Browse and Search



ElgarOnline

Bookseller

Chant Series

Patent Misuse And Antitrust Law

Click to look inside Look inside

Patent Misuse And Antitrust Law

Empirical, Doctrinal and Policy Perspectives

Daryl Lim

Daryl Lim, Assistant Professor of Law, The John Marshall Law School, US

2013 512 pp Hardback 978 0 85793 017 0
ebook isbn 978 0 85793 018 7

Hardback $181.00 on-line price $162.90

Qty



Available as an eBook for subscribing libraries on Elgaronline.

For individuals at paper price on Google ebooks and ebooks.com

Other eBook partners.


Description
This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins.

Contents
Contents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index

Further information

‘The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim’s timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.’
– John Richards, Partner, Ladas & Parry, LLP

‘Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law. . . A second and related feature is Professor Lim’s excellent use of historical narratives to show how patent misuse concepts have developed over time. . . A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law.’
– From the foreword by William E. Kovacic, former Chairman of the Federal Trade Commission and Global Competition Professor of Law and Policy, George Washington University Law School, US

‘[A]n excellent introduction to patent misuse and antitrust law, of much importance in this current hysteria of fighting patent trolls. He covers much of the case law, historic and recent, and how it applies to current patent assertion strategies. He also covers the past and possible future evolution of this policy area. If you have to read this type of stuff, this is a very good read.’
– Greg Aharonian, Editor, Internet Pat ent News Service

This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins.

The book is an essential resource for the curious, the expert and all those engaged in deciding what patent misuse means and should mean today. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today’s leading practitioners, judges, government officials and academics. It also presents a qualitative analysis of modern misuse case law spanning 1953 to 2012. The result is a compelling account that lays out an important doctrinal, policy and empirical framework for future cases and scholarship.

Patent law students and scholars will find the author’s comprehensive study of popular and actual perceptions of the misuse doctrine a valuable resource, while practitioners, government officials and judges will appreciate the predictive value of the author’s findings.



Author's links
 
Information
Bottom border
NEW BOOK ALERT

1) Choose your area:

  Competition Law
  Antitrust Law and Policy
  Innovation / Science
  Intellectual Property
  Technology
   
2) Enter your email address:



For more specific areas:
Specific Areas
Bottom border
Bookmark and Share
Offer
Offer