Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter

August 2017

The U.S. Department of Justice’s Antitrust Division (DOJ) departed from its own position and offered recommendations for SDOs that were ultimately adopted in large part by the Institute of Electrical and Electronics Engineers (IEEE), there was evidence of a decline in the number of letters of assurances (LOAs) following the IEEE’s 2015 intellectual property right (IPR) policy changes, with numerous major standard-essential patent (SEP) holders explicitly stating that they were refusing to grant LOAs under the new policy due to the unbalanced nature of the revisions. In addition, IEEE meeting minutes report a slowed rate of development for 802.11ah following the 2015 policy changes.

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