Two federal courts differ on whether a company has the right to refuse to deal with a company, and the rulings may affect the FTC's case against Intel Corp
Article Abstract:
Appellate courts and also the FTC have had different answers to whether the refusal of a patent license is also an antitrust violation. In a case against the Eastman Kodak Co the US Court of Appeals for the 9th Circuit ruled that a refusal to license could form the basis for an antitrust violation if a jury found it to be pretextual. A federal district court rejected this argument in a case against the Xerox Corp, reaffirming the right of an intellectual property owner to refuse a license. It is difficult to predict the likelihood of the FTC's success against Intel since courts have reached different conclusions on this issue.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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UCC 2B could result in ambiguous IP rights; the draft's failure to cover all forms of IP licenses may lead to disparate ownership rules
Article Abstract:
The application of the draft of revised UCC 2B's transferability rules to trademark licensing, with an eye toward the difference between copyrights and trademarks, show's the revision's failure to adequately assess each kind of intellectual property. Art. 2B transferability rules conform to copyright law but not to trademark law, to the detriment of trademark owners. The article's rules regarding ownership and rights in intellectual property could be inconsistent and ambiguous in their final draft without further consideration.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Increasing value of agbiotech IP sparks turf wars; a spurt of suits and mergers in the agricultural industry stems from its prized plant patents
Article Abstract:
The growing profitability of the engineered plants industry will mean the courts will see increased litigation over the allocation of intellectual property. The frequent acquisitions in the agricultural biotechnology industry could also trigger antitrust claims and Justice Department investigations. Start-up businesses will still endure, and such businesses should take a pragmatic approach with their intellectual property, asking themselves if their technology is such that it can compete against the large companies.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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