Hot Topics In Intellectual Property And Antitrust Law

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Overview of Presentation:

The Antitrust / IP interface

• Observers have long noted a perceived tension between antitrust and IP law

• IP law aims to create legally sanctioned zones of exclusivity

• It encourages, ex ante, R&D by providing, ex post, innovators with supra-competitive returns for their innovations

• Antitrust law, on the other hand, seeks to facilitate the operation of competitive markets Antitrust law does so by putting limits on the exercise of market power to exclude rivals or stifle competition

• The perceived tension has probably been overstated. Both antitrust and IP law pursue the same long-term goals: innovation and consumer welfare

• Nevertheless, it’s important to calibrate the two doctrines, because antitrust tends to focus in the short-run on competition and consumer welfare, while IP law tends to focus on innovation

• That calibration has resulted in a number of recent decisions and developments

- Hot Topic Areas:

• Patent Assertion Entities (“PAEs”), a.k.a. patent “trolls” or non-practicing entities

• Standard-Essential Patents (“SEPs”)

• Strategic refusals to license

• Excessive royalties (royalties after patent term)

Please see full presentation below for more information.

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Topics:  Antitrust Litigation, Competition, Intellectual Property Litigation, Patent Litigation, Patents

Published In: Antitrust & Trade Regulation Updates, General Business Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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