Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law

Obviousness And New Technologies, John Kasdan Oct 1999

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 Jan 1999

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 …