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Wednesday, August 5, 2020 | History

1 edition of Current antitrust problems in acquiring and licensing patents, trademarks and technology II. found in the catalog.

Current antitrust problems in acquiring and licensing patents, trademarks and technology II.

Current antitrust problems in acquiring and licensing patents, trademarks and technology II.

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  • 19 Currently reading

Published by Practising Law Institute in New York .
Written in English

    Subjects:
  • Patent licenses -- United States.,
  • Trademark licenses -- United States.

  • Edition Notes

    StatementJerrold G. Van Cise, chairman.
    SeriesCorporate law and practice course handbook series -- 41
    ContributionsVan Cise, Jerrold G., Practising Law Institute.
    Classifications
    LC ClassificationsKF 3145 C96 1970
    The Physical Object
    Pagination112 p.
    Number of Pages112
    ID Numbers
    Open LibraryOL17249159M

    II. [] INTRODUCTION TO PATENT ANTITRUST There is perhaps no more unique, confusing, and interesting area of the law than the interplay between patent and antitrust laws. A patent is a constitutionally mandated right to exclude others from making, using, selling, offering for sale, or importing the patented invention. art. antitrust principles that apply to other forms of intellectual property apply to trademarks as well, these Guidelines deal with technology transfer and innovation-related issues that typically arise with respect to patents, copyrights, trade secrets, and know-how agreements, rather than with product-.

      right answers. Today, an antitrust analysis requires more than a rote incantation of a patent to prove market power. A patent is important to consider, but is not determinative. Let us proceed, then, to discuss some current antitrust issues looking .   Antitrust and Misuse is part of our work in Patent Portfolio Management, Monetization, and Transactions.. Antitrust claims in the United States can lead to significant damages and compulsory licenses. Misuse claims raise many of the same issues as antitrust claims but, if successful, can result in unenforceability of patents, putting at risk the typically large investments made to develop and.

    The owner can keep the technology for themselves, until the patent expires, when it becomes part of the public domain. If the owner wishes to license the patent to others, they can choose to license the patent to some and decline to license it to others, as long as they are not engaged in conduct violating the antitrust laws. Although the same general antitrust principles that apply to other forms of intellectual property apply to trademarks as well, these Guidelines deal with technology transfer and innovation-related issues that typically arise with respect to patents, copyrights, trade secrets, and know-how agreements, rather than with product-differentiation.


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Current antitrust problems in acquiring and licensing patents, trademarks and technology II Download PDF EPUB FB2

Get this from a library. Current antitrust problems in acquiring and licensing patents, trademarks and technology, II. [Jerrold G Van Cise; Practising Law Institute.;].

"Prepared for distribution at a Seminar on Current Antitrust Problems in Acquiring and Licensing Patents, Trademarks and Technology"--Page 5.

"B" Description: pages: illustrations ; 22 cm. Series Title: Corporate law and practice course handbook series, no.

Responsibility: Jerrold G. Van Cise, chairman. Antitrust Issues in International Intellectual Property Licensing Transactions This book provides a review of the application of the antitrust and competition laws of nineteen leading jurisdictions around the world to common issues arising in patent, copyright, and trademark licensing agreements.

strained patent licensing increases the value of patents and encourages licensing and innovation. In the division formalized its view of the rights of patent holders in its "Antitrust Enforcement Guidelines for International Operations.

" The policy adopted a "rule-of-reason" approach to patent licensing that allowed for a balancing of. Patent pooling • Patent pools often are established to efficiently enable parties to license the IP necessary to practice an industry standard.

• Where the patents contributed by the pool members are complementary, this is very procompetitive. • Serious problems arise if pool members contributed technologies are substitutes for each other. See, e.g., Nov. 6 Tr. at (Rule) (noting that patent-pooling and cross-licensing arrangements could serve as a mechanism for coordinating other activity, such as prices); John H.

