Seventh Circuit Review


In a day when companies invest millions of dollars in research and development and the United States Patent and Trademark Office grants upwards of 140,000 utility patents per year, intellectual property rights are more powerful than ever before. Yet, protecting competition and consumer welfare through the antitrust laws is equally important to our country’s economy. Unfortunately, in Schor v. Abbott Laboratories, the Seventh Circuit let antitrust considerations fall by the wayside at the expense of upholding patent rights. In order for the antitrust and patent laws to achieve this mutual goal of protecting consumers by promoting competition, they must each be applied evenhandedly. This Comment will present an approach that the Seventh Circuit should have adopted that would appropriately address the concerns of both the patent and antitrust laws.

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