Technology Antitrust

We represent technology companies in government antitrust/competition investigations and handle civil antitrust litigation for both plaintiffs and defendants focusing on technology-related issues. We counsel clients on technology, patent, and antitrust compliance, ensuring they navigate the complex landscape of antitrust/competition regulations effectively. The group offers strategic legal advice, evaluating risks associated with technology and antitrust/competition litigation and investigations.

Our team asserts and defends monopolization claims in litigation, handling a wide range of cases involving patent licensing, standard-essential patents (SEPs), and FRAND issues. The group provides confidential advocacy before antitrust/competition agencies, assists with federal and state regulatory investigations, and offers robust defense strategies. We also counsel on pricing and licensing programs, helping our clients minimize risk effectively.

In collaboration with our corporate practice attorneys, we deliver comprehensive merger and acquisition and transactional guidance tailored specifically to high-tech markets and products. We offer assessments to identify potential antitrust/competition concerns in IP-driven or high-tech joint ventures, licensing arrangements, strategic alliances, and other business combinations. We provide guidance on structuring complex technology transactions to optimize outcomes, as well as transactional due diligence related to IP assets for joint ventures, mergers and acquisitions, and other transactions. We manage transactional notifications, secure clearance in jurisdictions globally, and represent clients in regulatory reviews and merger-enforcement actions within high-tech sectors or involving technology-based IP. We leverage our experience to ensure seamless and successful transactions within the evolving technology landscape.

With decades of experience, we have established an excellent track record in successfully defending patent licensors, shaping favorable legal precedent through hard-fought victories. We offer guidance on navigating complex IP licensing arrangements, including portfolio licensing, cross-licensing, and patent pools. The group provides defense of patent misuse claims and representation in investigations or disputes regarding whether bundled patents constitute impermissible tying, as well as disputes concerning the activities of patent pools, licensing platforms, and SSOs. Our attorneys also offer strategic counseling regarding antitrust risks associated with R&D collaborations and efficient management of package licensing of multiple separate technologies. 

We offer comprehensive counseling related to industry standard-setting and certification bodies and their activities. Our range of services includes assistance with data collection and reporting programs; guidance on effective strategies to address assertions of declared SEPs, including negotiating licenses and other resolutions; and trade association counseling and compliance. The group represents clients in government enforcement actions regarding SEP portfolios and handles disputes relating to FRAND or RAND licensing term requirements.