Innovation markets: new wine in old bottles?

Article Abstract:

The innovation market approach to mergers announced by the Federal Trade Commission and the Dept of Justice is based on a specious analogy to price-based merger analysis and appears to be an attempt to expand the grounds for merger enforcement. Markets for innovation, as characterized by enforcers, do not actually exist, and decreases in research and development expenditures pursuant to a merger may be economically efficient, benefitting consumers through lower prices. The innovation market approach may also be difficult to reconcile with acquisitions of patent rights.

United States, Economic aspects, Laws, regulations and rules, Acquisitions and mergers, Technological innovations

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Antitrust and res judicata considerations in the settlement of patent litigation

Article Abstract:

Settlement of patent suits requires attention to issues of res judicata and antitrust law. Res judicata involves proper drafting of the settlement so that future suits are prevented. Antitrust issues include the application of the Clayton Act's Section Seven to sales or uses of licenses. Other antitrust aspects to consider are license term limits and anticompetitive enforcements or accumulations arising from the settlement. There has been inadequate commentary on relevant antitrust case law precedents or res judicata consent decrees, so practitioners must be careful.

Analysis, Patent law, Res judicata

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