Title

Harmonizing Competing Legal Theories in Patent Law, Antitrust Law and the First Amendment

SMC Affiliated Work

1

Status

Faculty

School

School of Economics and Business Administration

Department

Management and Entrepreneurship

Document Type

Article

Publication Date

2015

Publication Title

Journal of Legal, Ethical and Regulatory Issues

Description/Abstract

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.

Keywords

Patent infringement, Trademarks, Antitrust law, Patent law, Property rights

Scholarly

yes

Peer Reviewed

1

Volume

18

Issue

2

First Page

39

Last Page

54

Disciplines

Business | Economics | Law

Original Citation

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.

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