Doctrines onto patent law 4 in addition many scholars have advocated various harmonization approaches 5 these efforts too have failed to resolve the conflicts this piece argues that the deviations between patent law and antitrust law run far deeper than courts and commentators recognize. The interface between intellectual property law and competition is a challenging subject that is a relatively new one for me for a variety of reasons my individual private practice did not focus on patent antitrust issues one reason was that patent lawyers and antitrust lawyers tend to be . Americas leading patent law source search for updated the patent antitrust debate annotated july 23 2018 patent dennis crouch professor pattersons antitrust essay has been updated i had inadvertently posted a draft version. Over the years patent and antitrust law clashed in this area with patent law dominant early in the 20 th century antitrust law dominant in the middle of the century and a truce on the topic towards the end of the century. Judges in patent cases have begun relying on a style of decision making that is quite similar to antitrust laws distinction between per se rules and the rule of reason an antitrust rule that says a certain economic practice is per se invalid is cheap to administer but like many bright line rules can lead to errors
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