Patents lie at the heart of modern competition policy. In the new economy, firms use them variously to protect their R&D, to bolster their market positions, and to exclude rivals. Antitrust enforcers thus scrutinize patentees to ensure that they do not use their intellectual-property rights to suppress competition. Today's antitrust lawyers must therefore navigate intellectual-property issues and advise clients on the procurement and assertion of patents. It is no easy task. In granting exclusive rights, patents have an uneasy relationship with competition law, which struggles in turn to apply policies developed in bricks and mortar industries to the world of technology.
This book explores the acquisition and use of patents under the law of the world's two most important antitrust regimes: the United States and the European Union. It examines antitrust rules governing technology transfer, standard-essential technologies, patent aggregation, open and closed systems, coercive licensing terms that amount to misuse, evergreening tactics in the pharmaceutical industry like 'paying for delay', and patentee immunity in suing for infringement. To contextualize that analysis, the book explores the theoretical relationship between patents and competition law, addresses the U.S. 'patent crisis', the move towards unitary patents in Europe, and differences between the US and EU competition regimes. Further, the book explores idiosyncrasies governing the core antitrust questions of market definition, market power, and anticompetitive conduct in the patent setting. In doing so, the book allows those who practice, enforce, teach, or study competition law to understand the subtleties of this fascinating subject.
By:
Alan Devlin (Federal Trade Commission Washington DC Federal Trade Commission Washington DC)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions:
Height: 247mm,
Width: 186mm,
Spine: 34mm
Weight: 1.062kg
ISBN: 9780198728979
ISBN 10: 0198728972
Pages: 528
Publication Date: 22 March 2016
Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
Part I: Introduction and Recent Developments Chapter 1: Antitrust and Patent Law 1: Introduction 2: Issues at the Patent-Competition Law Intersection 3: Scrutinizing Patentee Conduct: An Antitrust Challenge 4: A Roadmap for the Book Chapter 2: Important Developments in Antitrust-Patent Law 5: Actavis Rewrites US Antitrust & Patent Law 6: EU Law on Reverse Payments 7: The CJEU Limits Strategic Manipulation of the Patent System in AstraZeneca, But Retreats from an Effects-Based Approach 8: The CJEU Reigns In By Object Analysis in Cartes Bancaires 9: The Strategic Use of Standard-Essential Patents 10: Antitrust Issues Surrounding Patent-Assertion Entities Part II: The Patent and Antitrust Laws of Europe and America Chapter 3: The Patent Crisis and its Antitrust Implications 11: Introduction 12: The Patent Systems Economic Function 13: The US Patent System 14: Patent Law in Europe 15: Conclusion: How the Patent Crisis Implicates Competition Policy Chapter 4: How the EU and US Antitrust Regimes Differ 16: Introduction 17: The Different Traits, Goals, and Policies of EU and US Antitrust Law 18: How EU and US Competition Laws Diverge 19: Firms Enjoy Less Procedural Protections in Europe Part III: Understanding the Patent-Competition Law Interface Chapter 5: The Relationship between Patent and Antitrust Law 20: Evolving Views of the Patent-Competition Law Intersection 21: The Scope-of-the-Patent Theory Takes Hold 22: Dissecting the Antitrust-IP Interface and the Scope-of-the-Patent Test 23: Conclusion: Rethinking the Patent-Antitrust Relationship Part IV: Special Issues in Technology Markets Chapter 6: Market Definition, Monopoly Power, and Patented Technology 24: Introduction 25: Market Definition under US Law 26: The Relevant Market under EU Law 27: Patented Technology and Market Definition 28: Market Power under US and EU Law 29: When Does a Patent Lawfully Subsume Monopoly Power? Chapter 7: Antitrust Issues Surrounding Open and Closed Systems 30: Overview 31: When Should Antitrust Open Up Closed Networks? 32: US Law Requires a Firm to Open a System Only in Exceptional Cases 33: EU Law Requires Dominant Firms to Open a System When Viable Competition Requires It Chapter 8: The Noerr-Pennington Doctrine 34: Introduction 35: Noerr-Pennington Immunity Before the Supreme Court 36: The Lower Courts Shape Noerr-Pennington 37: Antitrust Immunity for Filing Suit in Europe Part V: Patent Hold-Up and Misuse Chapter 9: Manipulation of the Standard-Setting Process 38: Introduction 39: Standard-Setting Hold-Up 40: US Antitrust Limits on SEPs 41: Antitrust Limits on SEP Assertion in the European Union 42: Conclusion Chapter 10: Targeted Patent Aggregation 43: Introduction 44: Anticompetitive Patent Acquisitions by Operating Companies 45: Patent Aggregation by Patent-Assertion Entities 46: Patent Acquisitions under EU Competition Law Chapter 11: Patent Misuse 47: Introduction 48: The Rules of Patent Misuse 49: Conclusion Part VI: Agreements Concerning Patented Technology Chapter 12: Technology Transfer 50: Introduction 51: US Antitrust Rules on Patent Licensing 52: Technology Transfer under EU Competition Law Chapter 13: Exclusionary Agreements in the Biopharmaceutical Industry 53: The Economic Effects of Reverse-Exclusionary Payments 54: Pay-for-Delay Agreements under US Law 55: Reverse-Exclusionary Agreements under EU Law Conclusion Chapter 14: Closing Thoughts
Alan Devlin advises Commissioner Ohlhausen on antitrust and intellectual-property matters. Previously, he was a senior associate in the San Francisco office of Latham & Watkins LLP. He has taught as an adjunct professor at the University of Chicago, University of California Hastings College of Law, DePaul University College of Law, Trinity College Dublin, and University College Dublin. His publications include Fundamental Principles of Law and Economics (Routledge 2014), as well as over thirty law-review articles. He is a graduate of Stanford Law School, the University of Chicago, and University College Dublin.
