Antitrust and Intellectual Property Intersection

“Very good knowledge of how the antitrust agencies are currently approaching issues and what arguments will resonate the most with them.”

The Legal 500 U.S. 2023

Baker Botts’ Antitrust and Competition Law lawyers have substantial experience representing clients in investigations, litigation and counseling related to the intersection between intellectual property and antitrust laws, including Standard Essential Patents.

We understand the strategic importance of intellectual property assets and help companies take antitrust considerations into account when acquiring, protecting, managing, licensing, and monetizing valuable proprietary technology and related IP assets. Our antitrust experience and longstanding position at the forefront of antitrust/IP policy developments in Europe and the United States provide us with deep insight into agencies’ enforcement theories and priorities.

Working seamlessly with our top-notch Intellectual Property team, we handle the full spectrum of antitrust matters involving intellectual property including:

Horizonal and vertical licensing arrangements Cross-licensing and patent pooling arrangements Tying and bundling arrangements
Patent settlements Grantbacks Standard Essential Patents and Standards Group Participation