DOJ Antitrust Head Touts Pushback On 'Radical' IP Theory

Law360 (September 10, 2020, 8:03 PM EDT) -- U.S. and international courts are starting to push back against the "radical theory" that violations of licensing commitments for standard-essential patents can trigger competition law, thanks in part to U.S. Department of Justice advocacy, the head of the DOJ's Antitrust Division said Thursday.

The Antitrust Division under Assistant Attorney General Makan Delrahim has significantly ramped up its amicus program to push its views on other cases, with a particular focus on the intersection of competition law and intellectual property. Those efforts are bearing fruit, Delrahim, a former patent attorney, said during a LeadershIP event on the roles of intellectual property, industry standards and antitrust...

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