Unilateral Technology Suppression: Appropriate Antitrust and Patent Law Remedies

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This article reviews some of the antitrust and patent law remedies for improper unilateral suppression of technology and considers what the appropriate remedy under these laws should be, if any, in the particular context of the refusal both to use and to permit others to use patent rights. It concludes that there is little reason to change the current law: a patent holder that is the inventor or the employer of the inventor is free simply to withhold the patented technology from the marketplace, while a patent holder that acquired its know-how by acquisition, assignment, or license may be subject to antitrust challenge if it has accumulated market power along with the patent rights and withholds that technology from the marketplace in a manner that unreasonably restrains competition.

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Published In: Antitrust & Trade Regulation Updates, Intellectual Property Updates, Science, Computers & Technology 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.

© Yee Wah Chin, Ingram Yuzek Gainen Carroll & Bertolotti, LLP | Attorney Advertising

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