Patent Misuse

An antitrust issue arises when a patentee allegedly extends the scope of a patent to attempt to exclude competitors or otherwise restrict competition.  Like other monopolization claims, assessing conduct and damages requires evaluating market definition and power, the likelihood of success, and antitrust injury.  Remedies can include damages but may also lead to unenforceablilty of the accused patent.


Substantial case engagements to provide testimony and consulting on behalf of plaintiffs and defendants evaluating conduct and damages in cases alleging patent misuse in many industries, including the following.

 diabetes test strips

laser eye surgery


music streaming

smartphone chipsets

telecom equipment

semiconductor manufacturing