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September 16, 2009

Publication Date

9-16-2009

Comments

Many categories of strategic patenting occur in a form that appears to be legitimate profit-taking and a lawful adaptation by commercial practice to commercial realities. However, other strategic practices fit into a pattern of conduct that is prohibited by the competition laws. The purpose of this talk is to look at some examples of this type of strategic behavior such as: aggressive litigation strategy based on bad faith claims; misuse of patents in the pharmaceutical sector; patent ambushes; and patent flooding strategies.

The Strategic Acquisition and Enforcement of Patents and Competition Law

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