The press has been reporting that the U.S. Federal Trade Commission has completed its in-depth 19-month investigation of Google and decided not to take action on the allegation that Google “intentionally manipulates search results to harm competitors.” For the last year and a half, Google’s corporate rivals have bellowed about the company’s supposed “abuses,” and…
One of the critical obstacles to our innovation economy are patent trolls or Patent Assertion Entities (“PAE”) which acquire patents simply to bring patent litigation and effectively tax innovation. PAEs exploit numerous problems in our legal system including the expense and uncertainty of patent litigation, the excessive granting of patents in the high-tech space, the…
The press is reporting that FairSearch and the other Google opponents have trotted down Pennsylvania Avenue to the Department of Justice Antitrust Division asking them to take over the antitrust investigation of search now that the Federal Trade Commission is poised to close its investigation. Although it’s Christmas time and we all like Christmas shopping,…
Reports are circulating that the Federal Trade Commission (FTC) is having doubts about its antitrust case against Google. This is not surprising. There are many hazards of a case against Google, including the difficulty in identifying consumer harm, the logical paradox of “search neutrality,” and the inappropriateness of expanding “duty to deal” case law. And…
Since the advent of antitrust enforcement in the United States through the Sherman Act in 1890, antitrust law and patent law have endured an uneasy relationship. Initial cases treated patents as superior to competition. Patentees once were “the owner of a monopoly recognized by the Constitution and by the statutes of Congress.” Gradually throughout the…
The press is on fire with dozens of stories that the FTC appears poised to sue Google for alleged anticompetitive conduct in search (and the possibility that any case may be settled). There certainly is no lack of well-paid advocates for aggrieved rivals ready to spin claims that Google is the next Microsoft and that…
One of the most complex and daunting challenges facing competition regulators is the evolving intersection of antitrust and intellectual property law. Given that both antitrust law and patent law seek to enhance consumer welfare and promote innovation, but do so through very different mechanisms, it is natural for regulators to struggle when harmonizing monopoly-granting patent…
Some of the most high-profile competitive disputes involve both intellectual property (IP) and antitrust law. Prudent IP lawyers know the value of securing antitrust advice, especially when dealing with potential transactions or potential litigation. IP lawyers should seek out the advice of their antitrust colleagues in order to avoid antitrust pitfalls in the following 12…
Recently the DOJ announced its approval, with conditions, of the complex set of commercial agreements entered into by a cadre of cable companies (Comcast, Time Warner Cable, Bright House Networks, and Cox Communications) and Verizon Wireless, 55 percent of which is owned by the cadre’s competitor Verizon Communications. While some may try to portray the…
The patent wars have become a real drag on the economy. A recent study estimated that the direct cost of patent trolls, firms that use patents solely as a source of securing revenue from litigation, exceeded $29 billion. The real costs in litigation: delayed innovation and loss of consumer choice are even greater. Now, the…
