Intellectual property transactions and litigation can raise antitrust and competition concerns where the acquisition, sale or enforcement of intellectual property rights might affect market power or lead to a restraint of trade. Sheppard Mullin advises some of the most forward thinking and innovative global clients in connection with the antitrust and competition issues that may have an impact on such transactions. We represent many clients in the technology industry on antitrust matters with respect to standard setting, SEP/FRAND, patent pooling, product distribution and licensing restraints, pricing practices, mergers and acquisitions, joint ventures and other competitor collaborations.
In addition to the wide range of computer and software businesses we represent, we have assisted healthcare, transportation, music, publishing, defense and utility companies in resolving complex problems pertaining to antitrust challenges. We have defended our clients against alleged liability resulting from unlawful patent prosecution and the tying of IP assets; price maintenance and resale distribution problems; antitrust claims associated with the inappropriate use of copyrights, patents and trademarks; and the failure to meet the requirements of licensing agreements. As noted, we defended Samsung in a widely reported multi-billion dollar antitrust and intellectual property litigation dispute with Rambus.