Department of Justice business review letters applicable to IPR in standards setting; conduct of standards setting and Association management programs
What is a DOJ Business Review Letter and how does the process work?
GTW gratefully acknowledges the work of DOJ staff Janie Ingalls in assembling and providing to GTW the relevant original requests for the business review letter; the press releases and the formal DOJ letters. These documents have been scanned and loaded to this site
| Date | Number |
Recipient |
Topic |
| October 21, 2008 | 08-4 | RFID Consortium LLC |
"The proposed patent-licensing arrangement has the potential to speed up the commercialization of UHF RFID technology, to the benefit of competition and consumers, without harming competition or impeding innovation," said Barnett. Under the consortium's proposal, an independent licensing agent will offer nonexclusive licenses to the consortium's portfolio of essential UHF RFID patents on reasonable and nondiscriminatory terms. An independent expert reviews the patents to ensure that the portfolio does not combine patents that would otherwise compete with each other. The owners of the patents will retain the rights to license their patents independently. In addition, the consortium intends to implement a number of safeguards that appear reasonably tailored to minimize the risk of restricting competition between producers of UHF RFID products and the dampening of incentives to innovate |
| April 30, 2007 | 07 - 02 | IEEE
Standards Association
|
IEEE requested a business review letter from
the Antitrust Division expressing its enforcement
intentions regarding a proposed patent policy that will
give holders of patents essential to IEEE standards the
option of publicly committing to the most restrictive
licensing terms they would offer
The policy will allow patent holders to commit publicly to specific restrictions on their future licensing terms and conditions for the use of patents that are essential to IEEE standards. The Department said that the proposed policy may enable IEEE to make better informed decisions when formulating standards that will benefit consumers. |
| October 30, 2006 | 06 - 05 | VMEbus
International Trade Association (VITA)
Original Request June 15, 2006
|
proposed patent policy that requires that patent holders make early disclosures of patents and patent applications that may be essential and requires that patent holders declare the maximum royalty rate and most restrictive non-price licensing terms they will require from those who must take a patent license in order to implement the eventual VITA standard. |
| August 10, 2006 | 06 - 04 | American Trucking Association | proposal the American Trucking Associations, Inc. ("ATA"), to develop and publicize model agreements between motor carriers and freight transportation brokers |
| June 19, 2006 | 06 - 02 | Fair Factories Clearinghouse | proposal to operate a database that member companies can use to collect and voluntarily share information about workplace conditions in manufacturing facilities around the globe ("the FFC initiative"). |
| February 2, 2006 | 06-01 | American Peanut Shellers Association ("APSA") | the grade standards, which have been in effect since at least 1989, appear to be used only as base standards, whereas buyers of shelled peanuts frequently apply their own standards. Finally, because use of the Trading Rules and Grade Standards is voluntary, buyers and sellers of peanuts will remain free to compete by using their own contract terms and standards for peanuts instead of those in the APSA Trading Rules and Grade Standards |
|
November 12, 2002 |
02-06 |
proposed evaluation and licensing regime, called the 3G Patent Platform for Third Generation Mobile Communication Systems | |
| October 7, 2002 |
02-05 |
American Welding Society ("the Society") | standard that includes specifications for assuring the interoperability of the various devices that make up a robotic welding cell |
| December 12, 2001 | 01-09 | uniform product ordering formats for products sold to non-profit organizations | |
| April 7, 2000 | 00-6 | workplace standards and a means of compliance monitoring that would be used to inform and assure U.S. consumers that compliant footwear and apparel have been made under decent and humane conditions | |
| June 14, 1999 |
99-3 |
Western Systems Coordinating Council | mandatory electrical system reliability system, including sanctions |
| June 10, 1999 | 99-2 | package license of' patents that are "essential" to manufacturing products in compliance with the DVD-ROM and DVD-Video Standard Specifications | |
| December 16, 1998 | 98-11 | Digital Versatile Discs Patent Licensing | assemble and offer a package license under the patents of Philips, Sony and Pioneer (collectively, the "Licensors") that are "essential" to manufacturing Digital Versatile Discs ("DVDs") |
