Exclusive: Lindsey Graham was 'concerned' by Avanci patent pool

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Exclusive: Lindsey Graham was 'concerned' by Avanci patent pool

Lindsey Graham, former chair of the Senate Judiciary Committee

In a letter revealed to MIP, the former judiciary committee chair said he was concerned that the business review letter for the Avanci 5G pool 'was unnecessary'

Senator Lindsey Graham expressed concerns over the Avanci 5G patent pool in a letter to the Department of Justice shortly after the platform was launched in July 2020, it emerged this week as part of a freedom of information request made by Managing IP last year.

According to a letter sent to now-former attorney general William Barr and then-antitrust head Makan Delrahim, the now-ranking member of the Senate Judiciary Committee (and former committee chair) Graham said he was also concerned that the antitrust division’s actions “were unnecessary”.

“Given the issuance of a business review letter is entirely discretionary, I am concerned that the division’s actions here were unnecessary,” he said. “The division’s intervention may cause significant disruption in an already difficult time, negatively impacting the American economy, jobs, and innovation.”

Graham's letter was addressing the business review letter that the DoJ had published on July 28 2020 approving the Avanci 5G platform, a standard essential patent (SEP) licensing pool designed to bring together 5G patent owners and car makers. The pool was launched the day after, on July 29.

Related stories

The letter by Graham, sent a month later on August 17 and co-signed by fellow South Carolina senator Tim Scott, was issued in response to “substantial concerns from several large automotive suppliers and manufacturers in South Carolina”.

It cited a letter sent by the Alliance of Automotive Innovators on May 28, before the Avanci business review letter was issued, which said that DoJ support for the pool “would likely harm American competitiveness, innovation and job creation in the automotive sector”.

Graham's letter illustrates divisions between the top-ranking Republican in the judiciary committee, who has a big say on the development of intellectual property law in the Senate, and the former antitrust chief at the DoJ, Delrahim, on his IP and SEP policies as they affected the automotive industry. 

The matter of SEP licensing between 4G and 5G patent owners and car makers, and the Avanci 5G patent pool by extension, is a controversial one. There are several cases ongoing in the US and in Europe over end-point versus component-level licensing in the industry. 

In October 2020 Managing IP interviewed Delrahim (who stepped down in January), in which he said he was proud of the business review letters his department had issued, including those related to the Avanci 5G patent pool.

Drugs

more from across site and SHARED ros bottom lb

More from across our site

There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
Gift this article