McKool Smith principal Blair Jacobs spoke with The National Law Journal on the recent confirmation from the Department of Justice (DOJ) spokesperson on the changes in SEP and antitrust behavior. This would also lead to law firms combining technical IP advice with their antitrust and litigation practices. Blair said, “Of the DOJ’s SEPs-antitrust policy change,… traditionally, when the country moves from a Republican to a Democratic administration, antitrust laws are ‘used more frequently,’ and investigations are escalated. Big SEP holders have been proactively seeking guidance from the [DOJ] for a long time. For lawyers that defend and enforce [standard essential patents] and FRANDs—fair, reasonable and non-discriminatory patent usage—the threat of antitrust investigations becomes ‘another arrow in the quiver to use when negotiating’ with the competition.” Read the article here.
