DOJ Should Withdraw Improper Intervention In SEP Cases

By Jay Jurata and Emily Luken (August 24, 2021, 5:14 PM EDT) -- During the Trump administration, the Antitrust Division of the U.S. Department of Justice forcefully advocated against the application of competition law to disputes involving standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms.

Spearheaded by former Assistant Attorney General for Antitrust Makan Delrahim, the prior DOJ pursued an aggressive campaign to advance its "New Madison" approach. This approach argued, among other things, that antitrust law was not an appropriate vehicle through which to address an SEP holder's breach of FRAND. 

The prior DOJ's advocacy campaign included intervening in multiple district court cases under Title 28 of...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!