Antitrust and Patent Issues, Part 1

In this issue:

In our next two issues, compiled with Danny Sokol’s guidance, we’re diving into the murky waters of patents. We’re asking how to balance the need to protect competition with the desire to encourage innovation, and, in an obviously related question, how to compensate for others to use that innovation. Recent events have underscored the continuing turmoil in the field—the Ericsson and Qualcomm decisions; intensified discussion on royalties, including asking whether royalty stacking even exists; the Recent FTC IEEE letter; and others.

And do any conclusions stand out? For one, we couldn’t give all these issues sufficient attention in just one issue, so this will be part one of a two-part colloquium. But also, if you’re involved in antitrust today, this is a field you really need to understand. And reading these papers will move you a long way down that road.

Antitrust and Patent Issues, Part 1

Alden Abbott, Mar 16, 2015

Standard Setting, Patents, and Competition Law Enforcement—The Need for U.S. Policy Reform

Recent FTC and DOJ actions related to standard setting promote dubious enforcement theories and favor technology implementers over innovator patentees, to the detriment of dynamic competition and innovation. Alden F. Abbott (Heritage Foundation)

Stuart Chemtob, Mar 16, 2015

Carte Blanche for SSOs? The Antitrust Division’s Business Review Letter on the IEEE’s Patent Policy Update

The DOJ’s devaluing of concerns


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