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The FTC and IP

As a follow-up to yesterday's post on the intersection of intellectual property and antitrust, I received the following feedback from Steve Lozan:

Since 1996 the FTC has affirmed every major decision that their Administrative Law Judge has decided except in three instances. Each case was a patent case. The FTC hates IP, hates patent continuations, and thinks that any IP that harms competition should be placed in the public domain.

Of the three cases…

  • Schering won their appeal
  • Unocal was forced to settle to consummate a merger
  • Rambus has filed appeal in DC circuit - FTC response brief due November 21st

See Download FTC-decisions.pdf  for case list.

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