Apples and Oranges: Comparing Assertions of SEPs and Differentiating Patents from an Antitrust Perspective

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Jay Jurata, Adya Baker, Mar 31, 2015

Intellectual property and antitrust laws share a common goal of fostering innovation while protecting competition. In the United States, the Patent Act bestows on the patent holder the right to exclude others from making, using, selling, or importing the patented invention, as well as the right to exploit the patented invention through licensing it to others. The Sherman Antitrust Act, while