By Shridhar Jayanthi
The problem of patents being used in ways at odds with antitrust laws is very old. The conflict arises from the tension between the government-granted right to exclude competition provided by patents and the antitrust laws interests in preventing economic damages to society that are often a product of monopolies. This conflict is at the heart of the present dispute between the Federal Trade Commission (FTC) and Qualcomm (5:17-cv-00220, NDCA).
To understand the issues in this litigation, it is necessary to delve into how advanced technologies are commonly developed, and how that development impacts the licensing arrangements for intellectual property rights, such as patents. [Read more…] about When a Government Given Monopoly Becomes Antitrust: FTC v. Qualcomm