Minnesota Law Review
Throughout most of the history of the antitrust laws, the relationship between antitrust laws and patent, copyright, and other intellectual property laws has been a subject of controversy. The courts have sometimes allowed intellectual property law to trump antitrust law, and at other times they have done the opposite. One would think that, given the over one-hundred-year period the Sherman Act has been on the books, the relationships between these two sets of laws would be settled by now. Yet, as recent litigation in the Federal, Ninth, and District of Columbia Circuits demonstrates, the antitrust/intellectual property interface remains as troubled and unsettled as ever. 1
Daniel J. Gifford, Antitrust's Troubled Relations with Intellectual Property, 87 Minn. L. Rev. 1695 (2003), available at http://scholarship.law.umn.edu/faculty_articles/327.