Firms defending against patent infringement claims often seek to fight back with counterclaims, including those based on the antitrust laws. This program described the types of antirust counterclaims brought in patent suits, drew lessons from the fate of antitrust counterclaims thus far brought in the smartphone wars, and explore potential claims against patent assertion entities. Our experienced panelists described the practical aspects of coordinating patent and antitrust litigation and the strategic decisions litigants confront.