| May 30, 1997 | 98-B | The National Elevator Industry, Inc. | development of a more comprehensive escalator safety performance standard than the current American Society of Mechanical Engineers ("ASME") escalator standard, ASME A.17.1 |
| June 26, 1997 | 98-C | Video Information Patent Licensing | assemble and offer a package license under the patents of the Licensors that are "essential" to compliance with the video and/or systems parts of the MPEG-2 standard |
| October 31, 1996 | 98-A | Apparel Industry Partnership | discuss and decide how to develop standards to be used to inform and assure U.S. consumers that products have been made under decent and humane conditions |
| Feb 3, 1998 | 98-3 | Interactive
Travel Services Association |
1) identification and discussion of common industry practices; (2) promotion of consumer protection; (3) education of consumers as to the features and benefits of on-line travel services; (4) education of travel suppliers re the same; (5) presentation of industry views to governmental bodies; (6) serving as an information clearinghouse; and (7) conducting market research. |
| July 30, 1997 | 97-12 | Post-Tensioning Institute | mandatory member compliance with program for plant certification |
| June 14, 1996 | 96-13 | Transportation Claims and Prevention Council, Inc | Shippers' Bill and Common Carrier Rate Agreement that would include all of the governing rates and terms within the document itself |
| September 29, 1995 | 95-14 | Metal Building Manufacturers Association | certification under the American Institute of Steel Construction (AISC) Metal Building Certification Program a condition of MBMA membership |
| January 25, 1994 | 94-2 | Association of Independent Television Stations | voluntary guidelines and viewer advisories to address television violence |
| December 12, 1993 | 93-21 | The Newspaper Association of America | establish a national newspaper network to sell advertising space to national advertisers |
| November 23, 1993 | 93-19 | American Society of Travel Agents | establish Supplier Communication Guidelines |
| November 12, 1993 | 93-17 | Household Goods Forwarders Association of America | regulate membership by excluding firms that have a poor credit history |
| October 13, 1993 | 93-14 | The Health & Personal Care Distribution | data exchange program among its members regarding the transportation and distribution costs of its members' goods sold to wholesale and retail customers |
| October 1, 1993 | 93-13 | Pharmaceutical Manufacturers Association | limit the annual increase in the average change in the prices of prescription drug products |
| December 31, 1992 | 92-9 | Southeastern Peanut Association | shipping and delivery instructions; sampling methods and abitration; standards for various categories of unshelled peanuts and certain chemical testing |
| October 22, 1992 | 92-6 | Association of Ship Brokers and Agents (GSA) Inc. | provide oil companies with market based rate estimates |
| June 19, 1990 | 90-2 | Illinois State Bar Association | model standard real estate contract for use in residential real estate transactions in Illinois |
| July 21, 1989 |
89-6 |
Reinsurance Hazardous Waste Study Group | model environmental claims form |
| May 11, 1989 | 89-5 | Southeastern Peanut Association | general contract terms; standards for various peanut grades; shipping instructions, methods for resolving weight discrepancies, methods of sampling and handling |
| February 28, 1989 | 89-2 | Polyisocyanurate Insulation Manufacturers | foam research and development committee to engage in plant scale applications testing of possible substitutes for CFCs in manufacture of polyisocyanurate foam insulation |
| January 18, 1989 | 89-1 | Illinois State Bar Association | model standard real estate contract for use in residential real estate transactions in Illinois |
| November 16, 1988 | 88-11 | American Steamship Owners Mutual Protection | proposal to join an International Group and become a party to the International Group Agreement in order to reduce its members' cost of insurance |
| September 8, 1998 | 88-10 | Georgia Bankers Association | information exchange for banks. savings and loan institutions and credit unions in Georgia |
| June 17, 1988 | 88-7 | FRA Shippers Association | service contracts and other volume discount freight rates for the ocean transportation of footwear, handbags, luggage and apparel from foreign countries to the US |
| April 25, 1988 | 88-6 | American Society of Travel Agents | requirements for a new tour operator category of associate membership |
| January 28, 1987 | 87-1 | National Association of Shippers Agents | uniform Storage and Detention code applying to railroad owned truck trailers |
| October 31, 1986 | 86-15 | Transportation Resources | TRIF 100 standard form contractual provisions for motor carrier brokers |
