The Archives

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

Showing archive for:  “Intellectual Property: Empirical Studies”

Killer Acquisitions: A Killer Story, But Still Not Much Evidence

Merger-control regimes around the world have for some time now engaged with the theory of harm known as “killer acquisitions.” The idea is simple: an incumbent buys a rival in order to shut down its operations and preempt future competition. Indeed, the original paper that laid out the theory found that 5-7% of mergers may ... Killer Acquisitions: A Killer Story, But Still Not Much Evidence

Patent Pools, Innovation, and Antitrust Policy

Late last month, 25 former judges and government officials, legal academics and economists who are experts in antitrust and intellectual property law submitted a letter to Assistant Attorney General Jonathan Kanter in support of the U.S. Justice Department’s (DOJ) July 2020 Avanci business-review letter (ABRL) dealing with patent pools. The pro-Avanci letter was offered in ... Patent Pools, Innovation, and Antitrust Policy

New Paper on SSOs, SEP and Antitrust by Joanna Tsai & Joshua Wright

An important new paper was recently posted to SSRN by Commissioner Joshua Wright and Joanna Tsai.  It addresses a very hot topic in the innovation industries: the role of patented innovation in standard setting organizations (SSO), what are known as standard essential patents (SEP), and whether the nature of the contractual commitment that adheres to a ... New Paper on SSOs, SEP and Antitrust by Joanna Tsai & Joshua Wright

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

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

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

Stan Liebowitz on Piracy and Music Sales

Stan Liebowitz (UT-Dallas) offers a characteristically thoughtful and provocative op-ed in the WSJ today commenting on SOPA and the Protect IP Act.  Here’s an excerpt: You may have noticed last Wednesday’s blackout of Wikipedia or Google’s strange blindfolded-logo screen. These were attempts to kill the Protect IP Act and the Stop Online Piracy Act, proposed ... Stan Liebowitz on Piracy and Music Sales

Sprigman and Buccafusco on Valuing Intellectual Property

We would like to start by thanking Josh for inviting us to participate in what promises to be a fascinating discussion on an important subject.  We’re looking forward to engaging with the other members of the symposium. To begin with, we would like to talk about some of our own experimental research on the valuation ... Sprigman and Buccafusco on Valuing Intellectual Property