In Kimble v. Marvel, the Supreme Court reaffirmed its oft-criticized holding in Brulotte v. Thys Co. that charging post-expiration patent royalties is per se misuse. In doing so, the Court distinguished between patent and antitrust precedent, holding that interpretations of the Patent Act enjoy a “superpowered form of stare decisis.” Joanna Tsai is a panelist during this webinar.
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Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...