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14 - Walker Process and Sham Litigation

from Part III - Monopolization

Published online by Cambridge University Press:  04 May 2017

Roger D. Blair
Affiliation:
University of Florida
D. Daniel Sokol
Affiliation:
University of Florida
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Publisher: Cambridge University Press
Print publication year: 2017

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References

Areeda, Phillip and Hovenkamp, Herbert. 1997. Antitrust Law. New York: Wolters Kluwer.Google Scholar
Daniel, B. D. 2009. Walker Process Proof: The Proper Prescription. Rutgers Law Journal, 41, 105–61.Google Scholar
FTC staff Report. 2006. Ohlhausen, Maureen K. et al. 2006. Enforcement Perspectives on the Noerr-Pennington Doctrine: An FTC Staff Report.Google Scholar
Himes, Jay. 2009. When Caught with Your Hand in the Cookie Jar … Argue Standing. Rutgers Law Journal, 41, 187228.Google Scholar
Hovenkamp, Herbert, Janis, Mark, Lemley, Mark, and Leslie, Christopher. 2014. IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law. 2nd. edn. New York: Wolters Kluwer.Google Scholar
Leslie, Christopher. 2006. The Anticompetitive Effects of Unenforced Invalid Patents. Minnesota Law Review, 91, 101–83.Google Scholar
Leslie, Christopher. 2007. The Role of Consumers in Walker Process Litigation. Southwestern Journal of Law & Trade in the Americas, 13, 281312.Google Scholar
Leslie, Christopher. 2008. Patents of Damocles. Industrial Law Journal, 83, 133–79.Google Scholar
Meyer, David and Thayamballi, Fabien. 2014. Do First Amendment Principles Limit the Antitrust Agencies’ Ability to Prohibit Enforcement of Standards-Essential Patents? Competition: Journal of the Antitrust and Unfair Competition law Section of the State Bar of California, 23, 142–55.Google Scholar
Steinman, David and Fitzpatrick, Danielle. 2002. Antitrust Counterclaims in Patent Infringement Cases: A Guide to Walker Process and Sham-Litigation Claims. Texas Intellectual Property Law Journal, 10, 95109.Google Scholar
Tokic, Stijepko. 2012. Enforcing the Duty of Disclosure After Therasense: Antitrust Implications. American Intellectual Property Law Association Quarterly Journal, 40, 221–65.Google Scholar

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