| June 6, 1986 | 86-9 | American Institute of Architects | code of Ethics including canons, ethical standards and rules of conduct |
| January 27, 1986 | 86-2 | American Society of Travel Agents | membership criteria that a Travel school would have to meet in order to be admitted as a member |
| January 6, 1986 | 86-1 | Data Processing Services Organization | voluntary industry standards for a hardware based software protection systems |
| October 10, 1985 | 85-23 | Manufactured Housing Institute | Truth in invoicing practices information manufacturers of mobile homes should include in their sales invoice statement |
| July 8, 1985 | 85-13 | Machinery Dealers National Association | obtaining voluntary contributions from trucking companies which carry association members' products |
| April 1, 1985 | 85-7 | Agrico Chemicals Co Amax Chemical | committee of participating producers with goal of increasing world wide demand for phosphate fertilizer products |
| December 20, 1984 | 84-19 | Airlines Reporting Corporation | accreditation program for travel agents and Area Settlement Plan central clearinghouse for agents to report and settle airline ticket sales |
| December 14, 1984 | 84-17 | American Short Line Railroad Association | negotiating joint-line railroad rates with directly connecting railroads that participate in an interline movement |
| October 12, 1984 | 84-14 | Direct Broadcast Satellite Association | standards committee for the purpose of formulating and recommending voluntary technical standards for the provision of direct broadcast satellite service |
| September 5, 1984 | 84-13 | Amusement & Music Operators Association | proposed legislation concerning royalties between representatives of the jukebox industry and representatives of music copyright owners |
| August 23, 1984 | 84-11 | Consulting Engineers Council of Metropolitan DC | provision in code of ethics stating it is unethical for council members to submit a deceptively low bid |
| July 11, 1984 | 84-10 | Tri-State Investment Foundation | facilitate loans from member funds for constructions projects in the Cincinnati area |
| January 24, 1984 | 84-1 | National LP Gas Association | promote the use of propane as an automobile fuel through national advertising |
| September 21, 1983 | 83-18 | Center for Advanced TV Services | promote exclusively basic as opposed to applied research in sophisticated television sciences |
| August 26, 1983 | 83-15 | Consulting Engineers Council of Metropolitan DC | actions purportedly to prevent members from submitting deceptively low bids to clients raise serious antitrust concerns |
| 83-6 | |||
| February 19, 1982 | 82-6 | Maryland Health Care Association | identify problems or discrepancies in hospital utilization that might be corrected through changes in health benefits packages |
| January 13, 1982 | 82-2 | Transportation Association of America | transportation trade show where one to one meetings between numerous freight carriers and shippers can occur |
| January 8, 1982 | 82-1 | Specialty Equipment Market Association | penalize members for conduct SEMA deems not to be in the interests of the association |
| May 1, 1981 | 81-6 | Hawaii Trucking Association | join with other businesses in seeking damages from a water common carrier for delays in loading and unloading at terminal facilities |
| March 21, 1985 | 81-5 | New York State Association of Service Stations | establishment of a buying cooperative |
| December 15, 1980 | 80-27 | National Electrical Contractors Association | take certain group action with respect to contract terms |
| 80-24 | Associated Builders and Contractors | ||
| October 31, 1980 | 80-22 | Johnson & Johnson | disseminate point of sale warnings to retailers regarding the suspected association between the use of tampons and the newly-discovered disease of toxic shock syndrome |
| August 1, 1980 | 80-15 | Outdoor Power Equipment Institute | voluntary noise level disclosure program |
| July 3, 1980 | 80-14 | American Land Development Association | standards of conduct and disclosure for members dealing in condominium time-sharing rights |
| May 23, 1980 | 80-9 | Mechanics Lien Institute | establish a mechanics lien program to preserve and enforce such lien rights |
| July 3, 1979 | 79-11 | American Association of Ophthalmology | gather information on the public's perception of eye care services and to disseminate the information to its members |
| June 27, 1979 | 79-10 | Mortgage Backed Securities Dealers Association | self regulatory proposal to address abuses by establishing standards of fair practice |
| May 8, 1979 | 79-8 | National Association of Marine Services | conditions of goods by ship suppliers to ship ownders |
| January 29, 1979 | 79-2 | Uranium Institute | membership and participation in the Uranium Institute by US producers and consumers of uranium |
