The Turbulent Intersection Of Patent And Antitrust Laws

Law360, New York (May 8, 2006, 12:00 AM EDT) -- In Illinois Tool Works, the Supreme Court revisited the murky legal waters where patent and antitrust laws meet and did away with the anachronistic presumption that a patent creates market power.

There is perhaps no more unique, confusing and interesting area of the law than the interplay between patent and antitrust laws. A patent is a constitutionally mandated right to exclude others from making, using, selling, offering for sale or importing the patented invention. Accordingly, the patent right is, at times, referred to as a “monopoly.”...
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