Date of Award

6-2014

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

This dissertation presents an analysis of patent system and antitrust law issue in OLED (Organic Light Emitting Diode) display industry focusing on the patent strategy for securing technologies and materials. Material patent holders of multinational companies wielding great market power in OLED industry have pursued a variety of strategic patenting including combination inventions and broadly claimed inventions to maintain their competitive position by extension of the market exclusively beyond the legitimate scope initially granted by the patent within the current regulatory framework. Recently, their questionable patents have been challenged through patent invalidation trials brought by prospective infringers, claiming that the strategic patenting may block competitors’ exploitation of its own invention, and thus inhibit competitors’ entry. Virtually, the dominant firms’ such anticompetitive conducts have triggered antitrust scrutiny as predatory innovation and patent misuse concerns by preventing free competition between material competitors and panel manufactures in OLED industry, thereby adversely affecting consumer’s welfare to enjoy high quality and cheap products.

To achieve ultimate common goal of patent law and antitrust law, this dissertation discusses: how to establish uniform and effective patent system to differentiate true improved invention from predatory innovation; and how to discourage anticompetitive predatory innovation and patent disputes in OLED industry. This dissertation is the research on the new attempt of application of US Antitrust Law to predatory innovation found in OLED industry and reinforcement of antitrust regulatory influence on the patent system.

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