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Articles 121 - 128 of 128
Full-Text Articles in Law
After Microsoft Wins, Robert H. Lande
Promoting Innovation Competition Through The Aspen/Kodak Rule, Jonathan Baker
Promoting Innovation Competition Through The Aspen/Kodak Rule, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug
The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug
Articles
This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.
Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.
Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …
Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke
Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke
Faculty Scholarship
Shortly before the Second Intermational Harvard Conference on Internet & Society, the Department of Justice ("DOJ") brought a widely publicized suit against the Microsoft Corporation. In its complaint, the DOJ charged Microsoft with engaging in a variety of antitrust wrongs connected with its alleged monopoly position in the market for personal computer ("PC") operating system software. The Conference panel on Antitrust and the Internet, which had planned to focus on how antitrust law affects standard-setting efforts and the implications for the Intermet, quickly abandoned that topic in favor of discussion of the Microsoft suit.
Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker
Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Antitrust Liability Premised, Edward D. Cavanagh
Antitrust Liability Premised, Edward D. Cavanagh
Faculty Publications
(Excerpt)
This article will explore potential antitrust liability arising from attempted enforcement of invalid patents or trade secrets known to be invalid. A fundamental tension exists between the law of intellectual property and antitrust law. Federal patent laws and the state law doctrines of trade secrets confer on the holder exclusive rights to exploit an invention or creation and to exclude others from its use. The rationale of the patent laws and state intellectual property laws is to foster innovation and to provide inventors with protection for the fruits of their labor. By contrast, antitrust laws embody a public policy …
Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.
Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
United States V. Glaxo Group Ltd., Lewis F. Powell Jr.
United States V. Glaxo Group Ltd., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.