DOJ Antitrust Letter Charts Path To Higher Ed IP Collaboration

The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the U.S. Justice Department.

In particular, patent holders have sought guidance from antitrust enforcers on issues relating to standard-essential patents, or SEPs, non-SEPs, patent pools and patent licensing.

Earlier this year, a collaboration of 15 private and public universities¹ sought specific guidance from the DOJ with regard to a non-SEP. The collaboration is known as the University Technology Licensing Program, or UTLP.

In its response, the DOJ found that the design, contractual structure and antitrust safeguards employed in the collaboration minimized legal risk while promoting procompetitive licensing, increased output and innovation.