Misuse of dominant position in patent enforcement
(2010) Licensing Executive Society,- Abstract
- The Commission and the CFI stretched out in order to find that AZ abused its dominant position. It would have been interesting if the investigation had focused on whether AZ, in bad faith actually used its SPC in order to prevent competitors entry into the market. There were indications to that effect in the Commission decision, but the judgment did not discuss them. It remains to be seen whether the matter will be appealed. The lessons from Microsoft makes such an appeal more likely.
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/4023307
- author
- Lidgard, Hans Henrik LU
- organization
- publishing date
- 2010
- type
- Contribution to conference
- publication status
- unpublished
- subject
- keywords
- abuse of dominance, fraud on the PTO, vexatious litigation, civilrätt, private law, competition law, konkurrensrätt
- conference name
- Licensing Executive Society,
- conference dates
- 0001-01-02
- language
- English
- LU publication?
- yes
- id
- 0106d5c3-2c12-4ded-be3b-99e8c6c08531 (old id 4023307)
- date added to LUP
- 2016-04-04 14:03:54
- date last changed
- 2018-11-21 21:18:04
@misc{0106d5c3-2c12-4ded-be3b-99e8c6c08531, abstract = {{The Commission and the CFI stretched out in order to find that AZ abused its dominant position. It would have been interesting if the investigation had focused on whether AZ, in bad faith actually used its SPC in order to prevent competitors entry into the market. There were indications to that effect in the Commission decision, but the judgment did not discuss them. It remains to be seen whether the matter will be appealed. The lessons from Microsoft makes such an appeal more likely.}}, author = {{Lidgard, Hans Henrik}}, keywords = {{abuse of dominance; fraud on the PTO; vexatious litigation; civilrätt; private law; competition law; konkurrensrätt}}, language = {{eng}}, title = {{Misuse of dominant position in patent enforcement}}, url = {{https://lup.lub.lu.se/search/files/6272050/4023315.pdf}}, year = {{2010}}, }