Client Services / Intellectual Property, Media & Technology / Antitrust - IP, Media & Tech

Antitrust - IP, Media & Tech

Antitrust issues most commonly arise in intellectual property, media & technology cases in two areas. First and foremost, antitrust concerns are raised with respect to licensing. In general, patent and copyright owners can decide whom to license to and under what terms. However, discriminatory licensing practices (such as exclusive patent cross-licensing or pooling arrangements with other companies) or tying agreements (requiring licensure of unpatented or unwanted items as a condition of a patent license) have been found to violate the antitrust laws. Courts also have refused to enforce patents and copyrights where the license unduly restricts the licensee's ability to compete with the licensor.

Second, antitrust claims can limit or prevent intellectual property owners from enforcing their rights. Attempts to enforce patents that are known to be invalid have resulted in antitrust liability. Under the doctrines of patent and copyright misuse, anticompetitive practices may prevent an intellectual property owner from enforcing his rights until, and unless, those practices are purged.

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Intellectual Property, Media & Technology Client Services

McDermott Will & Emery

McDermott Will and Emery