Stern then describes a continuum of fact patterns. At one end is a division of rights under one U.S. patent and a foreign counterpart of it, perhaps commercially of little importance. This arrangement is not of antitrust concern. The pattern at the other end of the continuum involves a contract between two major firms in a concentrated industry; the firms are potential competitors in each other's markets; the product and dollar volume is large; many different products and product lines are involved; the arrangement persists for a long time; the factors, taken together, suggest that incentives exist for the foreign partner to enter the U.S. market with technology derived otherwise and without a restriction against export to this country.Id. at 583–85.
