Innovation and Competition Policy, Chap. 4 (2d ed): Competition Policy and the Patent System

Herbert J. Hovenkamp

University of Iowa - College of Law

July 22, 2013

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective.

This document is the second edition of Chapter Four, which focuses on antitrust and the patent system, including the Walker Process doctrine and other issues relating to unreasonable enforcement, measurement of market power in patent monopolization cases, consumer standing to challenge improper patent exclusions, unreasonable and exclusionary uses of patent continuations and related devices. It also covers "pay for delay" settlements in cases involving pharmaceutical patents and the Hatch-Waxman Act, including the Supreme Court's 2013 Actavis decision, together with several notes and comments.

Number of Pages in PDF File: 104

Keywords: antitrust, patents, intellectual property, walker process, hatch-waxman, inequitable conduct

Open PDF in Browser Download This Paper

Date posted: October 4, 2011 ; Last revised: July 23, 2013

Suggested Citation

Hovenkamp, Herbert J., Innovation and Competition Policy, Chap. 4 (2d ed): Competition Policy and the Patent System (July 22, 2013). Available at SSRN: https://ssrn.com/abstract=1938310 or http://dx.doi.org/10.2139/ssrn.1938310

Contact Information

Herbert J. Hovenkamp (Contact Author)
University of Iowa - College of Law ( email )
407 Boyd Law Building
Iowa City, IA 52242
United States
319-335-9079 (Phone)
Feedback to SSRN

Paper statistics
Abstract Views: 5,678
Downloads: 1,705
Download Rank: 6,889