Antitrust Issues in Licensing

Philadelphia partner Paul Saint-Antoine presented at a recent Practising Law Institute seminar on “Understanding the Intellectual Property License 2010.” The course provided an overview for practitioners of how to negotiate and draft effective license agreements -- whether for the licensor or licensee. Paul, co-chair of the firm’s Antitrust Practice Group, presented on “Antitrust Issues in Licensing.” He covered: the applicable antitrust standard, i.e. per se violations versus rule of reason; distinguishing between horizontal and vertical licenses; particular restrictions in IP licenses; and differences between the application of U.S. and EU antitrust law to IP licenses.