The Archives

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

The Case for Copyright

Mark Schultz, law professor and specialist in copyright law, has written an excellent response to the Republican Study Committee policy brief on copyright law that has been making the rounds on the Internet the past several days.  Although the RSC promptly retracted the policy brief, the blogosphere has erupted in commentary on what appeared to ... The Case for Copyright

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

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

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

Some Historical Perspective on Today’s High-Tech Patent Wars

The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg also published an important article yesterday on the smart phone war, software ... Some Historical Perspective on Today’s High-Tech Patent Wars

Copyright Does Not Violate the Right to Free Speech

I’m speaking on a panel hosted by the Free Speech Dialogues program at the University of Texas at Austin this Thursday, September 20.  The topic this year is Intellectual Property Rights and Free Speech, and UCLA law professor Neal Netanal and author Robert Levine are also speaking on the panel. The Austin newspaper, the Statesman, asked ... Copyright Does Not Violate the Right to Free Speech