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Increased Market Power As A New Secondary Consideration In Patent Law, Andrew Blair-Stanek
Increased Market Power As A New Secondary Consideration In Patent Law, Andrew Blair-Stanek
Andrew Blair-Stanek
Courts have developed nine non-technical secondary considerations to help juries and judges in patent litigation decide whether a patent meets the crucial statutory requirement of being non-obvious. This article proposes a new, tenth secondary consideration: increased market power. If a patent measurably increases its holders’ market power, that should weigh in favor of finding the patent non-obvious. This new secondary consideration incorporates the predictive benefits of several existing secondary considerations, while increasing the accuracy and availability of evidence for fact-finders to determine whether a patent is non-obvious.
Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.
Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.
Henry H. Perritt, Jr.
The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …
Comparative Analysis Of Qualcomm Case Regarding Its Duty In Standard-Setting Organization And Possible Antitrust Claims Brought By Its’ Competitors In U.S. And E.U., Tanit Follett
Tanit Follett, J.S.D.
The Standard Setting Organization of IP rules has a confused mixture of legal theories that lead to the problem of disclosure. Each of the SSO IP rules has its own pitfalls. In general, considering all rules together, these legal rules share the same common goal in ensuring that participating IP owners do what they promised to do and disclose what they are bound to disclose. In addition, SSO rules concerning the rights of IP owner have raised a number of antitrust issues. One side believes that SSO rules are procompetitive so long as they encourage more innovation than restraints, while …