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On Friday, August 25, 2023, the U.S. Court of Appeals For The District Of Columbia Circuit affirmed dismissal of an antitrust action brought by the Federal Trade Commission...
Antitrust issues (referred to interchangeably here as competition issues) are an increasingly important consideration for intellectual property (IP) owners. Such issues can arise in numerous transactions involving IP rights, including from refusals to license, exclusive licenses, royalty provisions, field of use restrictions, territorial and customer limitations, exclusive dealing, tying arrangements, restrictions affecting research and development, non-challenge provisions, crosslicenses, and patent pools, among other arrangements.