Thursday, May 9, 2019

Delrahim, Iancu Panel Discussion at FedSoc Event

I saw this article by Bryan Koenig, titled DOJ Antitrust Chief Wants to Take Thumb Off Patent Scales, on Law360 this morning, and then was able to find a video of yesterday's panel discussion at the Federal Society's Seventh Annual Executive Branch Review Session.  I don't think a transcript is available yet.  Mr. Delrahim states, among other things, at about the 17 minute point, that the unilateral exercise of exclusive rights in a valid patent should never be an antitrust violation.  The discussion of SEPs begins at about the 37 minute mark.  Mr. Delrahim defends his withdrawal from the 2013 USDOJ/USPTO Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (previously discussed here, and critiqued by me here); Mr. Iancu says, as he did a couple of weeks ago at Fordham, that the USPTO is still considering its options.

The panel discussion touches on other issues as well, including AI.  Brief discussion of eBay towards the very end (around 1:03).

I'm working on a short paper that will take on some of Mr. Delrahim's views about the intersection of patents and antitrust, and hope to have something to post soon.

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