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Full-Text Articles in Law
Obviousness And New Technologies, John Kasdan
Obviousness And New Technologies, John Kasdan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
Faculty Scholarship
Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a …