Deputy Assistant Attorney General Gerald F. Masoudi Delivers Remarks at the Annual Comprehensive Conference On Standards Bodies and Patent Pools

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Deputy Assistant Attorney General Gerald F. Masoudi Delivers Remarks at the Annual Comprehensive Conference On Standards Bodies and Patent Pools

DEPUTY ASSISTANT ATTORNEY GENERAL MASOUDI DELIVERS REMARKS AT THE ANNUAL COMPREHENSIVE CONFERENCE ON STANDARDS BODIES AND PATENT POOLS, ARLINGTON, VIRGINIA, AS RELEASED BY THE DEPARTMENT OF JUSTICE

OCTOBER 11, 2007

SPEAKER: DEPUTY ASSISTANT ATTORNEY GENERAL GERALD F. MASOUDI

[*] MASOUDI: The topic about which I have been asked to speak today -- the interplay among standardization, intellectual property licensing, and the antitrust laws -- is a familiar one to this audience. I am sure that you are already aware of major recent developments such as the IP2 Report(1) and the Department of Justice VITA and IEEE business review letters,(2) and you may know that I have published remarks on these issues twice before.(3) In addition, Kenneth Glazer of the Federal Trade Commission and the Department's Special Counsel for Intellectual Property, Frances Marshall, are scheduled to speak later today regarding some of the specifics of these developments. What I plan to do, therefore, is touch only briefly on these developments themselves, and devote the bulk of my remarks to explaining how these developments fit within the larger enforcement philosophy of the U.S. antitrust agencies and the development of U.S. antitrust law generally.

Antitrust analysis in the U.S. emphasizes liability tests and remedies that are objective, as opposed to subjective, and ex ante in focus, versus ex post. In addition, U.S. law establishes stru...

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