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Antitrust Provisions IP License

Goodwin

Antitrust Life Sciences Quarterly Update 2025 Q1

Goodwin on

While M&A activity slowed in the first quarter of 2025, including in life sciences, there have been plenty of noteworthy developments in the antitrust space in the first 100 days of the Trump administration....more

Goodwin

Antitrust & Competition Life Sciences Year in Review 2023

Goodwin on

Despite increasingly aggressive rhetoric from the agencies, 2022 was largely characterized as “business as usual” in the antitrust world. In contrast, 2023 featured a significant step up in enforcement activity, including...more

WilmerHale

Fifth Circuit Antitrust Ruling Misinterprets FRAND's Purpose

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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

Miles & Stockbridge P.C.

Promoting Competition in the American Economy Executive Order: Antitrust Is Back?

On July 9, 2021, President Biden executed an Executive Order (EO) on Promoting Competition in the American Economy. This EO impacts the Intellectual Property (IP) transactions and portfolios as discussed below....more

BCLP

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

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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

Morgan Lewis

Recent Developments in Competition Law and SEP Licensing in Europe and Their Effect on the Automotive Industry

Morgan Lewis on

The development of connected automobiles crystallizes the tensions between intellectual property law and competition law that have existed for years, particularly in the area of standard essential patents (SEPs). ...more

WilmerHale

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

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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

Hogan Lovells

Ninth Circuit rules in favor of Qualcomm, distancing antitrust law from FRAND disputes

Hogan Lovells on

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more

American Conference Institute (ACI)

[Virtual Event] 11th Summit on Biosimilars & Innovator Biologics - September 23rd - 24th, 7:45 am - 5:00 pm ET

This year, the BPCIA turns 10! As we prepare to enter the next decade of this revolutionary law, we cordially invite you to join us for ACI’s 11th Annual Biosimilars & Innovator Biologics Summit, in a fully virtual,...more

Goodwin

No License, No Chips, No Problem: Ninth Circuit Delivers Qualcomm a Win in Antitrust Case Brought by the US Federal Trade...

Goodwin on

In a much anticipated opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court decision holding that Qualcomm violated U.S. antitrust laws in its licensing of standard-essential patents in...more

Weintraub Tobin

What Happens When The Intellectual Property Laws Clash With The Antitrust Laws?

Weintraub Tobin on

Should a company be required to license its patents to a competitor? That’s one question that arises when intellectual property law and antitrust law intersect. The Sherman Act, section 1, prohibits concerted action...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

Hogan Lovells

Standard Essential Patent Update – August 2019

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Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more

Fox Rothschild LLP

FTC’s Antitrust Guidelines For IP Licensing

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Since 1995, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have maintained intellectual property licensing guidelines, most recently updated in 2017. Those guidelines, titled “Antitrust Guidelines for...more

Hogan Lovells

N.D. Cal. Bench Trial Finds Qualcomm Licensing Practices Breached U.S. Antitrust Law and FRAND Contractual Obligations, Orders...

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In a decision following a 10-day bench trial, Judge Lucy H. Koh ruled on May 21, 2019 in favor of plaintiff U.S. Federal Trade Commission (“FTC”) that defendant Qualcomm, Inc.’s (“Qualcomm’s”) licensing practices relating to...more

Foley & Lardner LLP

Antitrust Scrutiny of Technology Companies Continues to Expand

Foley & Lardner LLP on

Governmental and private antitrust actions against technology companies expanded in 2018 and 2019, particularly relative to electronics and pharmaceutical companies.  This post provides an overview of several important...more

Troutman Pepper Locke

Qualcomm Loss Raises Risks for Substantial Market Participants' IP Licensing Decisions and Ability to Provide Loyalty Discounts

Troutman Pepper Locke on

The U.S. Federal Trade Commission (FTC) convinced a California federal district court not only that Qualcomm’s longstanding intellectual property licensing practices and volume-based discounts violated the antitrust laws, but...more

Orrick, Herrington & Sutcliffe LLP

DOJ Opens New Review of ASCAP and BMI Consent Decrees and Sets July 10 Deadline for Public Comment

On June 5, 2019, the Department of Justice announced its opening of a formal review of the antitrust consent decrees that have regulated music performance licensing by ASCAP and BMI since the 1940s. ...more

Orrick - Antitrust Watch

Whistling in the Wind? DOJ’s Unusual Statement of Interest in FTC v. Qualcomm Case Highlights Disparity Between U.S. Antitrust...

In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently filed a statement of interest in the Federal Trade Commission (FTC)’s unfair competition case against Qualcomm....more

Miller Canfield

DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

Miller Canfield on

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in...more

McDermott Will & Emery

FTC and DOJ Issue Revised Guidelines for Licensing of Intellectual Property

Since the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) first issued the Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines) in 1995, both antitrust...more

Clark Hill PLC

DOJ and FTC Issue Updated Antitrust Guidelines for the Licensing of Intellectual Property

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On January 12, 2017, the United States Department of Justice and Federal Trade Commission issued updated Antitrust Guidelines for the Licensing of Intellectual Property. The updates refine the federal government's original...more

WilmerHale

Facelift for Two Millennials: DOJ and FTC Update Guidelines for IP Licensing and International Enforcement

WilmerHale on

More than 21 years ago, the US antitrust agencies issued guidance to the business community on two critical topics of antitrust enforcement: (1) the licensing of intellectual property rights and (2) international enforcement...more

Eversheds Sutherland (US) LLP

Revised 2017 Antitrust Guidelines for IP Licensing; Qualcomm Ensnared in New Antitrust Suits for Licensing Activities

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission issued updated “Antitrust Guidelines for the Licensing of Intellectual Property” for the first time since 1995. The updated Guidelines are...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Agencies Release Updated Guidelines for IP Licensing and International Enforcement and Cooperation"

On January 13, 2017, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued revised Antitrust Guidelines for the Licensing of Intellectual Property...more

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