Posts Tagged: "Koren Wong-Ervin"

IP Holds Lessons for Antitrust Law; No Monopoly on Patent Appeals the Way to Go

In November, the UIC John Marshall Law School held their 63rd Annual Intellectual Property Conference in Chicago, IL.  The program consisted of four plenary sessions and nine breakout sessions covering artificial intelligence, patents, copyrights, trademarks, trade secrets, antitrust, and in-house counsel, as well as IT and privacy developments.  Speakers came from China, Europe, and the Middle East, and represented government, industry, academia, nonprofits, and practice. IPWatchdog’s Editor-In-Chief, Eileen McDermott was there. The program kicked off with a keynote address the Honorable Chief Judge Diane Wood of the U.S. Court of Appeals for the Seventh Circuit.  Titled “Antitrust & IP: Does It Need to Be Retooled?”, Chief Judge Wood spoke about the need for procedural and substantive reform. She began by observing that “[t]he general rule has been for many years — and I think this is entirely correct — that intellectual property is property.” She noted that this approach has been encapsulated in the Department of Justice and the Federal Trade Commission’s Guidelines for the Licensing of Intellectual Property, and that “the fundamentals of antitrust analysis are the same, although the answers may be a little different.” Citing standard essential patents as an example, she said that “there may be some real synergies back and forth between the IP field and the antitrust field that would be well worth exploring,” in particular when considering how antitrust law should approach access issues involving digital platforms, as what is sought is “FRAND-type access to these platforms. ”