Arkansas Carpenters Health and Welfare Fund, Paper, A.F. of L., et al., petitioners v. Bayer AG and Bayer Corp., et al., respondents: on petition for a writ of certiorari to the United States Court of Appeals for the Federal Circuit : brief amici curiae of 54 intellectual property law, antitrust law, economics, and business professors, the American Antitrust Institute, the Public Patent Foundation, and AARP in support of the petitioner
Mark A. Lemley, John H. Barton, Arkansas Carpenters Health and Welfare Fund, Bayer AG., United States. Supreme Court
Counsel Press, 2009 - Law - 50 pages
The question presented is whether an agreement by a patent owner to pay a potential competitor not to enter the market is illegal per se, as the Sixth Circuit has held, is legal per se, as the Second and Federal Circuits have held, or should be judged under the antitrust rule of reason, as the Eleventh Circuit has held.
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Exclusion Payments Are Generally Anti
B The Federal Circuit Wrongly
Permitting Exclusion Payments
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