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1 results

  • 6 - The Effect of Competition Law on Patent Remedies

  • Edited by C. Bradford Biddle, Jorge L. Contreras, Brian J. Love, Norman V. Siebrasse
  • Book:
    Patent Remedies and Complex Products
    Published online:
    04 July 2019
    Print publication:
    27 June 2019, pp 202-238
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  • Summary

    Although competition law and IP law probably pursue complementary goals, competition laws can (1) affect remedies available for patent infringement; and/or otherwise (2) limit the conduct of patentees, particularly when transferring or licensing their patents. This chapter discusses the cases in which tensions between the protection of patents in complex products and the competition laws have arisen or may arise, particularly as regards the ability of owners of standard essential patents (SEPs) to monetize their patents either by seeking an injunction against implementers or by refusing to grant licenses complying with previously given commitments — generally, commitments to license on fair, reasonable, and nondiscriminatory (FRAND) terms. This chapter also examines potential competition law constraints on the pricing of patent licenses, other licensing terms, multilevel licensing and level discrimination, patent pools, sale of patent portfolios ,and patent acquisitions.