[Panel 3] Standard Essential Patents and Antitrust

For a number of years, enforcement of standard essential patents by injunctive relief, and breach of a patentee’s commitment to license standard essential patents on fair, reasonable, and nondiscriminatory terms, were found to raise potential antitrust issues. The U.S. Department of Justice, Antitrust Division, wants to rebalance the relationship between competition law and intellectual property rights through its application of the “New Madison” approach. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice, will engage in a dialogue about the New Madison approach and the issues to be addressed at the intersection of intellectual property rights and competition laws.