The intersection of antitrust law and intellectual property has become increasingly more complicated and important at the same time. Advanced technology, innovation, “Moore’s law” and the Internet are all causing revolutionary changes throughout the economy. Protecting, preserving and asserting intellectual property rights—or competing effectively in light of a competitor’s IP—are critical for many businesses.
Antitrust and IP, however, are often at odds. IP can create or protect market positions while antitrust law is often hostile to the exercise of market power. Increasingly enforcement agencies and private plaintiffs have alleged that some IP arrangements restrain competition in violation of the antitrust laws. The FTC and Antitrust Division have specially targeted intellectual property licenses by pharmaceutical companies as a subject of enhanced scrutiny under the Hart-Scott-Rodino Act. We have had significant experience in intellectual property licensing and standard setting, particularly in questions arising by reason of antitrust laws that have application to the licensing of intellectual property rights. We also litigate and counsel clients regarding patent misuse, bad faith intellectual property enforcement, the acquisition and/or licensing of patents and other intellectual property and the competitive implications of settling intellectual property disputes.