Lessons Learned When The Antitrust Andintellectual Property Laws Collide

摘要

Over the last decade, the intersection between IP and antitrust laws has become an increasingly hot topic as courts and businesses grapple with how to reconcile the enforceable monopolies promised by IP laws with the prohibition against anticompetitive acts at the heart of antitrust laws. Although much has been written recently on the issues surrounding standard-setting bodies, PvAND licensing, and patent pools, it should not be forgotten that the conflicting dynamics of IP and antitrust can arise any time that businesses acquire patents or license (or decide not to license) patents to competitors. A recent case highlights a number of the issues that can arise when antitrust and IP laws intersect. In this case, the defendant was sued in federal court for antitrust violations arising out of its acquisition of and licensing activities related to a patent. The plaintiff also sought a preliminary injunction to enjoin the defendant from enforcing its patent against the plaintiff. The defendant not only defeated the motion for preliminary injunction sought in the antitrust case but also obtained a temporary restraining order (TRO) against the plaintiff in a separately filed patent and trademark infringement case. This article examines some of the lessons learned during the course of this litigation that can be applied to a variety of antitrust and IP cases.