Intersection of Antitrust and IP: Shearman Act, Standard Essential Patents, and Licensing and Litigation Strategies
Drawing on real-world litigation and agency guidance, this presentation (hosted by LES USA-Canada's Houston Chapter) demystifies the intersection of antitrust and IP. Core frameworks under Sherman Act Sections 1 and 2, including Walker Process fraud, sham litigation, refusals to license/tying, and effects-based analysis of licensing, cross-licensing, and patent pools will be covered. They will also examine SSOs/SEPs and FRAND—where deception, hold-up, or exclusionary conduct can trigger liability—and share actionable guidance for aligning enforcement, licensing, and litigation strategy with business objectives.