To those of us who breathe intellectual property and innovation, it sounds so obvious to say that consumers benefit greatly from the dynamic competition inventions and IP bring forth: new products, technologies and industrial sectors. However, many who breathe antitrust hold a different perspective — it presumes a patent confers market power, that commercialization amounts to anticompetitive conduct and that the right to exclude is equivalent to monopolization by incumbent players in a static market. Assistant Attorney General for Antitrust Makan Delrahim, who left the U.S. Department of Justice (DOJ) with the changeover of administrations, bridged this gulf. Delrahim achieved this due to his background as both patent attorney and antitrust lawyer. Delrahim offered a framework he calls the New Madison Approach. The New Madison Approach advanced through the division’s amicus program.
Litigation
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- Federal Circuit Upholds Albright’s Ruling on Denial of Transfer for GM
- High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel
- Albright Gets OK from CAFC on Denial of Transfer for Amazon
- This Year is Poised to Be a Landmark One for Tattoo Copyright Litigation
Recent Posts
- SCOTUS Sustains Blow to Patent Prosecution Practice in Denying Juno v. Kite Rehearing
- Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad
- An Alternative to Claim Mirroring in Initial Patent Application Filing
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- New Federal Law and FTC Rule Will Imperil Trade Secret Protection