O’Melveny Worldwide

Antitrust Magazine: The Future of the Past: Taking Stock of SEP Policy at the Outset of the Biden Administration

August 9, 2021

 

O’Melveny antitrust practice co-chair Ian Simmons authored an article for the American Bar Association’s Antitrust Magazine alongside counsel Scott Schaeffer and associates Brian Quinn and Eric Rodriguez. 

In “The Future of the Past: Taking Stock of SEP Policy at the Outset of the Biden Administration,” the authors explore how standard-essential patents have been regulated by US antitrust authorities over time, and how such regulation may evolve under the Biden administration. 

“As of early June 2021, the Biden administration’s approach to antitrust enforcement and SEPs remains uncertain, particularly given that key administration positions—including the Assistant Attorney General for Antitrust at the DOJ and the Director of the USPTO—remain unfilled. But there are some indications that a rebalancing may be underway,” the authors wrote.

Read the full article here.