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 2025

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

McGuireWoods’ focussed experimentation and disciplined execution of AI tools is sharpening its IP practice
As Marshall Gerstein celebrates its 70-year anniversary, Jeffrey Sharp, managing partner, reflects on lessons that shaped both his career and the firm’s success
News of two pharma deals involving Novo Nordisk and GSK and a loss for Open AI were also among the top talking points
Howard Hogan, IP partner at Gibson Dunn, says AI deepfakes are driving lawyers to rethink how IP protects creativity and innovation
Vivien Chan joins us for our ‘Women in IP’ series to discuss gender bias in the legal profession and why the business model followed by law firms leaves little room for women leaders
Partner Jeremy Hertzog explains how his team worked through a huge amount of disclosure from Adidas and what victory means for the firm
Evarist Kameja and Hadija Juma at Bowmans explain why a new law in Tanzania marks a significant shift in IP enforcement
In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of IPNote, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, has taken action against Amazon on behalf of three VIA LA licensors
Gift this article