Antitrust Concerns with Standard-Setting Organizations, Standard Essential Patents, and FRAND Licensing Terms: Promoting Competition While Protecting IP Rights

Navigating Standard Essential Patents, Hold-ups and FRAND; Latest FTC and DOJ Actions and Guidance

A live 90-minute CLE webinar with interactive Q&A


Wednesday, July 26, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 30, 2017


This CLE webinar will discuss the application of antitrust laws to standard-setting organizations (SSOs), the enforcement and licensing of standard essential patents (SEPs) and the commitment of SEP holders to license SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms. The panel will also discuss FTC and DOJ actions with respect to these issues.

Description

Businesses often collaborate to establish industry standards through SSOs. Industry standards can make products less costly for firms to produce and more valuable to consumers. They can increase innovation and efficiency in the marketplace. But, collaborative standard setting presents antitrust risks, as well as intellectual property (IP) issues for counsel and SSO participants.

Competition concerns also arise when standards incorporate technologies that are protected by IP rights. Owners of SEPs may take advantage of new market power derived from the standard and “hold-up” implementation of the standard, by excluding competitors from the market through infringement actions or onerous licensing terms. To mitigate against a hold-up, SSOs often ask their members to commit to license SEPs on “fair, reasonable, and non-discriminatory” (FRAND) terms.

Listen as our authoritative panel analyzes the antitrust issues associated with SSOs, the competition issues presented by SEPs and FRAND licensing terms in addressing some of those concerns. The panel will also discuss recent regulatory actions, and best practices in standard setting and formulating FRAND terms that promote competition while protecting IP rights.

Outline

  1. SSO and SEPs - threshold antitrust considerations
  2. Hold-ups - SEP infringement actions and licensing
  3. FRAND - balancing IP rights with competition concerns
  4. Recent cases and regulatory actions regarding SEPs
  5. Updated FTC and DOJ antitrust guidelines for licensing of intellectual property - effect on SSOs
  6. Best practices for SSOs and SEP holders

Benefits

The panel will review these and other key questions:

  • What are the antitrust risks involved with SSOs and SEPs?
  • What actions constitute a "hold-up", and how do SSOs respond?
  • Is an SEP holder required to license its IP on a FRAND basis, and if it does how are its enforcement rights limited?
  • What lessons can be learned from recent actions and guidance from DOJ and FTC?

Faculty

William (Will) Díaz, Partner
McDermott Will & Emery, Irvine, Calif.

Mr. Díaz litigates and counsels clients on antitrust cases, obtains FTC and Department of Justice clearance on mergers, and defends clients in government investigations. He has significant experience in the interplay between the antitrust and intellectual property laws and the issues that crossover into both areas, including standard-setting activities, patent pools, fair, reasonable and non-discriminatory (FRAND) licensing issues and patent misuse. He also has handled numerous litigations and transactions in the biotech, pharmaceutical and medtech industries. Prior to joining private practice, he was an attorney for the FTC, Bureau of Competition, investigating and analyzing mergers and anticompetitive trade practices.

Stefan M. Meisner, Partner
McDermott Will & Emery, Washington, D.C.

Mr. Meisner focuses his antitrust practice on complex, multidistrict class action litigation alleging Sherman Act violations, US Department of Justice investigations, merger investigations and intellectual property issues. He counsels clients on the antitrust implications of patent licensing and settlements of infringement litigation. In addition, he counsels clients on global strategies for addressing cartel prosecutions and defenses, from the inception of government investigations, to the initiation of civil class action litigation in a variety of jurisdictions. He also provides extensive counseling on distribution and pricing issues under US law. He also advises on major mergers and acquisitions, and on merger notification under the Hart-Scott-Rodino Act and multinational notification regimes.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 06/30/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 06/30/17)

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 06/30/17)

How does this work?

Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

Includes Early Discount Savings of $50.00 (through 06/30/17)

How does this work?

DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 06/30/17)

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 06/30/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 06/30/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 06/30/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
June 30, 2017
(5 days)

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

One of the best webinars we have attended.

Chloe Hecht

Ladas & Parry

Very well-organized.

Kerin Coughlin

Constantine Cannon

The speakers were tops in their industry.

Peter Danias

Kaye Scholer

I found the speakers knowledgable and informative.

Angus E. Crane

NAIMA

The real case examples and case citations were very helpful.

Tyler Wilkinson

Axley Brynelson

or call 1-800-926-7926

Antitrust Law Advisory Board

Clifford H. Aronson

Partner

Skadden Arps Slate Meagher & Flom

W. Joseph Bruckner

Partner

Lockridge Grindal Nauen

Gregory J. Casas

Shareholder

Greenberg Traurig

David B. Goroff

Partner

Foley & Lardner

Allen P. Grunes

Co-Founder and Attorney

The Konkurrenz Group

Robert N. Kaplan

Partner

Kaplan Fox & Kilsheimer

Christopher J. Kelly

Partner

Mayer Brown

James J. Long

Shareholder

Briggs and Morgan

Milton Marquis

Shareholder

Cozen O'Connor

Janet L. McDavid

Partner

Hogan Lovells

Kevin D. McDonald

Partner

Jones Day

Daniel F. McInnis

Partner

Thompson Hine

Saul P. Morgenstern

Partner

Kaye Scholer

Douglas Rosenthal

Partner

Constantine | Cannon

M. Sean Royall

Partner

Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.

Partner

Berman DeValerio

Douglas M. Tween

Partner

Linklaters

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.