Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Wednesday, November 14, 2007

Amicus Brief for American Antitrust Institute in Quanta Case

Posted by Shubha Ghosh

Linked here is an amicus brief filed by the American Antitrust Institute in the Quanta v LG Electronics case, in which the Court is reviewing the conditional sale doctrine created by the Federal Circuit as a limitation on the first sale doctrine (aka patent exhaustion).  The brief makes the point that the first sale doctrine promotes competition, and the conditional sale doctrine limits the first sale doctrine in a way that expands the rights of the patent owner in an anti-competitive way.  As a matter of disclosure, I was one of the co-authors of the brief.  Here it is:  Download 06937tsacamericanantitrustinstitute.pdf

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