University of Pennsylvania Law School

August 2017
Hovenkamp, Herbert

Reasonable Patent Exhaustion

A lengthy tug of war between the Supreme Court and the Federal Circuit Court of Appeals may have ended when the Supreme Court held that the sale of a patented article exhausts the patentee seller’s rights to enforce restrictions on that article through patent infringement suits. Further,...Read More

August 2017
Hovenkamp, Herbert

Antitrust and the Design of Production

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much...Read More