The Archives

Everything written by Adam Mossoff on law, economics, and more

Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)

[Cross Posted to the Center for the Protection of Intellectual Property] In its recent decision in Douglas Dynamics v. Buyers Products Co. (Fed. Cir., May 21, 2013), the Federal Circuit was forced to reverse a district court’s abuse of its discretion because the trial judge injected an anti-patent bias into the legal test for determining ... Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)

The Myth of the “Patent Troll” Litigation Explosion

[Cross posted at The Center for the Protection of Intellectual Property] In a prior blog posting, I reported how reports of a so-called “patent litigation explosion” today are just wrong.  As I detailed in another blog posting, the percentage of patent lawsuits today are not only consistent with historical patent litigation rates in the nineteenth ... The Myth of the “Patent Troll” Litigation Explosion

Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute

Over at the blog for the Center for the Protection of Intellectual Property, Richard Epstein has posted a lengthy essay that critiques the Obama Administration’s decision this past August 3 to veto the exclusion order issued by the International Trade Commission (ITC) in the Samsung v. Apple dispute filed there (ITC Investigation No. 794).  In ... Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute

The Value of Injunctions — Douglas Dynamics v. Buyers Products Co. (Fed. Cir. May 21, 2013)

Over at the blog for the Center for the Protection of Intellectual Property, I posted a short essay discussing the Federal Circuit’s recent decision in Douglas Dynamics v. Buyers Products (Fed. Cir. May 21, 2013).  Here’s a small taste: The Federal Circuit’s recent decision in Douglas Dynamics, LLC, v. Buyers Products Co. (Fed. Cir. May ... The Value of Injunctions — Douglas Dynamics v. Buyers Products Co. (Fed. Cir. May 21, 2013)

The FTC and Innovative Business Models for Patented Innovation

The Federalist Society has started a new program, The Executive Branch Review, which focuses on the myriad fields in which the Executive Branch acts outside of the constitutional and legal limits imposed on it, either by Executive Orders or by the plethora of semi-independent administrative agencies’ regulatory actions. I recently posted on the Federal Trade Commission’s ... The FTC and Innovative Business Models for Patented Innovation

“A Line in the Sand on the Calls for New Patent Legislation,” by Wayne Sobon

Over at the blog for the Center for the Protection for Intellectual Property, Wayne Sobon, the Vice President and General Counsel of Inventergy, has posted an important essay that criticizes the slew of congressional bills that have been proposed in Congress in recent months.  In A Line in the Sand on the Calls for New Patent ... “A Line in the Sand on the Calls for New Patent Legislation,” by Wayne Sobon

How Copyright Drives Innovation in Scholarly Publishing

[Cross posted at the Center for the Protection of Intellectual Property blog.] Today’s public policy debates frame copyright policy solely in terms of a “trade off” between the benefits of incentivizing new works and the social deadweight losses imposed by the access restrictions imposed by these (temporary) “monopolies.” I recently posted to SSRN a new ... How Copyright Drives Innovation in Scholarly Publishing

Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader

The State of the Patent System: A Discussion with Chief Judge Rader A teleforum on Thursday, April 11, at 2pm. Hosted by George Mason Law School’s Center for the Protection of Intellectual Property Teleforum and the Federalist Society‘s Intellectual Property Practice Group. Today, people read daily complaints about the “broken” patent system, and thus it’s ... Upcoming Teleforum: The State of the Patent System — A Discussion with Chief Judge Rader

Mason LEC Program on the Consumer Financial Protection Board, May 2, 2013

   

The SHIELD Act: When Bad Economic Studies Make Bad Laws

Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that he would like “to see if we can build some ... The SHIELD Act: When Bad Economic Studies Make Bad Laws

Copyright, Property Rights, and the Free Market

Over at Cato Unbound, there has been a discussion this past month on copyright and copyright reform.  In his recent contribution to this discussion, Mark Schultz posted an excellent essay today, Where are the Creators? Consider Creators in Copyright Reform, that calls out the cramped, reductionist view of copyright policy that leads some libertarians and ... Copyright, Property Rights, and the Free Market

Mossoff Speaking at the Smithsonian Institution on Tuesday, Jan. 15

For loyal readers of Truth on the Market who are in the D.C. area on Tuesday, come check out this fun talk.  Heck, forget the talk, they’re serving tea and cookies!