Antitrust & Competition Policy Blog

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

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Wednesday, June 5, 2013

Patent Assertion Entities and Antitrust: Operating Company Patent Transfers

Posted by D. Daniel Sokol

Mark S. Popofsky and Michael D. Laufert (Ropes and Gray) discuss Patent Assertion Entities and Antitrust: Operating Company Patent Transfers.

ABSTRACT: The power of a patent can depend on its holder. In one set of hands, a patent might play a defensive role, warding off suits by similarly armed competitors. But when placed in another’s, the same patent can serve as a weapon for extracting royalties from inadvertent infringers or for raising rivals’ costs. In short, much like the theory of relativity, the ability and incentive to assert a patent can turn on the positions rights holders and enforcement targets occupy.

http://lawprofessors.typepad.com/antitrustprof_blog/2013/06/patent-assertion-entities-and-antitrust-operating-company-patent-transfers.html

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