Description
Book SynopsisThis unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today’s leading practitioners, judges, government officials and academics.
Trade ReviewThis is a long overdue book on the evolution of the US doctrine of patent misuse and its relationship with antitrust law. --Steven Anderman, Queen Mary Journal of Intellectual Property
Patent Misuse and Antitrust Law in an excellent analysis of an understudied area of law bound to become increasingly important as watershed controversies and reforms continue to buffet patent law. --Shannon L. Malcolm, Law Library Journal
One of the most detailed and insightful analyses of the important, but maddeningly vague, doctrine of patent misuse and its relationship to antitrust law… Professor Lim tackles this complicated topic in an innovative and effective way. In addition to thoughtful legal, economic, and policy analysis, he uses a comprehensive empirical survey and coding of all patent misuse cases through the end of 2012 and substantial qualitative empirical research through interviews with practitioners and judges about the perceived, and actual, metes and bounds of this slippery doctrine. He thus throws valuable light on the state of the conventional wisdom as well as when and how actual practice and case law departs from that conventional wisdom --Spencer Weber Waller, World Competition Law and Economics Review
Table of ContentsContents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index
