A Call for DOJ Antitrust Division to Reverse Course in SEP Interventions

August.25.2021

In this Law360 article, partner Jay Jurata and associate Emily Luken call for the U.S. Justice Department’s antitrust division to reverse the past administration’s policy approach to applying competition law to disputes involving Standard Essential Patents (SEPs).

The article observes that DOJ’s “aggressive campaign” resulted in improper intervention in numerous court cases involving “disputes between private, highly sophisticated parties, and there was no government interest.” Jay, head of Orrick’s antitrust and competition practice, and Emily, an associate in the practice group, recommend that the current DOJ antitrust leadership withdraw from these court interventions.