Innovation Driving DOJ Patent Antitrust Policy, Official Says

Law360 (April 15, 2019, 9:29 PM EDT) -- The positions recently taken by U.S. Department of Justice's Antitrust Division on patent law, such as abandoning a policy discouraging injunctions, are driven by concerns that using antitrust law to limit patent rights could harm innovation, a top division official said Friday.

Speaking at the American Bar Association's Intellectual Property Law Conference in Arlington, Virginia, Principal Deputy Assistant Attorney General Andrew Finch said the division's view is that there should be no obligation to license patent rights under antitrust law and that unconditional refusal to license a patent should not give rise to antitrust liability.

The department has thus moved away...

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