Intellectual Property Antitrust

Perhaps one of the most difficult areas in antitrust counseling and litigation today is the intersection between intellectual property and antitrust. David Balto assisted in the development of the FTC/DOJ Intellectual Property Antitrust Guidelines in 1996. In his tenure at the FTC, he assisted in the litigation of numerous IP antitrust cases, including the Intel monopolization case and the Dell Computer standard setting case.

David Balto frequently counsels firms on patent assertion entities, standards setting, licensing, and patent pool issues. His brief in the Broadcom/Qualcomm case on behalf of American Antitrust Institute and the Consumer Federation of America was favorably cited by the Third Circuit in its decision.

White Papers

May 9, 2013 -- David Balto releases paper calling for increased vigilance and enforcement by the antitrust agencies to ensure that patent pools and similar collective pooling and IP licensing arrangements properly fulfill their procompetitive purposes for the benefit of licensors, licensees and consumers alike. View here.

April 5, 2013 -- David Balto offers public comments to the FTC and DOJ on patent assertion entities.  View here

Amicus Briefs


April 12, 2013 - As Congress and Enforcers Contemplate Patent Trolls, Don't Forget about Privateering, Huffington Post. (David Balto Stresses that Congress and regulators shouldn't forget about patent privateering).  

April 5, 2013 - Using the Full Powers of the FTC to Combat Patent Trolls, Patent Progress.  (David Balto argues the FTC should use its full panoply of powers to attack the patent troll problem).

April 1, 2013 - Actavis Case Shows Weak Patents Are System-Wide, Patent Progress. 

March 29, 2013 - Time for Transparency on Microsoft's Patent Troll Privateering, Economic Intelligence.

March 6, 2013 - Edith Ramirez is a Fantastic Choice for FTC Chairman, Patent Progress.

March 4, 2013 - Forging a SHIELD Against Patent Trolls, The Hill.

March 1, 2013 - When Patent Pools Attack: Competitive Concerns from the Devolution of MPEG LA, Patently-O.

February 7, 2013 - A History of Abuse, Patent Progress. 

January 4, 2013 - The FTC Google Settlement on Essential Patents Rewards Good Faith Bargaining, Huffington Post.