Barton, Patents and Antitrust: A Rethinking in Light of Patent Breadth and Sequential Innovation, 65 Antitrust L.J.() ("[Portfolio cross licenses. Avoiding the Antitrust Traps: Territorial Restrictions (()US) • Patent Licenses: A patentee may license (or refuse to license) any right under his patent to the whole or any specified part of the United States.

Patent Code, § • However, a territorial restriction in a patent license could be. chapter 4: variations on intellectual property licensing practices. chapter 5: antitrust issues in the tying and bundling of intellectual property rights. chapter 6: competitive issues regarding practices that extend the market power conferred by a patent beyond its statutory term.

appendices. The INPI is the agency responsible for the enforcement of the Patent Law, the Trademark Law and the Transfer of Technology Law.

IPRs are not subject to any tailored exemption under antitrust regulations. II YEAR IN REVIEW. On 9 Maythe Competition Law was enacted. Patent Reexamination: A process conducted by the U.S. Patent and Trademark Office (USPTO) on a patent that already has been issued in order to verify the claims and scope of the patent.

A patent. The Licensing Executives Society conducted a survey of its members to elicit their views on various intellectual property and antitrust issues.(15) LES is comprised of over professionals in the U.S. and Canada who are engaged in the transfer and licensing of technology.

Antitrust agency communications, such as the EU Commission’s Horizontal Guidelines and the FTC/DOJ Licensing Guidelines underline that market power does not necessarily result from patent. 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.

Those issues were: (1) the immunity from antitrust liability provided by the so-called Noerr-Pennington doctrine; and (2) the collateral estoppel effect of the decision of the Virginia district. The interplay between patent law and antitrust law is complex (see, e.g., Antitrust Issues in Intellectual Property Law).

There has been a great deal of angst and upset regarding the Court's decision to dismiss, based on a concern that dismissal puts the Court's imprimatur on AbbVie's strategic behavior (no matter what one may think about it. The past decade has seen an explosion of patent litigation in the United States and an increased role for antitrust claims and the use of antitrust analysis in patent cases.

For intellectual property lawyers, it is important to anticipate the antitrust issues often presented by patentees’ licensing or other conduct and their patent. Applying the antitrust laws to the SSO-patent holdup problem also does not interfere with any area that “patent law seeks to regulate,” including “enforcement, licensing, and disclosure obligations of the patentee.” No court need confront questions about a patent’s validity or whether a patent holder made the proper disclosures to the.

Nevertheless, the antitrust laws do impose some limits on a patent holder’s rights, and as a result patent licensing and litigation have become significant competitive issues in the technology.

By Luke MacDowall. The case of American Needle, Inc. NFL, presently before the Supreme Court, primarily challenges the use of centralized licensing agreements under antitrust law, but it also raise important questions about the function of trademark law as means to protect consumers.

The move to centralized licensing agreements between sports leagues and the vendors of their merchandise. Antitrust issues in IP cases most commonly arise in a variety of situations including concerns raised with respect to the licensing of technology, standard-setting and patent-pooling arrangements, fraudulent and bad faith patent enforcement, the exercising of patent holder rights in respect to an invention, and holders rights of standard.

Intellectual Property and Antitrust Law provides analysis of the intersection of intellectual property rights and U.S. antitrust law. This treatise begins with an overview of intellectual property law - including patent, trademark, copyright, and trade secrets - before .Law Seminars International (LSI) will be holding its fourth annual conference on Current Issues in Complex IP Licensing on Septemberin Philadelphia, PA.

The workshop will provide information on: • How to get what you want out of the deal; • Legal update on major recent and pending cases; • The fallout from the Tafas/GlaxoSmithKline v.Antitrust Update Blog is a source of insights, information and analysis on criminal and civil antitrust and competition-related issues.

Patterson Belknap’s antitrust lawyers represent clients in antitrust litigation and counseling matters, including those related to pricing, marketing, distribution, franchising, and joint ventures and other.