Publication

Delrahim Restores Balance to Antitrust Treatment of SEPs

June 7, 2018

"In a recent open letter to Assistant Attorney General Makan Delrahim, a group of former government enforcement officials and professors took aim at recent speeches of AAG Delrahim relating to the role of antitrust in standards development activities, claiming that they 'are [not] consistent with the broad bipartisan legal and economic consensus that has existed for over a decade regarding standard setting.' While I regard the signatories of the letter with utmost respect, I believe it is the letter, rather than AAG Delrahim’s speeches, that represents the greater departure from the broad bipartisan consensus on the relationship between antitrust and intellectual property that has existed since at least 1995, and probably before."

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