company:(1) has a patent needed to use a standard, (2) promises to license the patent on reasonable terms, and then (3) says … “patent holdup.”The concerns threatened by patent holdup have consistently been acknowledged by officials in Republican and … Antitrust in Preventing Patent Holdup. In contrast, they are neglected by the current Assistant Attorney General of the …

. Standard-essential patents, the smartphone patent wars, and patent trolls thrust themselves onto the IP/antitrust scene. But … perhaps the most significant change is the complete reversal of fortune undergone by drug patent settlements.Settlements by … finishing touches on their framework of near-complete deference to the settlements based on a "scope of the patent" test.But by …

.S. Patent and Trademark Office (“PTO”). Third, we apply the Supreme Court's four-factor eBay test to conclude that courts should …

of agreements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market … of the patent" test applied by the dissent and several appellate courts — would have meant "game over" for challenges to …

Motorola and Samsung, and the Department of Justice’s approval of the patent portfolio acquisitions of Novell, Nortel, and …

Whether behavior relating to a patent thicket presents an antitrust issue is a nuanced question. But a recent ruling … highlights its errors analyzing sham behavior, patent settlements, and antitrust injury …

to delay entering the market. Such conduct requires courts to consider not only patent and antitrust law, but also the … by relying on a test that asks if the settlement falls within the “scope of the patent.” They have found, in nearly all ….This 8-page article shows why the scope test is not appropriate in determining the antitrust treatment of drug patent …

In GSK v. Teva, the Federal Circuit (in a 2-1 ruling) found that Teva induced infringement of GSK's patent. While much … uses not covered by the patent. The Federal Circuit found that this long-recognized practice of skinny labeling could form …

settlements must assume that the patent at issue is invalid or not infringed, since this is a problem of patent, not antitrust …, law. This symposium essay critiques Roberts' position. It explains that this position (1) shortchanges patent law, which …