Setting the Standard for Product Innovation

In their Antitrust Trade and Practice column, Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, write: The antitrust agencies have a long history of attempting to use their enforcement authority to police the licensing of standard essential patents (with varying degrees of success). However, their latest attempts raise serious questions about how companies whose patents have been incorporated into industry standards will be allowed to enforce their intellectual property rights in the future.

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