We’ve all heard the narrative about patent licensing firms, often referred to pejoratively as “patent trolls.” These patent owners, who choose to license their innovations rather than build them, are the supposed poster-children of a “broken” patent system. It’s as if commercializing one’s property, just like a landlord leases his land for another to use, is suddenly a bad thing. Read more
Category: Antitrust
Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda
The following is taken from a CPIP policy brief by Professor Richard A. Epstein. A PDF of the full policy brief is available here.
Curbing the Abuses of China’s Anti-Monopoly Law:
An Indictment and Reform Agenda
Executive Summary
There are increasing complaints in both the European Union and the United States about a systematic bias in China’s enforcement of its Anti-Monopoly Law (AML). Read more
Patent Policy Debates Characterized by "Intolerably High Ratio of Theory to Evidence"
In an interview with Law360 last week, FTC Commissioner Joshua Wright spoke about the FTC’s upcoming study on PAEs and the state of today’s patent policy debates. The interview is well-worth reading in it’s entirety, and we’ve also highlighted a couple key quotes below. Read more
An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms
By Steven Tjoe
In his forthcoming George Mason University Law Review article entitled “The Meaning of ‘Fair and Reasonable’ in the Context of Third-Party Determination of FRAND Terms,” Professor Damien Geradin explores the delicate balance of interests protected by the current system of arm’s length negotiations in the standard-setting process, and the detrimental effect disrupting this balance would have on standards-related technologies and our innovation economy. Read more
Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)
Below is the text of the oral testimony provided by Professor Adam Mossoff to the Senate Commerce, Science and Transportation Committee, the Consumer Protection, Product Safety, and Insurance Subcommittee, in its November 7, 2013 hearing on “Demand Letters and Consumer Protection: Examining Deceptive Practices by Patent Assertion Entities.” Read more
Guest Post by Richard Epstein: The Dangerous Adventurism of the United States Trade Representative – Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law
The Dangerous Adventurism of the United States Trade Representative:
Lifting the Ban against Apple Products Unnecessarily Opens a Can of Worms in Patent Law
In ordinary times, the business of the International Trade Commission does not appear as the lead story in the Wall Street Journal, predicting massive changes in the high-stakes patent battles. Read more
Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com 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 Forbes.com. 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