Harmonizing Competing Legal Theories in Patent Law, Antitrust Law and the First Amendment
SMC Affiliated Work
School of Economics and Business Administration
Management and Entrepreneurship
Publication / Conference / Sponsorship
Journal of Legal, Regulatory and Ethical Issues
The Supreme Court held in Walker Process Equip. Co. v. Food Mach. & Chem. Corp. (1965) (Walker Process) that enforcement of a patent procured by fraud on the U.S. Patient and Trademark Office can violate Section 2 of the Sherman Act. However, Walker Process left open who had standing to sue and the burden of proving such a claim. Recently, appellate courts have made large sweeping rulings on these issues. The author suggests that this trend has departed from the language of Walker Process, which left open the ability of lower courts to create nuanced rulings to reflect an effective melding of the jurisprudential theories underlying patent law, antitrust law, and the First Amendment.
Patent infringement, Trademarks, Antitrust law, Patent law, Property rights
Business | Economics | Law
O’Brien, M. (2015). Harmonizing Competing Legal Theories in Patent Law, Antitrust Law and the First Amendment. Journal of Legal, Regulatory and Ethical Issues, 18(2), 39-54.
O’Brien, Michael. Harmonizing Competing Legal Theories in Patent Law, Antitrust Law and the First Amendment (2015). Journal of Legal, Regulatory and Ethical Issues. 18 (2), 39-54. [article]. https://digitalcommons.stmarys-ca.edu/school-economics-business-faculty-works/140