Pushing The Boundaries Between Antitrust And Patent Laws

Law360, New York (November 2, 2012, 5:41 PM EDT) -- Smartphone device and software manufacturers have been particularly active in enforcing patents against each other. This brings the industry squarely under U.S. Department of Justice scrutiny, following the DOJ’s recent announcement of its interest in curtailing the improper or unlawful use of patent rights to gain unfair competitive advantage — whether those rights relate to “standard essential patents” (often referred to as SEP’s) or not. Practitioners and technology-dependent businesses should carefully monitor this evolving area of law, as the smartphone wars may eventually redefine — or...
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