| December 8, 1978 | 78-25 | American Society of Magazine Photographers | survey of trade practices in photography |
| November 13, 1978 | 78-23 | World Nuclear Fuel Market | reporting uranium price information |
| October 30, 1978 | 78-21 | National Audio Visual Association | certified media specialist program |
| September 5, 1978 | 78-18 | Asiatic Petroleum Corporation | International Convention for the prevention of pollution from ships International chamber's voluntary pollution prevention code |
| August 4, 1978 | 78-16 | Electronics Industry Association (US Department of Commerce) | international certification system for electronic components |
| June 12, 1978 | 78-15 | American Hospital Association | voluntary cost containment program |
| April 16, 1978 | 78-11 | National Soft Drink Association | voluntary guidelines for use of metric sized containers in the soft drink industry |
| January 25, 1978 | 78-3 | Insurance Institute for Research | communication requirements between insurance agents and companies and standards for a data communication network that would permit independent agents to communicate with all participating insurance companies |
| November 14, 1977 | 77-24 | International Association of Independent Tanker Owners | discuss accelerated scrapping of old tankers described as notorious polluters |
| September 21, 1977 | 77-22 | Baltimore Association of Minority Contractors | give minority contractors 10% of the subcontracting business on certain publicly financed projects |
| September 1, 1977 | 77-19 | Association of American Publishers | copyright clearance center to receive copyright license fees from libraries and others that reproduce journal articles |
| August 29, 1977 | 77-18 | New York State Bankers Association | voluntary consumer mortgage review committee |
| July 26, 1977 | 77-17 | New Jersey Trade Waste Association | help members obtain performance bonds necessary for their work |
| July 21, 1977 | 77-14 | Sporting Goods Manufacturers Association | acquire trademarks of various amateur baseball and softball leagues and then sublicense these trade marks to equipment manufacturers |
| March 2, 1977 | 77-2 | International Chiropractors Association | peer review system to act as mediators in disputes between third party reimbursement organizations and chiropractors |
| April 13, 1976 | 76-10 | Texas Association of Realtors | adopt the affirmative action agreement for voluntary use by Boards of realtors recommended by the National association of Realtors |
| October 31, 1975 | 75-18 | American Life Insurance Association | invest in an experimental program by a private foundation to promote medical units around the country to provide outpatient care |
| August 4, 1975 | 75-13 | Greater Hartford Board of Realtors | voluntary compliance agreement and affirmative action plan |
| July 31, 1975 | 75-12 | National Audio Visual Association | share information on delinquent accounts |
| June 25, 1974 | 74-10 | National Electrical Contractors Association | plan for an electrical manufacturers survey |
| May 20, 1974 | 74-7 | American Speech and Hearing Association | amend code of ethics to permit dispensing of hearing aids by audioligists |
| January 31, 1974 | 74-4 | Non Theatrical Film Distributors Association | plan for exchange of credit information among members |
| January 12, 1973 | 73-1 | code of employment practices for temporary industrial services and related compliance procedures | |
| August 7, 1972 | 72-15 | Illinois Hospital Association | health facilities rate review corporation |
| March 16, 1971 | 71-5 | Common Carrier Conference | experimental interline program consisting of an agreement and experiment interline procedure for less than truckload general freight |
| August 5, 1970 | 70-12 | National Furniture Traffic Conference | publish and distribute a list of those furniture carriers which continue to pay the full amount of concealed loss and damage claims |
| June 18, 1970 | 70-10 | Rubber Manufacturers Association | plan for reorganizationa with the National Rubber shippers association |
| March 16, 1971 | 70-8 | RTE ASEA | joint venture |
| February 26, 1970 | 70-4 | Middle Atlantic Insulation Contractors | changes in bylaws |
| 1970 | 70-1 | Electronics Industries Association | safety standards for manufacturers of television sets |
| December 9, 1969 | 69-12 | St Croix Hotel Association | contract to grant a bonus per guest depending upon the number of guests a tour operator produces |
| November 29, 1068 | 68-20 | Toilet Goods Association | Voluntary Standard for Toothpaste package sizes |
| October 1, 1968 | 68-17 | Washington Board of Realtors | statement of principles to govern members conduct in real estate transactions |
| February 2, 1968 | 68-3 | American National Cattlemen's Association | Feedlot Information Service exchange of beef cattle marketing information |