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Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path Toward Licensing and Innovation | Bryan Cave Leighton Paisner


Summary
The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”). Earlier this year, a collaboration of fifteen private and public universities sought specific guidance from the DOJ with regard to a non-Standard Essential Patents (“SEPs”) patent pool. In its response, the DOJ found that the design, contractual structure, and antitrust safeguards employed in the collaboration minimized legal risk while promoting procompetitive licensing, increased output, and innovation. Higher education clients with robust physical sciences and engineering programs may find this guidance helpful when exploring their own non-SEP patent pool collaboration opportunities. ....

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