CASE COMMENTS : UNITED STATES – PRIVATE ENFORCEMENT – MONOPOLIZATION – INTELLECTUAL PROPERTY – PATENT HOLD-UP

United states: A Federal Court decides on patent hold-up in the context of standardisation agreements (Samsung / Apple)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Litigation under section 2 of the Sherman Act is an ideal terrain for appreciating the complex relationship between antitrust and intellectual property law (W. Kovacic, Intellectual Property Policy and Competition Policy, N.Y.U. Annual Survey on American Law, vol. 66, 2011, pp. 421 et seq.; H. Hovenkamp, M. Janis, M. Lemley and C. Leslie, IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition, Aspen Publishers 2011, pp. 191 et seq.). The fierce legal battle that Apple and Samsung have been waging in various fields for several years now provides a new illustration of this. In a judgment of October 18, 2011

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Jean-Christophe Roda, United states: A Federal Court decides on patent hold-up in the context of standardisation agreements (Samsung / Apple), 16 February 2012, Concurrences N° 1-2012, Art. N° 42407, pp. 239-241

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