Hein.pdf

1000307.pdf
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🔗 Source: gould.usc.edu
📊 Size: 3.64 MB
📄 Pages: 63 pages
⬇️ Downloads: 58

Summary

Erik Hovenkamp's article "Antitrust Law and Patent Settlement Design" discusses the challenges of applying antitrust law to patent settlements, where firms may agree to restrain competition in ways that are not authorized by patent law. The article explores the economics of settlement design, including the use of licensing restraints, reverse payments, and counter-restraints, and argues that the antitrust question should be reframed to focus on administration and causation. Hovenkamp also considers multiple entry, Hatch-Waxman, and other factors that can affect patent settlements, and evaluates potential objections to his approach. The article concludes that antitrust law should be applied in a way that balances the need to prevent anticompetitive agreements with the need to respect the exclusionary entitlement of patent holders.

Description

Erik Hovenkamp's article "Antitrust Law and Patent Settlement Design" discusses the challenges of applying antitrust law to patent settlements, where firms may...

Technical Information

  • File Format: PDF
  • File Size: 3.64 MB
  • Pages: 63
  • Language: EN
  • Total Downloads: 58
  • Last Updated: 2 weeks ago

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