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

With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Leaders at IP boutique say the decision to pursue sponsorless partnership with the specialised investment arm of a private equity firm comes at a time of ‘profound transformation’ in the profession
Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Gift this article