Letter from Former Government Officials, Professors, & Academics to DOJ regarding Avanci Business Review Letter

12 Pages Posted: 19 Oct 2022

See all articles by Alex H. Moss

Alex H. Moss

Public Interest Patent Law Institute

Michael A. Carrier

Rutgers Law School

Date Written: October 17, 2022

Abstract

In this letter, on behalf of 28 former government enforcement officials, professors, and public interest advocates, we urge the head of the Department of Justice’s (DOJ) Antitrust Division, Assistant Attorney General Jonathan Kanter, to reconsider his predecessor’s decision to approve the Avanci patent licensing pool targeting the automotive industry.

The letter relied on questionable assumptions when issued, and the passage of time has laid bare the incentives for the pool and licensors (including patent trolls) to act in lockstep to the detriment of automobile manufacturers, component suppliers, and American consumers.

We believe reconsideration is necessary because the letter (1) undermines bipartisan consensus on standard setting, (2) relies on questionable positions, (3) expresses concerns that real- world events have corroborated, (4) compounds supply-chain problems, and (5) threatens even more foreboding future harms as 5G is more fully deployed.

Keywords: standard essential patents, patents, SEPs, antitrust, business review letter

Suggested Citation

Moss, Alex and Carrier, Michael A., Letter from Former Government Officials, Professors, & Academics to DOJ regarding Avanci Business Review Letter (October 17, 2022). Available at SSRN: https://ssrn.com/abstract=4250512 or http://dx.doi.org/10.2139/ssrn.4250512

Alex Moss (Contact Author)

Public Interest Patent Law Institute ( email )

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United States

HOME PAGE: http://www.piplius.org

Michael A. Carrier

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

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