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ARTICLE · 27 DECEMBER 2012

Joint DOJ-FTC Workshop Explores Competitive Impact Of Patent Assertion Entities

Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE).

United StatesAntitrust/Competition Law

Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE).  At a recent joint workshop sponsored by the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ), participants from academia, industry and the legal world discussed the competitive impact of these organizations and considered whether antitrust law offers regulators any tools to grapple with potential anticompetitive activity.  No new policy prescriptions emerged during the daylong session, but the agencies continue to seek comment and study this rapidly developing area.


The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) hosted a daylong workshop on December 10, 2012, which gathered lawyers, academics and industry representatives to discuss the growing activity of patent assertion entities (PAE).  Patent assertion entities, often derisively referred to as patent "trolls," are organizations whose business model is

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