Posted by Social Science Research Network
Monopolization Through Patent Theft– Christopher R. Leslie (University of California)
Abstract: Patent theft occurs when a firm steals an innovator’s idea and then files an application for a patent on that invention with the Patent and Trademark Office (“PTO”). If successful, the patent thief can exclude even the true innovator from making and selling the product that she herself invented. When the patent thief succeeds in stealing and patenting another’s innovation and then using the exclusionary rights granted by the patent to monopolize a market, antitrust principles are implicated. Section 2 of the Sherman Act condemns illegal monopolization, which is monopolization through anticompetitive conduct instead of through competition on the merits. The Supreme Court has long held that patent fraud is anticompetitive conduct.
Featured News
Mexico Moves Forward with Reform to Eliminate Key Regulators, Including Competition Watchdog
Aug 23, 2024 by
CPI
DOJ Sues RealPage for Alleged Rent-Fixing Scheme Using AI Software
Aug 23, 2024 by
CPI
Advance Auto Parts to Offload Worldpac for $1.5 Billion
Aug 22, 2024 by
CPI
Bronfman Ups Ante to $6 Billion in Paramount Battle, Skydance Deal at Risk
Aug 22, 2024 by
CPI
Google and California Strike Historic Deal to Fund Newsrooms Amid Controversy
Aug 22, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – State Attorneys General
Aug 22, 2024 by
CPI
CPI Talks… …With Attorney General Phil Weiser
Aug 22, 2024 by
CPI
The Bipartisan Miracle of State Antitrust Enforcement
Aug 22, 2024 by
Gwendolyn J. Lindsay Cooley
Recent Developments in State Antitrust Enforcement: Agriculture and Food Markets
Aug 22, 2024 by
Elizabeth R. Odette
State Attorneys General: Stewards of Consumer Health and Welfare
Aug 22, 2024 by
Brooke Howlett Lovrovich