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The New Madison Approach to Antitrust and Patent Licensing: A Property Rights and Innovation Perspective

BY | July 27, 2021

In 2018, Assistant Attorney General for Antitrust Makan Delrahim proposed a legal framework that rejects antitrust as a tool to resolve patent licensing disputes between holders of patents that cover…

In 2018, Assistant Attorney General for Antitrust Makan Delrahim proposed a legal framework that rejects antitrust as a tool to resolve patent licensing disputes between holders of patents that cover standardized technologies (“standard essential patents” or SEPs) and producers that seek to use those technologies. Critics of this “New Madison Approach” assert that SEP holders’ violations of licensing commitments made to standard setting bodies allow them to harm competition by “holdi

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