The interaction of intellectual property laws and antitrust continues to grow as our society increasingly relies on high-tech solutions in the home and workplace. In litigating intellectual property cases today, it is essential to understand the interplay between intellectual property rights and...
The interaction of intellectual property laws and antitrust continues to grow as our society increasingly relies on high-tech solutions in the home and workplace. In litigating intellectual property cases today, it is essential to understand the interplay between intellectual property rights and potential antitrust claims and defenses. The Antitrust Counterattack in Intellectual Property Litigation Handbook
provides a comprehensive, practical guide to the antitrust issues likely to arise in intellectual property litigation. It summarizes the essential elements of intellectual property law for the antitrust practitioner, and analyzes how antitrust counterclaims and misuse defenses can affect intellectual property litigation in both its prosecution and settlement. The Handbook is unique in its integrated treatment of these core intellectual property and antitrust issues and will equip counsel in both practice areas to develop and coordinate on strategies that optimize litigation outcomes.
- Chapter I covers the essential elements of intellectual property, including patent prosecutions and infringement claims, and analyzes recent Supreme Court cases such as Quanta Computers v. LG Elecs. and MedImmune, Inc. v. Genentech, Inc.
- Chapter II discusses antitrust claims, defense and issues that arise in connection with intellectual property, including the misuse doctrine, Walker Process and Hangards claims, antitrust issues arising from the acquisition or licensing of intellectual property and collective actions through standard setting organizations. A discussion of leading cases and recent Supreme Court decisions such as Pacific Bell Tel. co. v. linkLine Communications (price squeeze claims) and Leegin Creative Leather Products v. PSKS, Inc. (minimum resale price maintenance), as well as federal antitrust agency actions, supplements the overview.
- Chapter III considers strategic litigation issues, including whether and how to file antitrust claims and counterclaims in patent litigation.
- Chapter IV focuses on pleading and discovery issues, including the scope of discovery and the implications for antitrust claims in intellectual property litigation of the notice pleading requirements articulated by the Supreme Court in Bell Atlantic Corp. v. Twombly and its progeny.
- Chapter V discusses bifurcation and consolidation issues for patent and antitrust claims under Rule 42(a) and (b).
- Chapter VI presents an overview of jurisdictional issues, such as the Federal Circuit's exclusive jurisdiction over claims arising from patent law.
- Chapter VII explores antitrust and res judicata issues in patent settlements, including a discussion of the potential of antitrust liability for so-called "reverse payment" settlements arising under the Hatch Waxman framework.