Antitrust Enforcement and
Intellectual Property Rights:

Promoting Innovation and Competition

Issued by the U.S. Department of Justice and the Federal Trade Commission April 2007

Antitrust Enforcement and
Intellectual Property Rights:

Promoting Innovation and Competition

Issued by the

U.S. Department of Justice
and the
Federal Trade Commission

April 2007

This Report should be cited as:

U.S. Dep't of Justice & Fed. Trade Comm'n, Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition (2007).

This Report can be accessed electronically at:

www.usdoj.gov/atr/public/hearings/ip/222655.pdf

www.ftc.gov/reports/index.shtm

TABLE OF CONTENTS

INTRODUCTION

CHAPTER 1: THE STRATEGIC USE OF LICENSING: UNILATERAL REFUSALS TO LICENSE PATENTS

CHAPTER 2: COMPETITION CONCERNS WHEN PATENTS ARE INCORPORATED INTO COLLABORATIVELY SET STANDARDS

CHAPTER 3: ANTITRUST ANALYSIS OF PORTFOLIO CROSS-LICENSING AGREEMENTS AND PATENT POOLS

CHAPTER 4: VARIATIONS ON INTELLECTUAL PROPERTY LICENSING PRACTICES

CHAPTER 5: ANTITRUST ISSUES IN THE TYING AND BUNDLING OF INTELLECTUAL PROPERTY RIGHTS

CHAPTER 6: COMPETITIVE ISSUES REGARDING PRACTICES THAT EXTEND THE MARKET POWER CONFERRED BY A PATENT BEYOND ITS STATUTORY TERM

APPENDICES

1. Hearings Participants

2. Hearings Submissions

3. Public Comments

4. Hearings Transcripts

5. United States Code

6. Cited Cases and Supporting Documents

7. Publications Cited

INDEX

Acknowledgments:

The Agencies thank the Hearings participants for the contribution of their expertise and time to this project. The Agencies also thank the U.S. Patent and Trademark Office for participating in many of the panels at the Hearings.

The Agencies thank the Competition Policy Center and the Berkeley Center for Law and Technology at the University of California at Berkeley for providing facilities to allow some of the Hearings to be held on the West Coast.

Cover:

The clip art on the cover was obtained under license from Microsoft Corporation.

The image of Article I of the U.S. Constitution is from the website of the National Archives.

Patent on front cover:
Patent No. U.S. Pat. No. 2,221,776 ­ Electron Photography (Nov. 19, 1940)

U.S. Department of Justice www.usdoj.gov/atr

Federal Trade Commission www.ftc.gov