Challenge Restraints And The Scope Of The Patent

By Erik Hovenkamp –

Challenge restraints are used within a variety of different patent agreements – ranging from ordinary licensing deals to “reverse settlements” – with varying competitive effects.However, the courts have failed to recognize challenge restraints as a distinct antitrust issue. This brief article explains why they ought to be viewed as such. The analysis also helps to clarify the proper ambit of antitrust intervention in patent agreements.

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