Document Type

Article

Publication Title

Berkeley Technology Law Journal

Abstract

Utilizing a privateering competitive strategy, firms sponsor the assertion of intellectual property (“IP”) claims by third parties (patent assertion entities and others), with the ultimate objective of raising of rival competitors’ costs. This Article tells the privateering story with respect to both desktop and mobile operating systems competition. It begins with Microsoft’s funding of litigation against Linux—a threat to Microsoft’s desktop operating system monopoly—and continues to an analysis of recent competition in the smartphone space. The Article raises potential competitive concerns and related antitrust and IP enforcement issues.

First Page

85

DOI

https://doi.org/10.15779/Z38S46H60K

Volume

33

Publication Date

2018

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