Essential guidance for non-(standard) essential patent pools: DOJ’s UTLP business review letter

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DOJ recently issued its first Business Review Letter on a non-standard essential patent (SEP) pool. The Letter is a significant development for owners of non-SEP patents that intend to pool their patents with other licensors. It demonstrates that DOJ is willing to consider favorably proposed pools that apply existing SEP pool guidance to non-SEP settings, especially when licensors offer robust safeguards against including substitutable patents and a licensing structure that does not require full portfolio licensing.