|
On 1 June 2005 in New York City, NERA Senior Vice Presidents Dr. Sumanth Addanki and Dr. Steven Schwartz and Special Consultant Dr. Richard Rapp hosted a luncheon seminar to explore timely issues at the intersection of antitrust and intellectual property (IP) law and economics. The seminar was attended by antitrust and IP practitioners.
In January, the Court of Appeals for the Federal Circuit issued its Independent Ink v. Illinois Tool Works decision, reviving the presumption of market power associated with a patented product in a tying case. More recently, the 11th Circuit overturned a decision of the Federal Trade Commission in Schering-Plough, rejecting with force the commission's view that the patent settlement at issue was anticompetitive and setting forth a standard by which settlements such as these should be analyzed.
Both of these decisions raise questions about what assumptions can reasonably be made about the market power conferred by a patent and about what commercial behavior involving patents could potentially be implicated under the antitrust laws. Drs. Rapp, Addanki, and Schwartz discussed the decisions, their economic underpinnings, and their implications for the treatment of patents in contemporary antitrust.
To learn more, please review the presentations located in the right-hand column of this page.
|
E-mail this
Print page
