Introduction

• Author: Bradford P. Lyerla
• Pages: 1-4

1

chapter 1

Introduction

I. Overview of Intellectual Property and Antitrust Law

This book is about the intersection of intellectual property law and anti-

trust law. It is a busy intersection and there is no reason to think that the

heavy traffic will abate anytime soon. In the past year alone, Congress,

regulators, and courts have all made significant statements affecting the

historical balance between the competing policies underlying intellectual

property and antitrust law. It may be that we now are in the midst of

restriking that balance. Time will tell.

This book is a snapshot. This, the inaugural edition, focuses on devel-

opments in intellectual property and antitrust law that have occurred in

the past 24 months. It is expected that this book will be followed by bian-

nual editions that will focus on new developments in intellectual property

and antitrust law. There is every reason to believe that the law in these

areas will continue to develop rapidly, and this book is intended to help the

intellectual property practitioner remain informed on recent developments

and the numerous ways in which antitrust law limits, disciplines, and

counterbalances intellectual property law and vice versa.

This is not a treatise. This book is aimed at intellectual property law-

yers and it is not encyclopedic. There are numerous issues in antitrust law

that are not addressed here. Just as there are many important intellectual

property topics that are not addressed here. The subject matter of this book

is limited to where the two overlap, and outcomes for clients will be directly

affected by the interplay between intellectual property and antitrust law.

This book is organized into five chapters. Chapters 2, 3, and 4 examine

IP-antitrust issues broadly, from procurement and acquisition to licensing

and enforcement. Chapter 5 discusses the unique antitrust issues that arise

under the Hatch-Waxman Act regarding disputes between brand-name and

generic drug companies, while Chapter 6 focuses on antitrust issues affect-

ing the enforcement of IP adopted by a standard-setting organization.

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