Some of the most high-profile competitive disputes involve both intellectual property (IP) and antitrust law. Prudent IP lawyers know the value of securing antitrust advice, especially when dealing with potential transactions or potential litigation. IP lawyers should seek out the advice of their antitrust colleagues in order to avoid antitrust pitfalls in the following 12 circumstances:
- Entering into a merger, acquisition, or joint venture;
- Your rivals enter into a merger or acquisition;
- Acquiring a company with a potentially competing product in R&D;
- Enforcing IP rights;
- Buying IP with attached commitments;
- Settling patent litigation;
- Dealing with standards setting organizations;
- Selling unpatented products or services in conjunction with IP;
- Structuring licensing agreements;
- Challenging regulatory filings;
- Entering into a patent pool; and
- Introducing new products and product designs.
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