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The collection of all scholarly commentary on law, economics, and more

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How Many Patents Make a “Patent War”?

I have a guest blog posting up on Intellectual Ventures’ blog on why a patent war — or “patent thicket” in scholarly parlance — cannot be defined solely in terms of the number of patents involved in the legal and commercial conflict.   Check it out at: http://www.intellectualventures.com/index.php/insights/archives/how-many-patents-make-a-patent-war As an aside, this issue is important because ... How Many Patents Make a “Patent War”?

ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust

The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers. Well, this argument has crashed and ... ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust

Who’s Flying The Plane?

It’s an appropriate question, both figuratively and literally. Today’s news headlines are now warning of a looming pilot shortage. A combination of new qualification standards for new pilots and a large percentage of pilots reaching the mandatory retirement age of 65 is creating the prospect of having too few pilots for the US airline industry. ... Who’s Flying The Plane?

Do Your Low-Wage Employees a Favor: Drop Their Health Care Coverage

Another day, another (presumably) unintended consequence of the Affordable Care Act.  (I say presumably because there’s a plausible theory out there that the Act was engineered to fail and thereby pave the way for a single-payer health care system. I’m not cynical enough to embrace that view, though a close look at the Act reveals design flaws so ... Do Your Low-Wage Employees a Favor: Drop Their Health Care Coverage

Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm

A nice way to take a break from Election Day stress about this fingernail-biting-close election is to listen to some panelists talk about something that is truly important — software patents! 🙂 It a great panel, notwithstanding my participation, and it promises to be a lot of fun and informative.  So, call in for the ... Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm

Richard Epstein Podcast: “Patent Rights: A Spark or Hindrance for the Economy?”

About a week ago, I was lucky to moderate the digital equivalent of a “fireside chat” with Richard Epstein about the patent system.  The topic was “Patent Rights: A Spark or Hindrance for the Economy?,” and Richard offered his usual brilliant analysis of the systemic viritues of securing patents as property rights.  you can listen ... Richard Epstein Podcast: “Patent Rights: A Spark or Hindrance for the Economy?”

Rethinking Intellectual Property Theory: A Review of Rob Merges’s Justifying Intellectual Property

My colleague, Eric Claeys, has posted to SSRN an interesting and important review of Robert Merges’s new book, Justifying Intellectual Property (Harvard University Press, 2012).  Here’s the abstract: This article contributes to a symposium issue on the Philosophical Foundations of Intellectual Property. In a popular Saturday Night Live skit, a famous record producer helps a ... Rethinking Intellectual Property Theory: A Review of Rob Merges’s Justifying Intellectual Property

Why It Doesn’t Seem Like The Economy Fits The Numbers

As an economist, it’s inevitable that social friends ask my thoughts about current economic issues (at least it’s better than being asked for free legal advice). This weekend a friend commented about the “recovery that isn’t”, reflecting the public sense that the economy doesn’t seem to be doing as well as government reports (particularly unemployment ... Why It Doesn’t Seem Like The Economy Fits The Numbers

The “Patent Litigation Explosion” Canard

We often hear today that there’s an unprecedented “patent litigation explosion” that’s killing innovation. Last week, the New York Times plied this claim without abandon in its hit piece on high-tech patents.  It’s become so commonplace that this phrase garners over 1.3 million hits on Google. It’s especially common fare in discussions about the “smart ... The “Patent Litigation Explosion” Canard

Teleforum Today with Richard Epstein: “Patent Rights: A Spark or Hindrance for the Economy?”

I’m moderating the digital equivalent of a “fireside chat” with Richard Epstein at 3pm this afternoon.  The great thing about teleforums is that, unlike podcasts, listeners can ask questions of the speaker.  So, call in and let’s have fun!   Here’s the information: Patent Rights: A Spark or Hindrance for the Economy? Federalist Society Intellectual Property ... Teleforum Today with Richard Epstein: “Patent Rights: A Spark or Hindrance for the Economy?”

Panel Today: “Will $Billions in Patent Lawsuits Kill Smartphone and Tablet Innovation?”

UPDATE: You can listen to an MP3 of the panel briefing at http://www.netcaucus.org/audio/2012/20121016mobilepatents.mp3 Today, I’m participating in a Hill briefing on the smart phone wars hosted by the Advisor Committee for the Congressional Internet Caucus.  Here’s the information: Date: Tuesday, October 16, 2012 Time: 12:00 pm – 1:30 pm. Program begins promptly at 12:00 pm, ... Panel Today: “Will $Billions in Patent Lawsuits Kill Smartphone and Tablet Innovation?”

Today’s Software Patents Look a Lot Like Early Pharma Patents

The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that software patents are causing “chaos.” Judge Posner in particular has ... Today’s Software Patents Look a Lot Like Early Pharma Patents