Title
Standard Setting and Antitrust: The Intersection Between IP Rights and the Antitrust Laws
Author
M. Howard Morse, partner with Drinker Biddle & Reath LLP in Washington, DC
Date
10/14/2008
(Original Publish Date: 6/1/2003)
(Original Publish Date: 6/1/2003)
Abstract
IP today is often a company's most valuable asset, particularly for high-tech firms. Perhaps not surprisingly, therefore, issues at the intersection of antitrust and IP are of increasing importance. The US antitrust enforcement agencies, the Department of Justice (DOJ), and Federal Trade Commission (FTC) are escalating their scrutiny of conduct involving IP, including standard setting, under the antitrust laws. Lawyers are now regularly asserting antitrust claims based on such conduct in IP litigation. This article describes recent developments at the agencies and in the courts to assist counsel in analyzing such claims.
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