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Competition Bureau

SEPs and the Swinging Pendulum

SEPs and the Swinging Pendulum

American IP scholar Mark Lemley aptly characterized the dynamic relationship between IP and competition law as a swinging pendulum, in which antitrust enforcement of IP has cycled from under-protection to over-protection since the enactment of the Sherman Act in 1890. The United States Supreme Court’s recent affirmation of antitrust scrutiny in patent litigation indicated that […]