Antitrust Issues in Intellectual Property Licensing: Overview | Practical Law
A Practice Note discussing antitrust considerations in intellectual property (IP) and technology licensing and related transactions, including research and development (R&D) joint ventures. This Note focuses on the aspects of IP licensing transactions most likely to be challenged as anticompetitive, including those involving tying, patent pools, grantbacks, resale price maintenance, and exclusivity. This Note includes a discussion of the relevant antitrust laws, the applicable legal standards, and guidance from the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ).