Antitrust & Intellectual Property

Orrick’s Antitrust and Competition Group is often called upon to guide clients through the challenging antitrust and competition issues that arise in obtaining, licensing and protecting intellectual property rights. We help owners of IP rights realize the value of their innovation, while guiding them through the minefield of licensing practices that can create antitrust or competition problems, or provide the basis for a patent misuse defense in an infringement action.

Our antitrust and competition lawyers work with Orrick’s intellectual property lawyers in developing license agreements, including agreements to settle patent infringement litigation. We advise to companies that participate in standard-setting organizations, and we have substantial experience litigating issues at the intersection of antitrust and intellectual property, including antitrust counterclaims asserted in response to patent infringement claims.

Antitrust and Competition and IP Counseling Services:

  • Royalty structures
  • Licensing terms and restraints
  • Cross-licenses
  • Patent pools
  • Standard setting
  • Patent misuse