Intellectual Property
Mar. 4, 2013
Antitrust standing vs. patent standing
ScanDisk leaves no doubt that the standing required to bring an antitrust claim based on the fraudulent procurement of a patent, and the standing required to invalidate a patent, are two different things.
Audrey A. Millemann
Shareholder, Weintraub Tobin Chediak Coleman Grodin
Antitrust laws and patent laws inherently conflict. The purpose of the antitrust laws is to protect competition to benefit consumers, in part, by prohibiting unlawful monopolies. The purpose of the patent laws is to promote innovation and reward inventors, which is accomplished by awarding the patent owner a limited monopoly. Thus, patents inhibit competition.
Sometimes antitrust law and patent law intersect. In a patent infringement case, a defendant may bring an antitrust cla...
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