Intellectual Property Antitrust Protection Act of 1987: Hearing Before the Subcommittee on Technology and the Law of the Committee on the Judiciary, United States Senate, One Hundredth Congress, First Session, on S. 438 ... October 20, 1987U.S. Government Printing Office, 1989 - 279 sider |
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9th Cir accompanying text anticompetitive antitrust laws Antitrust Section apply bill business justification buyer cert Clayton Act companies competition competitors Congress consumers copyrighted product Data General Corp decision denied Digidyne Corp Dist existence Fortner GTE Sylvania GTE Sylvania Inc hospital Hyde illegal innovation intellectual property licensing intellectual property rights International Salt International Salt Co involving intellectual property Jefferson Parish Hosp legislation licensing agreements licensing arrangements Loew's manufacture market share monopoly N.D. Cal O'Connor patent misuse patent or copyright patent owner patented product patents and copyrights plaintiff presume market power presumption of market price-fixing procompetitive purchase question research and development restrictions rule of reason se rule seller Senator LEAHY Sherman Act Subcommittee sufficient economic power Supp supra note 45 Supreme Court tie-in trade secrets trademark treble damages tying arrangements involving tying product U.S. Steel uniqueness United unlawful unpatented
Populære avsnitt
Side 199 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, whether patented or unpatented...
Side 194 - From this standard evolved a rule of per se unreasonableness in certain situations. "[T]here are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use.
Side 193 - 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...
Side 70 - A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
Side 157 - Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable...
Side 172 - US 2, 16 (1984) (expressing the view in dictum that if a product is protected by a patent, "it is fair to presume that the inability to buy the product elsewhere gives the seller market power") with id.
Side 125 - US 320 (1961) (evaluating legality of exclusive dealing under section 1 of the Sherman Act and section 3 of the Clayton Act...
Side 70 - ... is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Side 103 - That case gives no support for a patentee, acting in concert with all members of an industry, to issue substantially identical licenses to all members of the industry under the terms of which the industry is completely regimented, the production of competitive unpatented products suppressed, a class of distributors squeezed out, and prices on unpatented products stabilized. We apply the "rule of reason" ... to efforts to monopolize through patents as well as in non-patent fields.
Side 19 - Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately [494 US 832] prior to the date of the judgment.