Antitrust Law and Intellectual Property Rights Cases and Materials 1st Edition by Christopher Leslie 0195337190 9780195337198

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Product details:

ISBN 10: 0195337190 

ISBN 13: 9780195337198

Author: Christopher R. Leslie

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 of their 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 or illegitimately 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 those aspects 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 basic antitrust 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 intellectual property. 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.

Table of contents:

PART ONE: THE FOUNDATIONS OF THE INTERSECTION BETWEEN ANTITRUST LAW AND INTELLECTUAL PROPERTY RIGHTS
1 A Primer on Intellectual Property Law
2 A Primer on Antitrust Law
3 The Tension Between Antitrust and Intellectual Property

PART TWO: THE ANTITRUST IMPLICATIONS OF UNILATERAL CONDUCT BY INTELLECTUAL PROPERTY OWNERS
4 Enforcement of Intellectual Property Rights
5 Tying Arrangements and Intellectual Property
6 Unilateral Refusals to License or Deal
7 Design Changes and Predatory Innovation
8 Deceptive Conduct before Standard-Setting Organizations

PART THREE: THE ANTITRUST IMPLICATIONS OF HORIZONTAL AGREEMENTS INVOLVING INTELLECTUAL PROPERTY
9 Price Fixing and Intellectual Property
10 Market Allocation and Intellectual Property Rights
11 Pharmaceutical Settlements and Reverse Payments
12 Agreements to Buy and Sell Intellectual Property as an Antitrust Violation
13 Group Boycotts and Concerted Refusals to Deal or License

PART FOUR: THE ANTITRUST IMPLICATIONS OF VERTICAL AGREEMENTS INVOLVING INTELLECTUAL PROPERTY
14 Vertical Price Restraints and Intellectual Property
15 Non-price Licensing Restrictions
16 The Antitrust Implications of Structuring Royalties

PART FIVE: INJURY, REMEDIES, JURISDICTION AND PROCEDURAL ISSUES
17 Standing and Antitrust Injury
18 Remedies
19 Jurisdiction and Procedural Issues

APPENDICES
Appendix A: Statutory Supplement
Appendix B: Antitrust Guidelines for the Licensing of Intellectual Property
Appendix C: Microeconomic Analysis and Graphs

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Tags: Christopher Leslie, Antitrust, Intellectual, Property