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Intellectual Property

Intellectual Property: The latest trends in antitrust law

James Brelsford, James Keyte, Sharis Pozen and Sean Tepe, Managing IP, December 2013/January 2014.

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There has long been an interesting intersection between IP law and antitrust law. Recent court decisions and regulatory action have highlighted the need for IP lawyers to be more aware than ever of ensuring that their commercial activities do not violate antitrust rules. So-called pay-for-delay patent infringement settlements in the pharmaceutical industry have come under particular scrutiny, and the US Supreme Court’s ruling on such arrangements could impact licensing arrangements in the technology sector. In the coming months, antitrust regulators will be putting the activity of patent assertion entities under the microscope. In this dynamic area of the law, it is important that IP owners are aware of past guidance provided by the Federal Trade Commission and the Department of Justice as well contemporary application of antitrust law by the country’s courts.

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