Is Antitrust A Proper Tool For Setting Patent Policy?

I was honored to speak at an event hosted by the Hoover Institution at Stanford University, in conjunction with Global Competition Review, regarding the intersection of antitrust and IP law. My esteemed co-panelists, including Mark Lemley, provided a variety of insights as to the role that antitrust should play in setting IP policy. Despite our diverse perspectives, we all largely agreed that antitrust belongs at the periphery of IP law, and that antitrust concerns should only come into play where the patent holder seeks a greater advantage or monopoly than a patent itself confers, e.g., where a branded pharmaceutical company and generic collude as part of a “pay for delay” arrangement. Antitrust should have little say, by contrast, with respect to the proper interpretation or application of FRAND commitments—an issue that is largely a private contractual dispute, and not a basis for government antitrust intervention.

Leave a Reply

Your email address will not be published. Required fields are marked *

We view each new engagement as a joint venture with our client. And we structure our relationships accordingly.

We focus on delivering results, not hours.

Noroozi PC is experienced in valuing potential and pending litigation claims, particularly in the highly volatile area of patent litigation.

We partner our business with your business, solving your problems as our problems, closing the gap between agency and partnership.

Our mission is excellence.  Our method is an unrelenting focus on innovation, efficiency, and results.

Through targeted engagements, we aim to improve case valuations at discrete case inflection points.

We believe that commercial lawyers, like asset managers, should be judged by their ability to generate alpha.

Tell us about your matter