Antitrust Risks in Patent Pools and SSOs

Avoiding Price Fixing, Exclusionary Conduct

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

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Conducted on Tuesday, September 23, 2008

Course Materials


Patent owners work together to facilitate interoperability of products through standard setting organizations (SSO) and patent pools.

SSOs help develop industry standards for particular technologies and patent pools offer a package for licensing essential patents to make a standardized product. However, both raise antitrust concerns.

Patent owners received good news when the U.S. Court of Appeals for the District of Columbia Circuit overturned the FTC’s ruling in Rambus. Patent owners must still be wary as antitrust authorities in other jurisdictions, including Europe, will likely take a tougher stance toward SSO conduct.

Listen as our authoritative panel of antitrust attorneys examines SSOs and patent pools, the current state of the law as it relates to them, the antitrust pitfalls and strategies for structuring them to avoid antitrust violations.



  1. Standard setting bodies
    1. Benefits
    2. Concerns
    3. Antitrust principles applicable to standard setting bodies
    4. Avoiding antitrust pitfalls in standard setting
  2. Patent pools
    1. Patent pools defined
    2. Benefits
    3. Concerns
    4. Recent developments /current state of the law
    5. Avoiding antitrust pitfalls in patent pools
  3. Best practices for structuring PP and SSOs
    1. Patent pools
    2. Standard setting bodies


The panel will review these and other key questions:

  • What are the antitrust concerns raised by standard setting organizations and patent pools?
  • What is the current state of the law? Does the Rambus ruling create a circuit split?
  • What steps can IP owners and their counsel take to minimize antitrust violations?


Carl W. Hittinger
Carl W. Hittinger

DLA Piper

Mr. Hittinger focuses on complex commercial and civil rights litigation with an emphasis on antitrust and unfair...  |  Read More

Erica S. Mintzer
Erica S. Mintzer

Hogan & Hartson

She has significant experience counseling clients on a wide range of antitrust issues, including mergers,...  |  Read More

Jeffrey Blumenfeld
Jeffrey Blumenfeld

Crowell & Moring

He specializes in antitrust and other complex litigation, and competition issues facing technology companies, including...  |  Read More

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