Patent Licensing Reform Act of 1988: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, Second Session, on H.R. 4086 ... May 11, 1988U.S. Government Printing Office, 1989 - 406 sider |
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American Bar Association anticompetitive anticompetitive effects antitrust analysis antitrust laws Antitrust Section antitrust violation apply Article 85 bill claims commercial Commission common market competition Congress constitute misuse consumer copyright misuse Corp doctrine of patent dried grapes economic enforce European Communities Federal Circuit fraud fruit grant grantback illegal extension inequitable conduct infringement intellectual property Jefferson Parish KASTENMEIER legislation licensed invention licensed patents licensed product licensing arrangements licensing practices licensor manufactured market power misuse defense misuse or illegal No-no number obligation Official Journal parties patent law patent licensing agreements patent misuse doctrine patent owner patent rights patent system patented process patented product process patent proposed reform resale price maintenance research and development restrictions royalties rule of reason sultanas supra Supreme Court territories tie-ins Title trade Trademark tying arrangements tying product United unpatented product USPQ violates the antitrust Zenith Radio Corp
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Side 310 - States ... on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods ... of a competitor or competitors of the . . . seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
Side 310 - States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in...
Side 364 - No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following: (1) derived revenue from acts which if performed by another without his consent would constitute contributory infringement of the patent; (2) licensed or authorized another to perform acts which if performed without his consent would constitute contributory...
Side 113 - [application of the rigid 'no less restrictive alternative' test . . . would place an undue burden on the ordinary conduct of business. Entrepreneurs . . . would then be made guarantors that the imaginations of lawyers could not conjure up some method of achieving the business purpose in question that would result in a somewhat lesser restriction of trade. And courts would be placed in the position of second-guessing business judgments as to what arrangements would or would not provide 'adequate'...
Side 223 - This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
Side 225 - March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted...
Side 341 - To sustain a misuse defense involving a licensing arrangement held not to have been per se anticompetitive by the Supreme Court, a factual determination must reveal that the overall effect of the license tends to restrain competition unlawfully in an appropriately defined relevant market.
Side 75 - If misuse claims are not tested by conventional antitrust principles, by what principles shall they be tested? Our law is not rich in alternative concepts of monopolistic abuse; and it is rather late in the day to try to develop one without in the process subjecting the rights of patent holders to debilitating uncertainty.26 25.
Side 225 - ... the light of experience acquired so far, it is possible to define a category of licensing agreements covering all or part of the common market which are capable of falling within the scope of Article 85 (1) but which can normally be regarded as satisfying the conditions laid down in Article 85 (3...
Side 210 - July 1984 on the application of Article 85 (3) of the Treaty to certain categories of patent licensing agreements...