The Intersection of Intellectual Property and Anti-Trust Law

About the Course: This session provides insight as to when patent rights control versus when anti-trust challenges prevail. This course discusses the Federal Trade Commission’s stance on issues such as new media business models, standards setting bodies, and pharma reverse payment agreements. Detailed analysis regarding possible anti-trust challenges regarding Google, Apple, Samsung and Bayer is provided. The following are among the issues discussed: Are patents with very broad claims more likely to encounter anti-trust challenges? In times of heighted government sensitivity to anti-trust issues, how should patent-holders handle representations regarding their patents’ ability to exclude when negotiating with investors and licensees? To what extent do the various states present anti-trust challenges to patent holders? What are the implications of the Federal Trade Commission’s concerns with respect to “open” versus “closed” business models? How are FRAND standards designed to avoid patent hold-up issues? What is the European Commission’s view of FRAND provisions in connection with standards bodies? How do reverse payment settlements work? What potential challenges do they face? When have agreements that contravene the Sherman Act been ruled valid? Should pay for delay agreements be perceived as per se lawful or per se unlawful? How does the Rule of Reason factor into anti-trust decisions? What are the risks of the FTC challenging the validity of patents in pursuing anti-trust claims? In triggering re-examination challenges? Course Leader: David L. Newman, Partner, Arnstein & Lehr Mr. Newman focuses his practice on intellectual property law, including patents, trademarks, copyrights and trade secrets. His experience includes handling litigation involving intellectual property, preparing and prosecuting applications for obtaining various types of intellectual properties, and opinion work involving business methods, computers, consumer goods, electronic commerce, mechanical devices, medical devices, pharmaceuticals and telecommunications. Mr. Newman has handled numerous litigations involving U.S. and foreign patents, unfair trade practices, copyrights, trade dress, trademarks, trade secrets, antitrust and breach of contract throughout the country. He has been involved in all aspects of practice before the U.S. Patent and Trademark Office, including patent appeals, reissues and reexamination proceedings. David has instructed courses involving claim drafting for patent applications and is a periodic guest lecturer on intellectual property topics at the DePaul University Kellstadt Graduate School of Business.
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