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EU / US Patent Settlements: An overview of leading cases

1. Introduction 1.1 In October 2013, the authors penned a foreword to a special edition of Concurrences on patent settlement agreements. 1.2 A lot has happened since that foreword was published. The European Commission (“Commission”) has issued – and published – infringement decisions in a number of the high profile cases that were outstanding two years ago. National competition authorities in the EU’s Member States, relying upon powers under the decentralised enforcement regime created by Regulation 1/2003, have taken action against patent settlement agreements. And private litigants have begun actively seeking compensation for losses alleged to have been caused by patent settlement agreements. 1.3 But, notwithstanding these significant developments, the EU Courts are still to

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Patrick Harrison, Kristina Nordlander, EU / US Patent Settlements: An overview of leading cases, 21 January 2016, e-Competitions Patents Settlements, Art. N° 58749

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