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A Dozen Times IP Lawyers Should Call Their Antitrust Lawyers

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:

  1. Entering into a merger, acquisition, or joint venture;
  2. Your rivals enter into a merger or acquisition;
  3. Acquiring a company with a potentially competing product in R&D;
  4. Enforcing IP rights;
  5. Buying IP with attached commitments;
  6. Settling patent litigation;
  7. Dealing with standards setting organizations;
  8. Selling unpatented products or services in conjunction with IP;
  9. Structuring licensing agreements;
  10. Challenging regulatory filings;
  11. Entering into a patent pool; and
  12. Introducing new products and product designs.


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About David Balto

David Balto provides counsel to companies on a broad range of antitrust matters and frequently represents parties before the Antitrust Division of the Department of Justice, the Federal Trade Commission, Congress and state legislatures. He has over 20 years of experience as an antitrust attorney in the private sector, the Antitrust Division of the Department of Justice, and the Federal Trade Commission. View all posts by David Balto →
  • Michael F. Martin

    What could an IP lawyer possibly be doing for a client that wouldn’t fall within one (or several) of those categories?

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