Innovation and Competition Policy, Chapter 7 (2d ed): Intellectual Property Misuse

75 Pages Posted: 13 Oct 2011 Last revised: 23 Apr 2013

Herbert J. Hovenkamp

University of Pennsylvania Law School

Date Written: November 25, 2012


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 differs from IP/antitrust casebooks in that 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 Chapter 7, second edition, which addresses IP misuse and related doctrines.

Keywords: patents, competition, antitrust, copyright, misuse, leverage, foreclosure, royalties

Suggested Citation

Hovenkamp, Herbert J., Innovation and Competition Policy, Chapter 7 (2d ed): Intellectual Property Misuse (November 25, 2012). Available at SSRN: or

Herbert J. Hovenkamp (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
319-512-9579 (Phone)

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