IP and Antitrust addresses the relationship between intellectual property law and federal antitrust law. Most antitrust problems arise in the patent area rather than copyright or trademarks. IP and Antitrust covers antitrust issues such as market power, monopolization, tying, exclusive dealing, and resale price maintenance as they relate to patents, trademarks, and copyrights. The most difficult issues arise in patents, where cross licensing and refusals to license can create antitrust issues.

Features and Benefits

• Expert legal guidance on complex antitrust issues
• Patent and other intellectual property misuse
• Infringement suits as antitrust violations
• Remedies for anti-competitive abuses of IP rights
• Issues involving antitrust/intellectual property litigation
• IP/Competition Law Interface in the EU and Canada
• Package licensing and cross licensing
• Price fixing
• Mergers involving IP rights

About the Author

Herbert Hovenkamp is the revision author of Antitrust Law and has written numerous books and articles in the field of antitrust. Mark D. Janis is a law professor at the University of Iowa where he teaches courses in trademarks and patents. Mark A. Lemley is a professor at Stanford Law School where he teaches intellectual property and antitrust law.

Table Of Contents

PART A: Competition Policy and the System of Intellectual Property Rights Introduction The U.S. Intellectual Property System: Key Aspects for the Antitrust Interface Misuse Intellectual Property and Market Power Jurisdictional and Procedural Issues Governing Antitrust/IP Claims Remedies for Anticompetitive Abuses of Intellectual Property Rights Anticompetitive Settlement of Intellectual Property Disputes PART B: Monopolistic Practices Involving Intellectual Property Rights Monopolization Improper Enforcement of Intellectual Property Claims Innovation and Product Changes Unilateral Refusals to License Patent and Other Intellectual Property Acquisitions; Non-use PART C: Vertical Integration and Related Licensing Practices by Intellectual Property Holders Vertical Practices Involving Intellectual Property Rights: Preliminary Issues Tying, Exclusive Dealing and Related Licensing Practices Package Licensing, Blanket Licenses and Block-Booking Anticompetitive Royalty Provisions Resale Price Maintenance and Vertically Imposed Nonprice Restraints Grantback Provisions PART D: Horizontal Restraints Involving Intellectual Property Licensing Justifications and Basic Competitive Concerns Price Restricted Licenses and the General Electric Rule Output Restricted Licenses Horizontal Market Division and Other Nonprice Restrictions Cross-Licensing and Patent Pools Intellectual Property and Standard-Setting Organizations Research and Production Joint Ventures: National Cooperative Research and Production Acts PART E: Competition and Intellectual Property Licensing in Global Markets International Standards for the Intellectual Property/Antitrust Interface Application of U.S. Antitrust Law to International Licensing Arrangements The Intellectual Property/Competition Law Interface: Europe The Intellectual Property/Competition Law Interface: Canada Appendix A: Selected Federal Statutes Appendix B: Antitrust Guidelines for the Licensing of Intellectual Property Appendix C: Antitrust Enforcement Guidelines for International Operations Appendix D: International Materials Appendix E: European Materials Appendix F: Canadian Materials

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