Alan Devlin

Antitrust and Patent Law (eBook, ePUB)

• Format: ePub

Produktbeschreibung

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.

---

Dieser Download kann aus rechtlichen Gründen nur mit Rechnungsadresse in A, B, BG, CY, CZ, D, DK, EW, E, FIN, F, GR, HR, H, IRL, I, LT, L, LR, M, NL, PL, P, R, S, SLO, SK ausgeliefert werden.

Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 528
• Erscheinungstermin: 17. März 2016
• Englisch
• ISBN-13: 9780191044830
• Artikelnr.: 45165740

Autorenporträt

Alan Devlin advises Commissioner Ohlhausen on antitrust and intellectual-property matters. Previously, he was a senior associate in the San Francisco office of Latham & Watkins LLP. He has taught as an adjunct professor at the University of Chicago, University of California Hastings College of Law, DePaul University College of Law, Trinity College Dublin, and University College Dublin. His publications include Fundamental Principles of Law and Economics (Routledge 2014), as well as over thirty law-review articles. He is a graduate of Stanford Law School, the University of Chicago, and University College Dublin.

Inhaltsangabe

* Part I: Introduction and Recent Developments
* Chapter 1: Antitrust and Patent Law
* 1: Introduction
* 2: Issues at the Patent-Competition Law Intersection
* 3: Scrutinizing Patentee Conduct: An Antitrust Challenge
* 4: A Roadmap for the Book
* Chapter 2: Important Developments in Antitrust-Patent Law
* 5: Actavis Rewrites US Antitrust and Patent Law
* 6: EU Law on Reverse Payments
* 7: The CJEU Limits Strategic Manipulation of the Patent System in
AstraZeneca, But Retreats from an Effects-Based Approach
* 8: The CJEU Reigns In By Object Analysis in Cartes Bancaires
* 9: The Strategic Use of Standard-Essential Patents
* 10: 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
* 11: Introduction
* 12: The Patent Systems Economic Function
* 13: The US Patent System
* 14: Patent Law in Europe
* 15: Conclusion: How the Patent Crisis Implicates Competition Policy
* Chapter 4: How the EU and US Antitrust Regimes Differ
* 16: Introduction
* 17: The Different Traits, Goals, and Policies of EU and US Antitrust
Law
* 18: How EU and US Competition Laws Diverge
* 19: Firms Enjoy Less Procedural Protections in Europe
* Part III: Understanding the Patent-Competition Law Interface
* Chapter 5: The Relationship between Patent and Antitrust Law
* 20: Evolving Views of the Patent-Competition Law Intersection
* 21: The Scope-of-the-Patent Theory Takes Hold
* 22: Dissecting the Antitrust-IP Interface and the Scope-of-the-Patent
Test
* 23: Conclusion: Rethinking the Patent-Antitrust Relationship
* Part IV: Special Issues in Technology Markets
* Chapter 6: Market Definition, Monopoly Power, and Patented Technology
* 24: Introduction
* 25: Market Definition under US Law
* 26: The Relevant Market under EU Law
* 27: Patented Technology and Market Definition
* 28: Market Power under US and EU Law
* 29: When Does a Patent Lawfully Subsume Monopoly Power?
* Chapter 7: Antitrust Issues Surrounding Open and Closed Systems
* 30: Overview
* 31: When Should Antitrust Open Up Closed Networks?
* 32: US Law Requires a Firm to Open a System Only in Exceptional Cases
* 33: EU Law Requires Dominant Firms to Open a System When Viable
Competition Requires It
* Chapter 8: The Noerr-Pennington Doctrine
* 34: Introduction
* 35: Noerr-Pennington Immunity Before the Supreme Court
* 36: The Lower Courts Shape Noerr-Pennington
* 37: Antitrust Immunity for Filing Suit in Europe
* Part V: Patent Hold-Up and Misuse
* Chapter 9: Manipulation of the Standard-Setting Process
* 38: Introduction
* 39: Standard-Setting Hold-Up
* 40: US Antitrust Limits on SEPs
* 41: Antitrust Limits on SEP Assertion in the European Union
* 42: Conclusion
* Chapter 10: Targeted Patent Aggregation
* 43: Introduction
* 44: Anticompetitive Patent Acquisitions by Operating Companies
* 45: Patent Aggregation by Patent-Assertion Entities
* 46: Patent Acquisitions under EU Competition Law
* Chapter 11: Patent Misuse
* 47: Introduction
* 48: The Rules of Patent Misuse
* 49: Conclusion
* Part VI: Agreements Concerning Patented Technology
* Chapter 12: Technology Transfer
* 50: Introduction
* 51: US Antitrust Rules on Patent Licensing
* 52: Technology Transfer under EU Competition Law
* Chapter 13: Exclusionary Agreements in the Biopharmaceutical Industry
* 53: The Economic Effects of Reverse-Exclusionary Payments
* 54: Pay-for-Delay Agreements under US Law
* 55: Reverse-Exclusionary Agreements under EU Law
* Conclusion
* Chapter 14: Closing Thoughts