gull)â€œ ulluu llUluO u PuLullL U11 (.111 vullulLlullllls uuvLVv U11. Lu ULUUL LU 111u11\/L ullu :xploit the patent, he incorporates ATS Products and conveys to ATS an exclusive ,icense to use the patent. Later Shea and ATS enter a contract to give a nonexclusi ,icense for use of the patent to Levi Co. to manufacture ductwork. Thereafter, AT! 1nd Levi Co. agree that ATS would not give a similar license to Leviâ€™s chief :ompetitor, Case Systems. Case sues ATS and Levi on a group refusal to deal :heory under section 1 of the Sherman Act. Given these facts, which of the :â€˜ollowing is most correct? a. An agreement between a patentee and a licensee that the former would not give a second license to a third party is illegal under Sherman l. b. The contract whereby ATS and Shea grant a nonexclusive license to Levi C is illegal under Sherman l. The agreement to exclude Case Systems is a per se group boycott. d. Under the Copperweld doctrine Shea and ATS Products will be treated as a single entity for purposes of Sherman 1 analysis.
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