Compliance and Business Strategy
Our team provides extensive counseling and advice to clients on antitrust issues involved in the licensing of intellectual property, as well as with classic antitrust issues associated with the pricing, distribution, and advertising of products. We have provided significant assistance to our clients in a wide variety of circumstances, including:
- IP licensing: We have counseled many companies in the pharmaceutical, medical device, software and hardware industries on their IP licensing practices, including how to bundle licenses with services, cross-license IP to competitors, and enter into exclusive IP licensing arrangements. For example, we have counseled biotech companies on the tying of reagents to patent licenses for such reagents; pharmaceutical companies on the tying of diagnostic equipment to drugs; and software companies on the tying of operating systems to applications.
Our clients are at the leading edge of such licensing practices. They work with our attorneys in the antitrust practice, as well as with the firm's technology transactions practice, the largest business counseling/licensing practice in the country.
- Standard setting and patent pooling: We have counseled both clients who are forming standard-setting bodies and clients who are participating in such institutions. We recently have advised companies on their IP disclosure obligations to standard-setting organizations that they have contemplated entering, and have set up the bylaws for some of the more significant organizations in which our clients participate.
We also represent companies seeking to collaborate to facilitate the wide adoption of new technologies through patent-pooling arrangements. We have counseled clients on how to structure the arrangement, appoint neutral experts to evaluate the necessity of adding patents to the pool, and set appropriate royalty rates, in light of the complex antitrust rules that govern this practice.
- Pricing and distribution: We regularly assist our clients with the adoption of new pricing, distribution, and advertising policies. We have advised clients on pricing and commercial strategies (including establishing resale pricing programs); on structuring distribution, licensing, and supply agreements (including the termination of distributors and suppliers); and on establishing and maintaining antitrust compliance procedures (including for Sarbanes-Oxley purposes).