Richard Gilbert has a new article in the Stanford Tech Law Review discussing patent pooling and antitrust.
There is no simple prescription to determine when a patent pooling arrangement is anticompetitive. . . . Antitrust evaluations should begin with a study of the competitive relationships of the patents involved in the pool. Unfortunately, this is not a simple task. . . . If the pool combines many patents, each of which can block the use of a technology, a challenge to the pool is not likely to affect prices unless all of the blocking patents are shown to be invalid or not infringed.
JuNelle Harris Co-EIC of STLR emailed that they are seeking contributions for their “Perspectives” section:
STLR Perspectives features concise, readable analyses of cutting-edge technology law and policy issues. High quality, law-focused work by scholars, students, practitioners, and advocates is welcomed. Submissions should be no more than 15 pages in length, double-spaced and including footnotes, and will be considered on a rolling basis.