Antitrust and Patent Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 March 2016
- ISBN 9780198728979
- Binding Hardback
- No. of pages528 pages
- Size 247x186x33 mm
- Weight 1062 g
- Language English 0
Categories
Short description:
An invaluable practitioner guide to the interface between antitrust and intellectual property, examining the law in both the United States and the European Union.
MoreLong description:
Patents lie at the heart of modern competition policy. In the new economy, firms use them variously to protect their R&D, to bolster their market positions, and to exclude rivals. Antitrust enforcers thus scrutinize patentees to ensure that they do not use their intellectual-property rights to suppress competition. Today's antitrust lawyers must therefore navigate intellectual-property issues and advise clients on the procurement and assertion of patents. It is no easy task. In granting exclusive rights, patents have an uneasy relationship with competition law, which struggles in turn to apply policies developed in bricks and mortar industries to the world of technology.
This book explores the acquisition and use of patents under the law of the world's two most important antitrust regimes: the United States and the European Union. It examines antitrust rules governing technology transfer, standard-essential technologies, patent aggregation, open and closed systems, coercive licensing terms that amount to misuse, evergreening tactics in the pharmaceutical industry like 'paying for delay', and patentee immunity in suing for infringement. To contextualize that analysis, the book explores the theoretical relationship between patents and competition law, addresses the U.S. 'patent crisis', the move towards unitary patents in Europe, and differences between the US and EU competition regimes. Further, the book explores idiosyncrasies governing the core antitrust questions of market definition, market power, and anticompetitive conduct in the patent setting. In doing so, the book allows those who practice, enforce, teach, or study competition law to understand the subtleties of this fascinating subject.
Table of Contents:
Part I: Introduction and Recent Developments
Chapter 1: Antitrust and Patent Law
Introduction
Issues at the Patent-Competition Law Intersection
Scrutinizing Patentee Conduct: An Antitrust Challenge
A Roadmap for the Book
Chapter 2: Important Developments in Antitrust-Patent Law
Actavis Rewrites US Antitrust & Patent Law
EU Law on Reverse Payments
The CJEU Limits Strategic Manipulation of the Patent System in AstraZeneca, But Retreats from an Effects-Based Approach
The CJEU Reigns In By Object Analysis in Cartes Bancaires
The Strategic Use of Standard-Essential Patents
Antitrust Issues Surrounding Patent-Assertion Entities
Part II: The Patent and Antitrust Laws of Europe and America
Chapter 3: The Patent Crisis and its Antitrust Implications
Introduction
The Patent Systems Economic Function
The US Patent System
Patent Law in Europe
Conclusion: How the Patent Crisis Implicates Competition Policy
Chapter 4: How the EU and US Antitrust Regimes Differ
Introduction
The Different Traits, Goals, and Policies of EU and US Antitrust Law
How EU and US Competition Laws Diverge
Firms Enjoy Less Procedural Protections in Europe
Part III: Understanding the Patent-Competition Law Interface
Chapter 5: The Relationship between Patent and Antitrust Law
Evolving Views of the Patent-Competition Law Intersection
The Scope-of-the-Patent Theory Takes Hold
Dissecting the Antitrust-IP Interface and the Scope-of-the-Patent Test
Conclusion: Rethinking the Patent-Antitrust Relationship
Part IV: Special Issues in Technology Markets
Chapter 6: Market Definition, Monopoly Power, and Patented Technology
Introduction
Market Definition under US Law
The Relevant Market under EU Law
Patented Technology and Market Definition
Market Power under US and EU Law
When Does a Patent Lawfully Subsume Monopoly Power?
Chapter 7: Antitrust Issues Surrounding Open and Closed Systems
Overview
When Should Antitrust Open Up Closed Networks?
US Law Requires a Firm to Open a System Only in Exceptional Cases
EU Law Requires Dominant Firms to Open a System When Viable Competition Requires It
Chapter 8: The Noerr-Pennington Doctrine
Introduction
Noerr-Pennington Immunity Before the Supreme Court
The Lower Courts Shape Noerr-Pennington
Antitrust Immunity for Filing Suit in Europe
Part V: Patent Hold-Up and Misuse
Chapter 9: Manipulation of the Standard-Setting Process
Introduction
Standard-Setting Hold-Up
US Antitrust Limits on SEPs
Antitrust Limits on SEP Assertion in the European Union
Conclusion
Chapter 10: Targeted Patent Aggregation
Introduction
Anticompetitive Patent Acquisitions by Operating Companies
Patent Aggregation by Patent-Assertion Entities
Patent Acquisitions under EU Competition Law
Chapter 11: Patent Misuse
Introduction
The Rules of Patent Misuse
Conclusion
Part VI: Agreements Concerning Patented Technology
Chapter 12: Technology Transfer
Introduction
US Antitrust Rules on Patent Licensing
Technology Transfer under EU Competition Law
Chapter 13: Exclusionary Agreements in the Biopharmaceutical Industry
The Economic Effects of Reverse-Exclusionary Payments
Pay-for-Delay Agreements under US Law
Reverse-Exclusionary Agreements under EU Law
Conclusion
Chapter 14: Closing Thoughts
