Antitrust Column & Publications

Supreme Court: Patent Settlements Must Face Antitrust Scrutiny

Date: 07/18/13

Source: The New York Law Journal. Reprinted with permission.

The U.S. Supreme Court ruled that “reverse payment” settlements of patent disputes could be unlawful, rejecting the view that restrictions within the “scope of the patent” could not violate antitrust law. The Supreme Court also decided that courts must enforce a contractual provision prohibiting class arbitration despite the contention that the cost of pursuing individual antitrust claims exceeded the likely recovery, effectively deterring the vindication of statutory rights.

Supreme Court - Patent Settlements Must Face Antitrust Scrutiny.pdf (pdf | 235.20 KB )