Analyzing Patent Pools: Will They Pass Muster Abroad?

Law360, New York (August 16, 2010, 12:35 PM EDT) -- Patent pools are joint licensing arrangements in which a group of patent holders agree to license their respective patents to each other and often to third parties.

In business review letters and other guidance, the U.S. Department of Justice and the Federal Trade Commission have developed a framework for the antitrust analysis of patent pools that recognizes the benefits of patent pools and provides a blueprint for avoiding conflict with U.S. antitrust law.

However, many patent pools grant licenses on an international, if not worldwide basis....
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