DOJ’s Stance On SEPs Gets A Very Mixed Response

Law360 (June 4, 2018, 11:04 PM EDT) -- The U.S. Department of Justice’s view of standard setting organizations, and their potential for anti-competitive conduct, is shifting under the new administration’s leadership, and a stance that favors patent holders over implementers of important technology has provoked diverging reactions from the antitrust community.

The DOJ’s antitrust chief, Makan Delrahim, has been advocating for more scrutiny of licensees in the standard essential patent process, under the theory that they could collectively refrain from buying licenses until more favorable demands are met — the so called “holdout” problem. These implementers have also been accused of using standard essential patents without a license, but...

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