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Carte Blanche, Quanta, & Competition

35 Pages Posted: 6 Mar 2009  

Shubha Ghosh

Syracuse University College of Law

Date Written: March 6, 2009

Abstract

This paper, prepared for a symposium by the Journal of Corporation Law at The University of Iowa College of Law, analyzes the Supreme Court's 2008 decision in Quanta v. LG Electronics, which deals with the first sale doctrine and patent exhaustion. The author shows that the Quanta decision follows a line of cases in which the Supreme Court was recognizing norms of competition in interpreting and applying intellectual property doctrine. The paper makes the case for recognizing intellectual property law as a type of competition policy, complementing antitrust law.

Keywords: Intellectual Property, Antitrust, Jurisprudence, Supreme Court

Suggested Citation

Ghosh, Shubha, Carte Blanche, Quanta, & Competition (March 6, 2009). Available at SSRN: https://ssrn.com/abstract=1354624 or http://dx.doi.org/10.2139/ssrn.1354624

Shubha Ghosh (Contact Author)

Syracuse University College of Law ( email )

900 S. Crouse Avenue
Syracuse, NY 13244-2130
United States

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