Standards and Patent Assertion Entities at the IP-Antitrust Interface: Adhering to Basic Principles

2 China Antitrust Law Journal 23-43 (2018)

22 Pages Posted: 8 Feb 2019

See all articles by Yee Wah Chin

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Date Written: October 25, 2018

Abstract

The United States antitrust approach to intellectual property has evolved over time. The same antitrust analysis now applies to conduct involving IP as to conduct involving other forms of property, taking into account the specific characteristics of the particular property right.

However, there have been significant calls recently for presumptions that infringements suits and licensing conduct by patent assertion entities (PAEs) labeled “patent trolls” and holders of standard essential patents (SEPs) are monopolization or attempts to monopolize that violate Sherman Act §2, 15 U.S.C. §2. This paper argues that the basic principles of keeping in mind history and context, and general antitrust principles, apply equally to SEPs and PAEs as to other economic phenomena, and there is no need for any special presumptions.

Keywords: SEP, PAE, standards, patent assertion entities, antitrust

JEL Classification: K21, K29, K39

Suggested Citation

Chin, Yee Wah, Standards and Patent Assertion Entities at the IP-Antitrust Interface: Adhering to Basic Principles (October 25, 2018). 2 China Antitrust Law Journal 23-43 (2018). Available at SSRN: https://ssrn.com/abstract=3323551

Yee Wah Chin (Contact Author)

Ingram Yuzek Gainen Carroll & Bertolotti, LLP ( email )

250 Park Avenue
New York, NY 10177
United States

HOME PAGE: http://www.ywc-antitrust.com

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