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

WilmerHale
Contact

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 pools can raise antitrust risks. Over the years, business review letters from the Department of Justice Antitrust Division (DOJ) and other agency guidance has established a blueprint for antitrust safeguards that have been implemented in numerous patent pools. There has been a catch, however: on their face, all relevant DOJ business review letters applied only to pools of standard essential patents (SEPs). Whether and how the principles set forth in these letters might apply to patent pools with non-SEPs remained unclear.

Please see full Article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© WilmerHale | Attorney Advertising

Written by:

WilmerHale
Contact
more
less

WilmerHale on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.