George Priest has described the economic analysis of the patent system as" one of the least
productive lines of inquiry in all of economic thought." 1 In spite of abundant scholarship on …

The interplay between patent and antitrust laws over the years has at best been strained, at
worst non-existent. 1 Through this entire century Congress and the courts have struggled to …

The conflict between antitrust law and patent policy has incessantly perplexed courts and
commentators. In this Article, Professor Kaplow develops and analyzes a conceptual …

Specialists in patent law and antitrust law have become increasingly aware of the
interactions of patent and antitrust policies. The view that these two sets of laws intrinsically …

AMONG the many reasons why some do not hold antitrust law in the highest esteem is a not
uncommon belief that antitrust may significantly interfere with technological progress. It has …

The patent system has been viewed by economists as a tradeoff between the incentives
created for the production of inventions and the losses im-posed by the temporary monopoly …

In patent litigation, the defense of inequitable conduct to a claim of patent infringement
authorizes a court to render an otherwise valid patent unenforceable if the accused infringer …

It is commonly asserted dogma that no antitrust problem can arise from the exploitation of
restrictions inherent in the legal patent monopoly.'The catalogue of these restrictions varies …

* Briggs and Morgan Professor of Law, Solly Robins Distinguished Research Fellow,
University of Minnesota Law School. I would like to thank, for their comments and criticism of …

Of the two most recent legislative proposals dealing with patent misuse, HR 4086 and S.
1200, the House bill, HR 4086, is superior for two reasons: a. It states much clearer and …