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.


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.


  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


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?


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.

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