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[DMCA-Activists] Pubpat: SCOTUS Briefs on Patent Holders Stopping Compet
From: |
Seth Johnson |
Subject: |
[DMCA-Activists] Pubpat: SCOTUS Briefs on Patent Holders Stopping Competition |
Date: |
Fri, 30 Sep 2005 16:12:07 -0400 |
-------- Original Message --------
Subject: PUBPAT News: PUBPAT FILES BRIEFS WITH SUPREME COURT IN
CASES INVOLVINGTHE EXTENT TO WHICH PATENT HOLDERS ARE ALLOWED TO
ELIMINATE COMPETITION
Date: Fri, 30 Sep 2005 11:21:05 -0400
From: Public Patent Foundation <address@hidden>
To: PUBPAT News List <address@hidden>
PUBPAT FILES BRIEFS WITH SUPREME COURT IN CASES INVOLVING THE
EXTENT TO WHICH PATENT HOLDERS ARE ALLOWED TO ELIMINATE
COMPETITION
NEW YORK -- September 30, 2005 -- The Public Patent Foundation
("PUBPAT") filed briefs with the United States Supreme Court this
week in two separate cases involving the use of patents to
destroy competition. The first brief, filed Wednesday with
coauthors AARP and Consumer's Union, involves the leveraging of
a patent through tying arrangements to retrain competition in
markets for goods not covered by the patent. The second brief,
filed today in support of the Federal Trade Commission,
addresses the collusive settlement of a patent infringement
lawsuit whereby a potential competitor agrees not to enter the
market in exchange for a payment from the patent holder.
In two separate cases this term, the Supreme Court is being
asked whether having a patent means you have free reign to
destroy competition any way you see fit," said PUBPAT Executive
Director, Dan Ravicher. "In one case you have a patent holder
forcing people to buy something they don't want or need and in
the other you have two pharmaceutical companies conspiring to
share the profits from only one of them selling a drug instead
of having to compete with one another. Such anti-competitive
behavior disregards the fundamental American principle of a fair
marketplace where consumers benefit from greater choice and
lower prices."
The joint AARP, PUBPAT and Consumer's Union brief, filed in the
case Illinois Tool Works Inc. v. Independent Ink, Inc.,
identified for the Court the growing trend in the pharmaceutical
industry of so-called combination pills that combine a patent
protected drug with another drug not covered by a patent that
would otherwise be subject to full competition. By selling a
patented drug only as part of a combination pill, pharmaceutical
companies force patients to purchase their version of the
unpatented drug, regardless of whether it is the safest or most
effective version that is available to them. Today's brief, filed
in Federal Trade Commission v. Schering-Plough Corp.,
highlighted for the court the fact that no patent gives its
owner the right to exclude from the marketplace all products.
As such, the lower court's assumption that a patent owner will
be successful in asserting its patent against any given product
was wrong and will, if left uncorrected, be harmful to America's
competition-based economy.
More information about PUBPAT's briefs to the United States
Supreme Court, including complete copies of the briefs, can be
found at http://www.pubpat.org/Educating_and_Advocating.htm.
Contact:
Jill Ratkevic, Bite Communications: (415) 365-0482;
address@hidden
About PUBPAT:
The Public Patent Foundation ("PUBPAT") is a not-for-profit
legal services organization working to protect the public from
the harms caused by the patent system, particularly the harms
caused by wrongly issued patents and unsound patent policy.
PUBPAT provides the general public and those specific persons or
businesses otherwise deprived of access to the system governing
patents, with representation, advocacy, and education. To be
kept informed of PUBPAT News, subscribe to the PUBPAT News List
by sending an email with "subscribe" in the subject line to
address@hidden To be removed from the PUBPAT News
List, send an email with "unsubscribe" in the subject line to
address@hidden
###
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