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Expert Analysis

A Modern Look At The 9 Patent Licensing 'No-Nos'

Law360, New York (February 28, 2013, 10:30 AM EST) -- In the 1970s, Bruce Wilson, a former deputy assistant attorney general at the U.S. Department of Justice, developed a well-known list of nine patent licensing "no-nos." The somewhat formalistic U.S. antitrust law of the 1970s viewed these licensing practices as generally unlawful, if not per se illegal. In this article, we will consider the nine "no-nos" from the perspective of U.S. antitrust law in 2013. Many "no-nos" are no longer automatically unlawful, but it is nevertheless important to understand the issues, because patent licensing practices can still draw fire under the rule of reason....

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