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.
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