Tag Archive for Sherman Act

PAE’s Attempt to Manipulate Antitrust Laws Thwarted (for now?)

In March of last year a noted Patent Assertion Entity (“PAE”), Cascades Computer Innovation, turned the concept of anticompetitive use of patents on its head by filing an antitrust suit against five Android manufacturers who rejected an offer to license 38 patents for $5 million.  Cascades’ suit, filed in the Northern District of California against…

A History of Abuse

The U.S. patent system is almost as old as our country. The power to create patents was included in the constitution, and the first Patent Act was enacted in 1790. A lot of opponents of patent reform today argue that the length of the patent system in this country is indicative of its health as…

Why an Antitrust Lawyer Cares About Patent Reform

Since the advent of antitrust enforcement in the United States through the Sherman Act in 1890, antitrust law and patent law have endured an uneasy relationship.  Initial cases treated patents as superior to competition.  Patentees once were “the owner of a monopoly recognized by the Constitution and by the statutes of Congress.”  Gradually throughout the years…