FTC/DOJ Hearings to Highlight the Intersection of Antitrust and Intellectual Property Law and Policy

Several Hearings to be Held in the Great Hall of the Department of Justice Main Building

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The Federal Trade Commission and the Department of Justice's Antitrust Division today announced topics, times and locations, and participants for upcoming April and May sessions of their joint hearings on "Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy." These sessions will continue the agencies' inquiry into the implications of competition and patent law and policy for innovation and other aspects of consumer welfare by focusing on a number of topics central to the intersection of antitrust and intellectual property law.

The sessions that will take place on April 17 and 18 and on May 1, 14, and 22 will be held in the Great Hall of the Department of Justice's Main Building, located at 950 Pennsylvania Avenue, N.W., Washington, D.C. The general public and press are invited to attend. However, for security purposes, notice of your intention to attend the hearings and your date of birth must be given to the Department at least 24 hours in advance of the hearing date. This information should be provided to Kathleen Leicht of the Antitrust Division via e-mail at kathleen.leicht@usdoj.gov, or telephone at (202) 514-7018. Interested persons will not be admitted to the Main Justice Building without advance notice.

Visitors must enter the Main Building at the 950 Pennsylvania Avenue entrance and are required to show two forms of identification, one of which must contain a photograph. Please allow sufficient time to permit getting through the security procedures. Seating will be on a first-come, first-served basis.

The sessions that will take place on May 2 and May 23 will be held at the Federal Trade Commission, Room 432. (Advance notice of intention to attend sessions held at the FTC is not required.)

Written comments from interested parties may be submitted to the FTC. Mail six copies of each submission to: Donald S. Clark, Office of the Secretary, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580 and e-mail an electronic copy of the submission to competitionandintellectualproperty@ftc.gov.

Available information for hearing sessions scheduled for April through May follows below.

 

April 17
(Great Hall, Department of Justice Main Building)

9:00 a.m. - 11:30 a.m.
and
1:00 p.m. - 4:30 p.m.

Patent Pools and Cross-Licensing: When Do They Promote or Harm Competition?

Robert Potter, Chief, Legal Policy Section, Antitrust Division--Opening Remarks
Garrard R. Beeney, Partner, Sullivan & Cromwell
Jeffery Fromm, Senior Managing Counsel, Hewlett-Packard Company
Baryn Futa, Manager and Chief Executive Officer, MPEG LA
Peter Grindley, Senior Managing Economist, LECG, Ltd, London
Christopher J. Kelly, Special Counsel, Litigation Department, Kaye Scholer LLP
James Kulbaski, Partner, Oblon Spivak McClelland Maier & Neustadt, P.C.
Josh Lerner, Jacob H. Schiff Professor of Investment Banking, Harvard Business School
David McGowan [Document 2], Associate Professor of Law, University of Minnesota School of Law
M. Howard Morse, Partner, Drinker, Biddle & Reath, LLP
Joshua Newberg, Assistant Professor, Robert H. Smith School of Business, University of Maryland
Jonathan Putnam, Assistant Professor of the Law and Economics of Intellectual Property, University of Toronto School of Law
Lawrence M. Sung [Document 2] [Document 3], Assistant Professor of Law, University of Maryland, Baltimore

April 18

Standard-Setting Practices: Competition, Innovation and Consumer Welfare
(Great Hall, Department of Justice Main Building)

9:00 a.m - 9:30 a.m.

Introduction

Mark Lemley, Professor of Law, Boalt Hall, University of California, Berkeley

9:30 a.m. - 12:30 p.m.

Intellectual Property Strategies in Standards Activities

Michael Antalics, Partner, O'Melveny & Myers, LLP
Carl Cargill, Director Corporate Standards, Sun Microsystems, Inc.
Donald R. Deutsch, Vice President, Standards Strategy and Architecture, Oracle Corp.
Ernest Gellhorn, Professor, George Mason University School of Law
Peter Grindley, Senior Managing Economist, LECG, Ltd, London
Mark Lemley, Professor of Law, Boalt Hall, University of California, Berkeley
Amy A. Marasco, Vice President and General Counsel, American National Standards Institute
Richard T. Rapp, President, National Economic Research Associates
David J. Teece, Mitsubishi Bank Professor of International Business and Finance, University of California, Berkeley
Dennis A. Yao, Associate Professor of Business and Public Policy and Management, The Wharton School, University of Pennsylvania

2:00 p.m. - 5:00 p.m.

