George Mason University Antonin Scalia Law School


Some Historical Perspective on Today's High-Tech Patent Wars

[Cross Posted at Truth on the Market on October 9, 2012]

The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg also published an important article yesterday on the smart phone war, software patents and other topics raised by today’s so-called patent litigation crisis: Apple Phone Patent War Like Sewing Machine Minus Violence. Read more

Copyright Reform Through Private Ordering

Note:  This post was cross-posted at the CATO Unbound on 1/14/2013.  The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that fail to understand how copyright’s nature as a property right allows for tremendous flexibility via private ordering

Derek Khanna’s lead essay, as well as his memo for the Republican Study Committee, urge libertarians and conservatives to rally around copyright reform as both good policy and good politics. Read more

Policy Debates On Patents Should Focus On Facts, Not Rhetoric ( Op-Ed)

[Cross-posted at Truth on the Market on December 18, 2012]

A heavily revised and expanded verison of one of my earlier blog postings was just posted as an op-ed on  This op-ed addresses how the FTC and DOJ have let themselves become swept up in anti-patent rhetoric, as evidenced by the FTC-DOJ workshop on December 10 that I participated in. Read more