The Federal Trade Commission (FTC) is currently seeking to enhance its access to settlements of actions before the Patent Trial and Appeal Board, according to an article by Shannon McGowan and David Munkittrick of Proskauer. As part of a broader effort to scrutinize potential antitrust issues within the realm of intellectual property, the FTC’s initiative could have far-reaching implications for companies involved in patent disputes.
McGowan and Munkittrick suggest that settling parties should adopt several practice tips to navigate this evolving landscape. Notably, they advise specifying clear rationales to justify the terms of settlements. This move would aim to preemptively address any regulatory concerns that the FTC might raise.
For further details on the FTC’s attempts and potential implications for your practice, you can read more in the original article available here.