Patent Misuse And Antitrust Law Empirical, Doctrinal and Policy Perspectives

‘The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim’s timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.’
– John Richards, Partner, Ladas & Parry, LLP

‘Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law. . . A second and related feature is Professor Lim’s excellent use of historical narratives to show how patent misuse concepts have developed over time. . . A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law.’
– From the foreword by William E. Kovacic, former Chairman of the Federal Trade Commission and Global Competition Professor of Law and Policy, George Washington University Law School, US