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Is the Supreme Court Importing Antitrust Economics into Patent Law? A Different Look at eBay, MedImmune, KSR, and Quanta Computer

By Hill Wellford

Is the Supreme Court’s economics-intensive and generalist antitrust jurisprudence beginning to affect its view of patent law? It appears that the answer is yes. Patent law has long been the ultimate in technical statutes and specialist practice.

Antitrust law, in contrast although at one time it had a similar reputation has developed essentially as common law, and in recent decades has come to emphasize broad and general “effects-based” analysis: an outcome-oriented, case-by-case method that grounds liability decisions directly in an analysis of conduct’s economic effects, and that generally eschews special rules and formalized tests. Read the entire article here.

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.