Antitrust Law and Intellectual Property Rights: Cases and Materials

Hardcover | November 20, 2010

byChristopher R. Leslie

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In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds oftheir intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers orillegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys thoseaspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basicantitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectualproperty. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.

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In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds oftheir intellectual property rights. Leslie expla...

Christopher R. Leslie is a Professor of Law at the University of California, Irvine School of Law. He has been a Visiting Professor of Law at Stanford Law School, the University of Texas School of Law, and N.Y.U. School of Law. Professor Leslie's scholarship has appeared in the University of Pennsylvania Law Review, the California La...
Format:HardcoverDimensions:688 pages, 10 × 7 × 0.98 inPublished:November 20, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195337190

ISBN - 13:9780195337198

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Table of Contents

Part One: The Foundations of the Intersection Between Antitrust Law and Intellectual Property Rights1. A Primer on Intellectual Property Law2. A Primer on Antitrust Law3. The Tension Between Antitrust and Intellectual PropertyPart Two: The Antitrust Implications of Unilateral Conduct by Intellectual Property Owners4. Enforcement of Intellectual Property Rights5. Tying Arrangements and Intellectual Property6. Unilateral Refusals to License or Deal7. Design Changes and Predatory Innovation8. Deceptive Conduct Before Standard-Setting OrganizationsPart Three: The Antitrust Implications of Horizontal Agreements Involving Intellectual Property9. Price Fixing and Intellectual Property10. Market Allocation and Intellectual Property Rights11. Pharmaceutical Settlements and Reverse Payments12. Agreements to Buy and Sell Intellectual Property as an Antitrust Violation13. Group Boycotts and Concerted Refusals to Deal or LicensePart Four: The Antitrust Implications of Vertical Agreements Involving Intellectual Property14. Vertical Price Restraints and Intellectual Property15. Non-Price Licensing Restrictions16. The Antitrust Implications of Structuring RoyaltiesPart Five: Injury, Remedies, Jurisdiction And Procedural Issues17. Standing and Antitrust Injury18. Remedies19. Jurisdiction and Procedural IssuesAppendix A: Statutory SupplementAppendix B: Antitrust Guidelines for the Licensing of Intellectual Property