Antitrust counterclaims are a significant part of intellectual property litigation.
The legal rules governing antitrust counterclaims were changed dramatically by the Supreme Court's 1993 decision in Professional Real Estate Investors v. Columbia Pictures. In this Article, the author summarizes the Court's decision in PREI, and discusses its implications for future antitrust claims. He concludes that antitrust counterclaims are generally unlikely to succeed in the wake of the Supreme Court's decision. He discusses a number of lower court decisions in the wake of PREI that have grappled with unresolved issues, including when and how to apply the new rule. J.D., Boalt Hall School of Law, University of California at Berkeley.