BCLP Lawyers Author Analysis for ‘Law360’ on Antitrust Guidance for Higher Ed IP Collaboratives

BCLP Partners Arindam Kar and George Chen and Of Counsel Michael Cannon jointly authored an analysis published June 21 by Law360  on the increasing intersection of antitrust and intellectual property laws, which has led to a number of complex legal issues going before the Antitrust Division of the U.S. Justice Department. Patent holders have sought guidance on issues related to standard-essential patents (SEPs), non-SEPs, patent pools and patent licensing. The article outlines recent information antitrust agencies have provided for these patent holders. “The guidance set forth by the DOJ should be extremely intriguing for higher education institutions and research facilities, especially those that have robust physical sciences and life sciences departments, in exploring whether to form or join non-SEP pools,” they wrote. “In particular, universities that are not planning to market products and services utilizing their patents now have a roadmap that can assist them to seek out other, similarly situated universities and collectively spur commercial opportunities with their respective, pooled IP while generating a real return on investment that will help support further university research, development, and innovation.” The Law360 article was based on a BCLP client alert from May 24, accessible here.