DOJ Support Of SEP Injunctions Should Stabilize Licensing

Law360 (September 24, 2020, 4:13 PM EDT) -- On Sept. 10, the U.S. Department of Justice's Antitrust Division issued an updated business review letter[1] to the Institute of Electrical and Electronics Engineers Inc. clarifying the DOJ's views on licensing and enforcement practices related to standard-essential patents.

The 2020 letter is part of a continuing series of policy statements favoring a diminished role for antitrust enforcement in intellectual property disputes, following the DOJ's amicus brief opposing the Federal Trade Commission's position in the recently decided FTC v. Qualcomm Inc. decision.[2]

As if to emphasize the point, the DOJ also announced last week a joint workshop with the U.S. Patent and...

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