Antitrust and the first-sale doctrine - santa clara law
12 pages - 1.9 MB
Applicability of the robinson-patman act which prohibits price discrimination among competing dealers, but applies only to transactions in goods.
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Antitrust and the First-Sale Doctrine Catherine J.K. Sandoval Associate Professor Santa Clara University School of Law First-Sale Doctrine Conference, November 2010 IP Roots of the First-Sale Doctrine The first-sale doctrine prohibited a patentee from using the patent laws to enforce restrictions on a patented good once the good had been sold. First-sale doctrine restriction codified for copyright law Roots in doctrine prohibiting restraints against alienation Resale Price Maintenance Resale Price Maintenance (RPM) had been per se illegal for nearly 100 years under Dr. Miles In Leegin in 2007 the Supreme Court changed the standard for reviewing RPM arrangements to rule of reason RPM is not per se reasonable, must meet applicable standard Conflicts between IP Rights and Antitrust Laws Do the restrictions imposed by the IP holder fall within the scope of IP rights? If the IP holder is trying to impose restrictions outside of the scope of its rights, this may raise antitrust law i...
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