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In Cuozzo Speed Technologies v. Lee, Supreme Court Will Have the Chance to Clarify that Patents are not Second Class Property Rights
On January 15, the Supreme Court agreed to review the Federal Circuit’s decision in Cuozzo Speed Technologies v. Lee, a case that raises the question of whether patent rights, once issued initially by the U.S. Patent and Trademark Patent Office (PTO), are to be treated as fully legitimate interests or instead as “second class citizens” ... In Cuozzo Speed Technologies v. Lee, Supreme Court Will Have the Chance to Clarify that Patents are not Second Class Property Rights
Transparency in Pharmaceutical Pricing?
On January 12, 2016, the California state legislature will hold a hearing on AB 463: the Pharmaceutical Cost Transparency Act of 2016. The proposed bill would require drug manufacturers to disclose sensitive information about each drug with prices above a certain level. The required disclosure includes various production costs including: the costs of materials and manufacturing, the ... Transparency in Pharmaceutical Pricing?
A Win for Free Speech: Federal Circuit Holds (part of) ยง2(a) of the Lanham Act Unconstitutional
It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys. The Federal Circuit handed down a victory for free expression today — in the commercial context no less. At issue was the Lanham Act’s § 2(a) prohibition of trademark registrations that ... A Win for Free Speech: Federal Circuit Holds (part of) ยง2(a) of the Lanham Act Unconstitutional
The Ball-Rexam merger: The case for a competitive can market
A number of blockbuster mergers have received (often negative) attention from media and competition authorities in recent months. From the recently challenged Staples-Office Depot merger to the abandoned Comcast-Time Warner merger to the heavily scrutinized Aetna-Humana merger (among many others), there has been a wave of potential mega-mergers throughout the economy—many of them met with ... The Ball-Rexam merger: The case for a competitive can market
No good deed goes unpunished: EFF slams Google for alleged violation of ambiguous privacy pledge
I have small children and, like any reasonably competent parent, I take an interest in monitoring their Internet usage. In particular, I am sensitive to what ad content they are being served and which sites they visit that might try to misuse their information. My son even uses Chromebooks at his elementary school, which underscores ... No good deed goes unpunished: EFF slams Google for alleged violation of ambiguous privacy pledge
Chinese Competition Law Reform: Wise Guidance from the George Mason University Global Antitrust Institute
China’s Anti-Monopoly Law (AML) was enacted in 2007, and a stock-taking exercise is now appropriate. Recently, the Chinese University of Political Science and Law released a questionnaire soliciting public comments on the possible revision of the AML. On December 10, 2015, George Mason University Law School’s (GMULS) Global Antitrust Institute (GAI, ably managed by FTC ... Chinese Competition Law Reform: Wise Guidance from the George Mason University Global Antitrust Institute
Geoffrey Manne at Cato to Discuss the Federal Circuit’s Error in ClearCorrect
Tomorrow, Geoffrey Manne, Executive Director of the International Center for Law & Economics, will be a panelist at the Cato Institute’s Policy Forum, “The ITC and Digital Trade: The ClearCorrect Decision.” He will be joined by Sapna Kumar, Associate Professor, University of Houston Law Center and Shara Aranoff, Of Counsel, Covington and Burling LLP, and ... Geoffrey Manne at Cato to Discuss the Federal Circuit’s Error in ClearCorrect
Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct
This blurb published yesterday by Competition Policy International nicely illustrates the problem with the growing focus on unilateral conduct investigations by the European Commission (EC) and other leading competition agencies: “EU: Qualcomm to face antitrust complaint on predatory pricing Dec 03, 2015 The European Union is preparing an antitrust complaint against Qualcomm Inc. over suspected ... Ignoring Decision Theory, the European Commission Continues to Waste Competition Enforcement Resources on Investigations of (Almost Certainly) Efficient Conduct
ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
Today the International Center for Law & Economics (ICLE) submitted an amicus brief to the Supreme Court of the United States supporting Apple’s petition for certiorari in its e-books antitrust case. ICLE’s brief was signed by sixteen distinguished scholars of law, economics and public policy, including an Economics Nobel Laureate, a former FTC Commissioner, ten ... ICLE and leading antitrust scholars urge Supreme Court to review 2nd Circuit ruling in Apple e-books case
Douglass C. North (1920-2015)
I received word today that Douglass North passed away yesterday at the age of 95 (obit here). Professor North shared the Nobel Prize in Economic with Robert Fogel in 1993 for his work in economic history on the role of institutions in shaping economic development and performance. Doug was one of my first professors in ... Douglass C. North (1920-2015)
The Supreme Court Needs to Intervene and Bring Rationality to Tying Law โ and It May Wish to Look at Loyalty Discounts as Well
In Collins Inkjet Corp. v. Eastman Kodak Co. (2015) (subsequently settled, leading to a withdrawal of Kodak’s petition for certiorari), the Sixth Circuit elected to apply the Cascade Health Solutions v. PeaceHealth “bundled discount attribution price-cost” methodology in upholding a preliminary injunction against Kodak’s policy of discounting the price of refurbished Kodak printheads to customers ... The Supreme Court Needs to Intervene and Bring Rationality to Tying Law โ and It May Wish to Look at Loyalty Discounts as Well
My Office Door
University professors often post things on their office doors—photos, news clippings, conference posters, political cartoons. I’ve never been much for that. The objective, I assume, is to express something about yourself: who you are, what interests you, what values you hold. I’ve never participated in this custom because I haven’t wanted to alienate students who ... My Office Door
