Antitrust and Intellectual Property Law

This course considers the intersection of antitrust and intellectual property (IP) law. Reconciling the two bodies of law is often a challenging task. IP law confers legal monopolies that sometimes create economic power, yet the purpose of antitrust law is to control the creation and exercise of economic power. The course considers several issues, including the important role that innovation and intellectual property play in a competitive economy, market definition and innovation markets, tying and bundling of IP rights, refusals to license IP, deceptive conduct before standard setting organizations, patent pools and package licensing, and pharmaceutical patent settlements involving reverse payments. Although neither antitrust nor an IP law course is a prerequisite, and the course will begin with primers on both bodies of law, students may benefit from prior exposure to one or both areas. The course will be graded on the basis of class participation and analysis papers; however, it may be possible to use it for satisfaction of the writing requirement, after negotiation with the professor. Students who are interested in using the course to satisfy the writing requirement should begin searching for topics in the semester prior to taking the course.
Credits: 2

Type: SEM