the proliferation of complex products containing thousands of components. So too has the incidence of lawsuits or threats of suit....more

Update: Are the Regulators Coming for the Patent Trolls?

We recently wrote about a workshop held by the Department of Justice and the Federal Trade Commission to discuss perceived abuses by patent acquisition entities....more

White House Announces Initiatives Against Patent Trolls

On June 4, 2013, the White House issued a press release announcing its “Task Force on High-Tech Patent Issues.” The press release outlined five executive actions and seven legislative recommendations “designed to protect...more

Antitrust and Competition Newsletter - February 2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

How Do You Solve a Problem Like PAEs?

Policy makers in Washington, DC have been hearing about the problems created by patent assertion entities – PAEs or, to some, “patent trolls” – from a number of quarters over the past few years. PAEs are generally entities...more

Are the Regulators Coming after the Patent Trolls?

The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....more

FTC and DOJ Explore Role of Patent Assertion Entities in the Patent Innovation Market

On December 10, 2012, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly presented the “Patent Assertion Entities (PAEs) Activities Workshop.” This publicly-held workshop signaled a recognition by...more

Joint DOJ-FTC Workshop Explores Competitive Impact of Patent Assertion Entities

Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE). At a recent joint workshop sponsored by the Federal Trade Commission (FTC) and U.S. Department of Justice...more

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