Antitrust Guidelines for the Licensing of Intellectual Property - 2016 Proposed Update


The FTC and DOJ released a proposed update to the 1995 “Antitrust Guidelines for the Licensing of IP” on August 12, 2016, and sought public comments. Most of the updates are not deemed to a substantial change from the original guidelines. Several companies and stake-holders have submitted their comments, including Innovation Alliance, Ericsson, Interdigital, Intel, George Mason University, and University of California, Berkeley. Notably, Professors Shapiro, Farrell, and Gilbert have expressed concerns about the updates being a “minor revision”, and have asked for a “more ambitious and substantial” update for covering the antitrust treatment of SEPs and Patent Settlements.

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