Enjoining Injunctions: The Case Against Antitrust Liability for Standard Essential Patent Holders Who Seek Injunctions

Enjoining Injunctions: The Case Against Antitrust Liability for Standard Essential Patent Holders Who Seek Injunctions

Douglas Ginsburg, Senior Circuit Judge, U.S. Court of Appeals, D.C. Circuit; Professor of Law, George Mason University, Taylor Owings, and Joshua Wright, Commissioner, Federal Trade Commisson; Professor of Law, George Mason University

10/29/2014
(Original Publish Date: 2014)

Douglas Ginsburg, Taylor Owings, and Joshua Wright challenge the use of antitrust law to prohibit standard essential patent holders from pursuing injunctions against potential infringers. They argue that antitrust enforcement is unnecessary to protect consumer welfare in these matters and may discourage participation by patent holders in procompetitive standard setting.