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GAO Report on Patent Litigation Confirms No “Patent Troll” Litigation Problem
This was previously posted to the Center for the Protection of Intellectual Property Blog on October 4, and given that Congress is rushing headlong into enacting legislation to respond to an alleged crisis over “patent trolls,” it bears reposting if only to show that Congress is ignoring its own experts in the Government Accountability Office who ... GAO Report on Patent Litigation Confirms No “Patent Troll” Litigation Problem
A New Kingsbury Commitment: Universal Service through Competition?
For those in the DC area interested in telecom regulation, there is another great event opportunity coming up next week. Join TechFreedom on Thursday, December 19, the 100th anniversary of the Kingsbury Commitment, AT&T’s negotiated settlement of antitrust charges brought by the Department of Justice that gave AT&T a legal monopoly in most of the U.S. in ... A New Kingsbury Commitment: Universal Service through Competition?
“FTC: Technology & Reform” Agenda Available for 12/16 Event with Current/Former FTC Commissioners Wright, Muris & Kovacic
As it begins its hundredth year, the FTC is increasingly becoming the Federal Technology Commission. The agency’s role in regulating data security, privacy, the Internet of Things, high-tech antitrust and patents, among other things, has once again brought to the forefront the question of the agency’s discretion and the sources of the limits on its power.Please join us this Monday, December ... “FTC: Technology & Reform” Agenda Available for 12/16 Event with Current/Former FTC Commissioners Wright, Muris & Kovacic
FTC: Technology & Reform Project Launches 12/16 with Conference Keynoted by Commissioner Wright
Please join us at the Willard Hotel in Washington, DC on December 16th for a conference launching the year-long project, “FTC: Technology and Reform.” With complex technological issues increasingly on the FTC’s docket, we will consider what it means that the FTC is fast becoming the Federal Technology Commission. The FTC: Technology & Reform Project ... FTC: Technology & Reform Project Launches 12/16 with Conference Keynoted by Commissioner Wright
Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Mike Sykuta and I recently co-authored a short article discussing the latest evidence on, and proper legal treatment of, minimum resale price maintenance (RPM). Following is a bit about the article (which is available here). Despite the U.S. Supreme Court’s Leegin decision holding that minimum RPM must be evaluated under antitrust’s Rule of Reason, the ... Why the New Evidence on Minimum RPM Doesn’t Justify a Per Se or Quick Look Approach
Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?
The Children’s Online Privacy Protection Act (COPPA) continues to be a hot button issue for many online businesses and privacy advocates. On November 14, Senator Markey, along with Senator Kirk and Representatives Barton and Rush introduced the Do Not Track Kids Act of 2013 to amend the statute to include children from 13-15 and add ... Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?
My Con Law Prof Flubs the Constitution…Again.
Once again, my constitutional law professor has embarrassed me with his gross misunderstanding of the U.S. Constitution. First, he insisted that it would be “unprecedented” for the U.S. Supreme Court to overturn a statute enacted by a “democratically elected Congress.” Seventh-grade Civics students know that’s not right, but Mr. Obama’s misstatement did have its intended ... My Con Law Prof Flubs the Constitution…Again.
Adam Mossoff’s Senate Testimony on PAEs, Demand Letters and Patent Litigation
Below is the text of my oral testimony to the Senate Commerce, Science and Transportation Committee, the Consumer Protection, Product Safety, and Insurance Subcommittee, at its November 7, 2013 hearing on “Demand Letters and Consumer Protection: Examining Deceptive Practices by Patent Assertion Entities.” Information on the hearing is here, including an archived webcast of the hearing. ... Adam Mossoff’s Senate Testimony on PAEs, Demand Letters and Patent Litigation
Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
Late this summer, TOTM hosted a blog symposium on potential guidelines for the Federal Trade Commission’s exercise of its “unfair methods of competition” authority under Section 5 of the FTC Act. Commissioner Josh Wright inspired the symposium by proposing a set of enforcement guidelines for the Commission. Shortly thereafter, Commissioner Maureen Ohlhausen proposed her own guidelines, which were largely consistent with ... Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?
In yesterday’s hearings on the disastrous launch of the federal health insurance exchanges, contractors insisted that part of the problem was a last-minute specification from the government: the feds didn’t want people to be able to “window shop” for health insurance until they had created a profile and entered all sorts of personal information. That’s ... What Would the Consumer Financial Protection Bureau Say About Healthcare.gov?
Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries
Over at the Center for the Protection of Intellectual Property (CPIP), Mark Schultz has an important blog posting on the Mercatus Center‘s recent launch of its new copyright piracy website, piracydata.org. The launch of this website has caused a bit of a tempest in a teapot with a positive report on it in the Washington Post ... Mark Schultz on the Mercatus Center’s Unhelpful Business Advice for the Creative Industries
Wireless Spectrum: Free Market or Rigged Market?
The debates over mobile spectrum aggregation and the auction rules for the FCC’s upcoming incentive auction — like all regulatory rent-seeking — can be farcical. One aspect of the debate in particular is worth highlighting, as it puts into stark relief the tendentiousness of self-interested companies making claims about the public interestedness of their preferred ... Wireless Spectrum: Free Market or Rigged Market?
