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Why US Should Help European Efforts to Fix SEP Licensing

The U.S. Patent Office, the National Institute of Standards and the International Trade Administration are all currently seeking input to establish U.S. policy on foreign standard-essential patent licensing regulatory regimes...more

Highway to the Danger Zone: DOJ Withdraws Safety Zone Guidance for Healthcare Industry

The Department of Justice Antitrust Division (DOJ) recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry. These policy statements...more

To Share or Not to Share: DOJ Withdraws Information Sharing Guidance

The Department of Justice (DOJ) Antitrust Division recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry that may have broader...more

European Commission Blocks Illumina/GRAIL a week after FTC’s Administrative Law Judge Rejects FTC’s Challenge

The last week has seen crucial developments at the European Commission (EC) and U.S. Federal Trade Commission (FTC) regarding the antitrust review of the $7.1 billion proposed acquisition by Illumina (the leading supplier of...more

Fifth Circuit Antitrust Ruling Misinterprets FRAND's Purpose

The U.S. Court of Appeals for the Fifth Circuit recently held in Continental Automotive Systems Inc. v. Avanci LLC that Continental lacked Article III standing to pursue antitrust claims. Continental alleged that the...more

We Didn’t Like Your Merger, So Please Come Back: FTC Issues New Prior Approval Policy for Challenged and Aborted M&A Transactions

The US Federal Trade Commission (FTC or Commission) has announced a new policy to dramatically expand its use of prior approval orders in merger transactions. On October 25, the FTC issued a policy statement (Statement) under...more

DOJ Launches “Civil Cyber Fraud Initiative” to Use the False Claims Act to Address Cybersecurity-Related Conduct

The US Department of Justice (DOJ) recently announced plans to use the False Claims Act (FCA) to pursue cybersecurity-related fraud by government contractors, subcontractors and grant recipients, including for providing...more

US Supreme Court Bars the FTC from Seeking Restitution under Section 13(b) of the FTC Act: What Businesses Can Expect

On April 22, 2021, the US Supreme Court ruled that Section 13(b) of the Federal Trade Commission Act, which authorizes the Federal Trade Commission (FTC) to pursue certain injunctive relief in court, does not authorize the...more

Essential Guidance for Non-(Standard) Essential Patent Pools: DOJ’s UTLP Business Review Letter

It has long been recognized that patent pools can create licensing efficiencies by establishing “onestop shops” for patents owned by multiple rights owners. There is also broad consensus that patentee collaboration in patent...more

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