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Description
September 16, 2009
Publication Date
9-16-2009
Recommended Citation
New York Law School, "The Strategic Acquisition and Enforcement of Patents and Competition Law" (2009). Institute for Information Law and Policy at NYLS (Event Posters). 5.
https://digitalcommons.nyls.edu/iilp/5
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.