About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs


  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat #8 Overall Rank


« McRo, Inc. v. Square Enix, Inc. (C.D. Cal. 2014) | Main | IPO Releases List of Top 300 Patent Holders for 2014 »

June 30, 2015


These kinds of agreements have been challenged on AT grounds by the FTC, myself, and others for many years. Those who foolishly entered into them are now likely to suffer treble damage suits.

Dear Paul:

Perhaps, and perhaps rightfully so. But several cases before several courts of appeal did not think these agreements raised antitrust issues, and three members of the Court didn't think so, either. Remember that the FTC argued for years that these agreements were per se antitrust violations, while the Court was willing to go only so far as to say they may raise antitrust issues.

My point: it isn't as black (hat) and white (hat) as the FTC and others have argued, and I think treble damages would be a stretch, particularly for agreements that were entered into (such as this one) almost a decade ago.

Thanks for the comment.


I completely agree with Kevin that you've gone "overboard" in suggesting that such agreements are "foolish" and that treble damages are in play. If anything, it's the FTC that needs to be reigned in with it's outlandish suggestions that all reverse payment agreements are per se AT violations.

The comments to this entry are closed.

June 2024

Sun Mon Tue Wed Thu Fri Sat
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29