Misuse of dominant position in patent enforcement
Author
Summary, in English
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.
Department/s
Publishing year
2010
Language
English
Full text
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Document type
Conference paper
Topic
- Law
Keywords
- abuse of dominance
- fraud on the PTO
- vexatious litigation
- civilrätt
- private law
- competition law
- konkurrensrätt
Conference name
Licensing Executive Society,
Conference date
0001-01-02
Status
Unpublished