Patent Misuse and Antitrust Law: Empirical, Doctrinal and Policy Perspectives

Posted by Social Science Research Network

Patent Misuse and Antitrust Law: Empirical, Doctrinal and Policy Perspectives – Daryl Lim (The John Marshall Law School)

ABSTRACT: This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins.

‘Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law. . . A second and related feature is Professor Lim’s excellent use of historical narratives to show how patent misuse concepts have developed over time. . . A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law.’

– From the foreword by William E. Kovacic, former Chairman of the Federal Trade Commission and Global Competition Professor of Law and Policy, George Washington University Law School, US

‘[A]n excellent introduction to patent misuse and antitrust law, of much importance in this current hysteria of fighting patent trolls. He covers much of the case law, historic and recent, and how it applies to current patent assertion strategies. He also covers the past and possible future evolution of this policy area. If you have to read this type of stuff, this is a very good read.’ – Greg Aharonian, Editor, Internet Patent News Service

‘The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim’s timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.’ – John Richards, Partner, Ladas & Parry, LLP

Featuring interviews with (affiliations at time of interviews): Hon. T.S. Ellis, District Judge, Eastern District of Virginia, Hon. Kent A. Jordan, Circuit Judge, Court of Appeals for the Third Circuit, Hon. Paul R. Michel, Chief Judge, Court of Appeals for the Federal Circuit (until May 31, 2010), Hon. Richard A. Posner, Circuit Judge, U.S. Court of Appeals for the Seventh Circuit, Hon. Randall R. Rader, Chief Judge, Court of Appeals for the Federal Circuit (from June 1, 2010), Hon. Ronald M. Whyte, District Judge, Northern District of California, Stanford McCoy, Assistant U.S. Trade Representative (Intellectual Property), William E. Kovacic, Commissioner, Federal Trade Commission, James Toupin, General Counsel, U.S. Patent and Trademark Office, Nicholas Groombridge, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP (New York), Robert Lipstein, Partner, Crowell & Moring (Washington D.C), Jason D. Kipnis, Partner, Weil, Gotshal & Manges (California), John Richards, Partner, Ladas & Perry (New York), Alan Weinschel, Partner, Weil, Gotshal & Manges (New York), Martin Adelman, Professor of Law, George Washington University School of Law, Thomas Cotter, Professor of Law, University of Minnesota Law School, Hugh C Hansen, Professor of Law, Fordham University School of Law, Herbert Hovenkamp, Professor of Law, University of Iowa, Mark A. Lemley, Professor of Law, Stanford Law School, John R. Thomas, Professor of Law, Georgetown Law Center

Note: Introductory chapter available for free download. More details on how to obtain electronic or hardcover copies here: The Edward Elgar Publishing website.