Licensing Terms in Standards Activities

Stanley M. Besen, Vice President, Charles River Associates
Daniel J. Gifford, Robins, Kaplan, Miller & Ciresi Professor of Law, University of Minnesota School of Law
Richard Holleman, [Document 2] Industry Standards Consultant

Allen M. Lo, Director of Intellectual Property, Juniper Networks, Inc.
Mark R. Patterson, Associate Professor of Law, Fordham University School of Law
Scott K. Peterson, Corporate Counsel, Hewlett-Packard Company
Lauren J. Stiroh, Vice President, National Economic Research Associates
Daniel Swanson, Partner, Gibson, Dunn & Crutcher LLP
Andrew Updegrove [Document 2], Partner, Lucash, Gesmer & Updegrove LLP
Daniel Weitzner, Director of Technology and Society Activities, World Wide Web Consortium

May 1

(Great Hall, Department of Justice Main Building)

9:30 a.m. - 12:00 p.m.
and
1:30 p.m. to 4:00 p.m.

The Strategic Use of Licensing: Is There Cause for Concern about
Unilateral Refusals to Deal?

Ashish Arora, Associate Professor of Economics and Public Policy, Carnegie Mellon University
Jonathan Gleklen [Document 2], Partner, Arnold & Porter
Paul Kirsch, Partner, Townsend, Townsend and Crew LLP
Benjamin Klein, Professor of Economics, University of California, Los Angeles
Jeff MacKie-Mason, Arthur W. Burks Professor of Information and Computer Science and Professor Economics and Public Policy, University of Michigan
A. Douglas Melamed, Partner, Wilmer, Cutler & Pickering
Carl Shapiro, Transamerica Professor of Business Strategy and Professor of Economics, Haas School of Business, and Director, Institute of Business and Economic Research, University of California, Berkeley
Christopher J. Sprigman, Counsel, King & Spalding
Mark Whitener, Antitrust and General Counsel, General Electric
John Shepard Wiley Jr., Professor of Law, University of California, Los Angeles

May 2

A Competition View of Patent Settlements
(Federal Trade Commission, Room 432)

Participants in this session will explore the efficiencies and competitive concerns that patent settlements may generate in a variety of industries and factual settings.

May 14

Antitrust Analysis of Licensing Practices
(Great Hall, Department of Justice Main Building)

9:00 a.m. - 12:00 p.m. Antitrust Analysis of Specific Intellectual Property Licensing Practices

Participants in this session will analyze practices such as package licensing, grant back and methods of extending the life of intellectual property rights.

1:30 p.m. - 4:30 p.m. Practical Issues Encountered in Antitrust Analysis of Licensing Practices

Participants in this session will discuss what standards should be used to determine whether the licensed intellectual property right would have foreclosed the licensee from being an actual or likely potential competitor with the licensor in the absence of the license. (These sessions have been rescheduled. They were originally to occur on April 16, 2002.)

May 22

An International Comparative Law Perspective
on the Relationship Between Competition and Intellectual Property, Part I

(Great Hall, Department of Justice Main Building)

May 23

An International Comparative Law Perspective
on the Relationship Between Competition and Intellectual Property, Part II

(Federal Trade Commission, Room 432)

Participants in these sessions on May 22 and 23 will discuss competition law approaches that are presently in place or are under consideration in jurisdictions outside the United States.

Further information about these and subsequent hearings, expected to extend through June, will be posted on the Antitrust Division's Web site www.usdoj.gov/atr/hearing.htm and the FTC's Web site www.ftc.gov/opp/intellect/index.htm  as it becomes available

 

Contact Information

Media Contact:
Derick Rill FTC
Office of Public Affairs
202-326-2472
Staff Contact:
Susan DeSanti,
FTC Policy Planning Division
202-326-2167

Robin Moore,
FTC Policy Planning Division
202-326-3133