Document Type
Article
Publication Date
2003
ISSN
0026-5335
Publisher
Law School, University of Minnesota
Language
en-US
Abstract
Professors Hovenkamp, Janis, and Lemley have attempted to clarify one of the most vexing issues facing antitrust and intellectual property law today: What analytical framework should antitrust authorities and courts use in considering whether patent settlement agreements in infringement cases violate the antitrust laws? The issue is complex because many ostensibly anticompetitive restraints in settlement agreements are perfectly legal if the underlying patent right is valid. Unfortunately, in some cases, the relevant patents are either invalid or not infringed. Thus, the antitrust analysis hinges on resolution of an intellectual property question.
Recommended Citation
Maureen A. O'Rourke,
An Incentives Approach to Patent Settlements: A Commentary on Hovenkamp, Janis & Lemley
,
in
87
Minnesota Law Review
1767
(2003).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/1698
