ANTITRUST AND RES JUDICATA CONSIDERATIONS IN THE SETTLEMENT OF PATENT LITIGATION

Courts and commentators have long recognized that "patent litigation is a very costly process."1 It is also an area increasingly intertwined with antitrust, as assertions of anticompetitive conduct frequently are raised as counterclaims in patent infringement actions. The potential treble damages liability associated with such antitrust claims raises the already high financial stakes of most patent disputes. Under such circumstances, not surprisingly, parties to patent infringement disputes often find settlement to be a most cost-effective and expeditious course of action.2 Yet, in some cases, patent settlements trigger their own set of legal issues that merit careful scrutiny.