finless
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"The Federal and Ninth Circuits agree that “intellectual property rights
do not confer a privilege to violate the antitrust laws.” 40 In Kodak , the Ninth
Circuit noted that “two principles have emerged regarding the interplay
between these [antitrust and intellectual property] laws: (1) neither patent nor copyright
holders are immune from antitrust liability, and (2) patent and copyright holders may refuse to
sell or license protected work.”41
1 In 1994, Xerox settled an antitrust suit brought against it by a class of ISOs. Under the settlement, Xerox suspended its parts policy for 6 1/2 years and agreed to license its diagnostic software to ISOs for 4 1/2 years.
Bob
do not confer a privilege to violate the antitrust laws.” 40 In Kodak , the Ninth
Circuit noted that “two principles have emerged regarding the interplay
between these [antitrust and intellectual property] laws: (1) neither patent nor copyright
holders are immune from antitrust liability, and (2) patent and copyright holders may refuse to
sell or license protected work.”41
1 In 1994, Xerox settled an antitrust suit brought against it by a class of ISOs. Under the settlement, Xerox suspended its parts policy for 6 1/2 years and agreed to license its diagnostic software to ISOs for 4 1/2 years.
Bob
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