An Overdue Re-Examination Of Antitrust Policy Toward SEPs
By David Teece and Edward SherryFebruary 1, 2018, 1:07 PM EST
Law360, New York (February 1, 2018, 1:07 PM EST) -- In November 2017, Assistant Attorney General Makan Delrahim, head of the U.S. Department of Justice’s Antitrust Division and a patent lawyer, gave a speech at the University of Southern California Gould School of Law titled "Take It to the Limit: Respecting Innovation Incentives in the Application of Antitrust Law." In that speech, Delrahim gave what we believe to be a salutary reappraisal of antitrust issues regarding standards development and patents implicating standards.
The issue of standard-essential patents, commitments to make licenses to such patents available on...