News & Analysis as of

Standard Essential Patents Antitrust Division

Perkins Coie

Trump-Era Statement on Standards-Essential Patents Withdrawn

Perkins Coie on

The Antitrust Division of the U.S. Department of Justice (DOJ), the U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) (the Agencies) announced the withdrawal of a 2019...more

White & Case LLP

US continues to chart its own course on standard essential patents

White & Case LLP on

Taiwanese businesses should watch for continued assertions on 5G, IoT - The number of disputes involving standard essential patents (SEPs) is increasing, both in the United States and worldwide. This trend is expected to...more

BCLP

Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path...

BCLP on

The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more

King & Spalding

Senators Urge DOJ to Develop Antitrust Guidance for Licensing of Standard Essential Patents

King & Spalding on

On Monday, October 21, 2019, U.S. Senators Thom Tillis (R-NC) and Christopher A. Coons (D-DE) sent a letter to the U.S. Department of Justice pushing it to provide greater clarity as to its antitrust enforcement policy on...more

Foley & Lardner LLP

Antitrust Surprises from DOJ during the Trump Administration – Predicting the Consequences

Foley & Lardner LLP on

In his 2016 presidential campaign, Donald Trump frequently expressed populist themes, rhetorically criticizing “big business” and “special interests,” and signaled an activist antitrust agenda with his comment in October 2016...more

McDermott Will & Emery

THE LATEST: AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments,...

McDermott Will & Emery on

In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ) Assistant Attorney General Makan Delrahim (AAG Delrahim) announced that the DOJ will...more

McDermott Will & Emery

FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case

McDermott Will & Emery on

Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC) in an important intellectual property and antitrust case involving standard essential patents (SEP)....more

McDermott Will & Emery

THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property...

McDermott Will & Emery on

WHAT HAPPENED - ..On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the...more

Patterson Belknap Webb & Tyler LLP

Is the FRAND Regime Due for an Overhaul?

In today’s technology-heavy world, technical interoperability standards are quite common. Because those standards are often patented, patent owners may have the ability to extract a monopoly price and some argue those owners...more

Proskauer Rose LLP

DOJ Provides New Guidance on Required Licensing of Essential Patents in Standard-Setting

Proskauer Rose LLP on

DOJ recently concluded that a standard-setting organization's proposal to update its policy regarding patents underlying its standards was pro-competitive. DOJ's analysis of the association's process and legal structure...more

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