Analysis

Delrahim's SEP Policy Could Mean Enforcement Shift For DOJ

Law360, New York (December 7, 2017, 2:34 PM EST) -- Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct, but experts tell Law360 it's too soon to tell if enforcement will change.

While most enforcement of antitrust issues dealing with standard-setting organizations and the standard essential patent process have been handled by the Federal Trade Commission in the past, Assistant Attorney General Makan Delrahim has a clear interest in the issue and recently dove into the area during a speech. He called out enforcers...

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