Antitrust Risks in IP Acquisitions, Transfers and Licenses

Navigating the Challenges with Patent Pools, Tying Arrangements, Pricing and Bundling

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, October 25, 2011

Recorded event now available

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Program Materials

This CLE webinar will provide antitrust and IP attorneys with an analysis of current antitrust law standards and guidance that apply to IP transactions. The panel will explore IP issues that raise particular concerns for antitrust liability and discuss current trends in enforcement and litigation.

Description

IP and antitrust laws are sometimes said to be in conflict — IP laws allow for exclusionary conduct while antitrust laws discourage it. This intersection has long led to disputes when firms have pooled, bundled, tied and restricted prices of intellectual property. In recent years, as antitrust enforcers have increased their attention to intellectual property, navigating successfully between these two bodies of law has become even more important.

Courts, government agencies and standard-setting organizations continue to clarify antitrust law restrictions on the owners of patents, copyrights and other forms of intellectual property. Counsel for IP owners must stay on top of these current trends in antitrust enforcement in order to help their clients recognize and avoid potential antitrust liability.

Listen as our authoritative panel of antitrust and IP attorneys discusses how to effectively minimize antitrust risks in IP transactions. The panel will also highlight current trends in government investigations and litigation.

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Outline

  1. Current guidance and standards where antitrust law and IP transactions intersect
    1. IP guidelines
    2. Business review letters
    3. Case law
    4. FTC and DOJ Hearings
    5. European Commission
  2. Current antitrust issues in IP transactions
    1. Acquisitions of intellectual property
    2. Patent pools
    3. Tying and bundling arrangements
    4. Price and other restrictions
    5. Royalty provisions
  3. Current enforcement and litigation trends
    1. Government investigations and litigation
    2. Private litigation

Benefits

The panel will review these and other key issues:

  • Acquisitions of intellectual property
  • Pricing, territorial, field-of-use, customer and other restrictions
  • The duty to license IP and the remedy of compulsory licensing
  • Tying and bundling arrangements and the issue of the "technological tie"
  • Patent pools and royalty provisions
  • Standards setting organizations and the problems of "patent hold-up"

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Paul Saint-Antoine
Paul Saint-Antoine

Partner
Drinker Biddle & Reath

He is a partner in the firm’s Litigation Department and a co-chair of the Antitrust Practice Group. He represents...  |  Read More

Henry C. Su
Henry C. Su
Attorney Advisor
Federal Trade Commission

He serves as an attorney advisor to Commissioner J. Thomas Rosch at the Federal Trade Commission, advising him on...  |  Read More

M. Howard Morse
M. Howard Morse

Partner
Cooley

He is a partner in the Antitrust Practice Group. He regularly represents businesses before the Federal Trade...  |  Read More

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