Letter from Former Government Officials, Professors, & Academics to DOJ regarding Avanci Business Review Letter
12 Pages Posted: 19 Oct 2022
Date Written: October 17, 2022
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: Suggested Citation