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Standard Essential Patent Disputes and Antitrust Law

Standard Essential Patent Disputes and Antitrust Law

Prepared Statement of Douglas Melamed
Chairman Klobuchar, Ranking Member Lee, and distinguished members of the Subcommittee, thank you for the opportunity to testify on behalf of Intel Corporation. I am particularly grateful for the Subcommittee’s interest in the role that antitrust law should play in the abuse of standard-essential patents (“SEPs”). The Subcommittee’s interest in this topic reflects its strong commitment to maintaining competitive markets and ensuring that public policy meets public need in the context of our innovation industries.

The issue before this Subcommittee is of enormous importance to the technology industry, a business sector in which the United States is an undisputed world leader. This industry’s ability to continue to innovate, create high-paying U.S. jobs, and give consumers better products at lower prices is now impeded—even threatened—by patent owners who commit to license their patents used in industry standards on fair, reasonable, and nondiscriminatory (“FRAND”) terms but then renege on those commitments once their patented technology is incorporated into the standard. In addressing the important antitrust issues presented by these patent abuses, I bring to bear not only the perspective of a general counsel of a leading technology company but also that of an antitrust lawyer who practiced in the private sector for nearly four decades and who was privileged to serve as the Acting Assistant Attorney General in charge of the Justice Department’s Antitrust Division and, before that, as the Principle Deputy Assistant Attorney General in the Antitrust Division.

Read the full Standard Essential Patent Disputes and Antitrust Law.

Standard Essential Patent Disputes and Antitrust Law

Prepared Statement of Douglas Melamed
Chairman Klobuchar, Ranking Member Lee, and distinguished members of the Subcommittee, thank you for the opportunity to testify on behalf of Intel Corporation. I am particularly grateful for the Subcommittee’s interest in the role that antitrust law should play in the abuse of standard-essential patents (“SEPs”). The Subcommittee’s interest in this topic reflects its strong commitment to maintaining competitive markets and ensuring that public policy meets public need in the context of our innovation industries.

The issue before this Subcommittee is of enormous importance to the technology industry, a business sector in which the United States is an undisputed world leader. This industry’s ability to continue to innovate, create high-paying U.S. jobs, and give consumers better products at lower prices is now impeded—even threatened—by patent owners who commit to license their patents used in industry standards on fair, reasonable, and nondiscriminatory (“FRAND”) terms but then renege on those commitments once their patented technology is incorporated into the standard. In addressing the important antitrust issues presented by these patent abuses, I bring to bear not only the perspective of a general counsel of a leading technology company but also that of an antitrust lawyer who practiced in the private sector for nearly four decades and who was privileged to serve as the Acting Assistant Attorney General in charge of the Justice Department’s Antitrust Division and, before that, as the Principle Deputy Assistant Attorney General in the Antitrust Division.

Read the full Standard Essential Patent Disputes and Antitrust Law.

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