In short: quite a few! Sophie Lawrance, Katie Cambrook and Helena Connors lead this penultimate episode in our podcast series on the competition law issues arising in relation to patent settlement agreements. In this episode, they look ahead and discuss some of the outstanding points which may arise in the context of patent settlement agreements but which have not yet arisen in any of the cases to have come before the European courts. Is it acceptable, from a competition law perspective, for parties to a patent settlement agreement to enter into a licence agreement at the same time? What if that licence grants early or partial entry to alternative markets? Does the type of patent at issue affect the analysis?
If you missed it, listen to our third episode: Identifying the relevant market & how to tell if patentees and potential infringers are competitors