We have two conceptions of the relationship between antitrust and patent: in tension or complementary. In reality, both conceptions have an element of truth; the relationship is multidimensional. The relationship between antitrust law and patent law involves a series of trade-offs: How much...

Patentees sometimes use fraudulently procured patents to secure illegal monopolies, excluding efficient competitors and raising prices to consumers. While antitrust doctrine condemns the acquisition of monopoly power through fraudulently procured patents, antitrust liability hinges on whether...

Patent law is the cornerstone of American innovation policy. The relationship between patents and innovation, however, is more complicated than the simple explanation that patents reward innovators. Patent holders sometimes engage in conduct that can reduce innovation. This article examines one...