When Does a Patent Right Become an Antitrust Wrong? Antitrust Liability for Refusals to Deal in Patented Goods
2005; Volume: 11; Issue: 2 Linguagem: Inglês
ISSN
1091-7322
Autores Tópico(s)Copyright and Intellectual Property
Resumo* J.D., cum laude, Temple University, 2004; M.S.E., University of Pennsylvania, 2000; B.S.E., cum laude, Princeton University, 1997. Law Clerk to the Honorable Jan E. DuBois, United States District Court for the Eastern District of Pennsylvania, 2004-05. I would like to acknowledge Professors David G. Post and Salil K. Mehra for their assistance and guidance and to thank Aliza Rabinowitz for her editorial suggestions and limitless patience during the writing of this Article. 1 V THE WRITINGS OF THOMAS JEFFERSON 47 (Paul Leicester Ford, ed., New York, G. P. Putnam’s Sons 1895). 2 Image Technical Servs., Inc. v. Eastman Kodak Co., 125 F.3d 1195, 1217 (9th Cir. 1997) [hereinafter Kodak II]. 3 See, e.g., Atari Games Corp. v. Nintendo of Am., Inc., 897 F.2d 1572, 1576 (Fed. Cir. 1990) (“[T]he aims and objectives of patent and antitrust laws may seem, at first glance, wholly at odds. However, the two bodies of law are actually complementary, as both are aimed at encouraging innovation, industry and competition.”). 4 15 U.S.C. §§ 1-7 (2000).
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