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Expert Analysis

Antitrust Agencies Will Remain Focused On Patent Conduct

Law360, New York (February 4, 2013, 12:01 PM EST) -- If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under certain circumstances — which are not entirely clear at the moment — it may be a violation of the competition laws for a holder of standard essential patents (SEPs) to seek an injunction against alleged infringers of those SEPs. In addition, U.S. agencies are exploring the competitive implications of nonpracticing entities seeking to monetize the patents they acquire....

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