Showing archive for: “Patents”
The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
This week, the International Center for Law & Economics filed comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines. Overall, the guidelines present a commendable framework for the IP-Antitrust intersection, in particular as they broadly recognize the value of IP and licensing ... The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation
Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
Public comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines have, not surprisingly, focused primarily on fine points of antitrust analysis carried out by those two federal agencies (see, for example, the thoughtful recommendations by the Global Antitrust Institute, here). In a ... Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis
Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
The Global Antitrust Institute (GAI) at George Mason University’s Antonin Scalia Law School released today a set of comments on the joint U.S. Department of Justice (DOJ) – Federal Trade Commission (FTC) August 12 Proposed Update to their 1995 Antitrust Guidelines for the Licensing of Intellectual Property (Proposed Update). As has been the case with ... Global Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on the Mark
A “social contract” for the drug industry
Mylan Pharmaceuticals recently reinvigorated the public outcry over pharmaceutical price increases when news surfaced that the company had raised the price of EpiPens by more than 500% over the past decade and, purportedly, had plans to increase the price even more. The Mylan controversy comes on the heels of several notorious pricing scandals last year. Recall ... A “social contract” for the drug industry
Chairman Wheeler’s new set-top box proposal: from unmitigated disaster to plain old disaster
Imagine if you will… that a federal regulatory agency were to decide that the iPhone ecosystem was too constraining and too expensive; that consumers — who had otherwise voted for iPhones with their dollars — were being harmed by the fact that the platform was not “open” enough. Such an agency might resolve (on the ... Chairman Wheeler’s new set-top box proposal: from unmitigated disaster to plain old disaster
The Latest Front in the Patent Wars: Attacking Innovation in Universities
It’s not quite so simple to spur innovation. Just ask the EU as it resorts to levying punitive retroactive taxes on productive American companies in order to ostensibly level the playing field (among other things) for struggling European startups. Thus it’s truly confusing when groups go on a wholesale offensive against patent rights — one ... The Latest Front in the Patent Wars: Attacking Innovation in Universities
New Insights on Bargaining for Patented Technology Licenses Provide Additional Reasons to Question Anti-Patent Scenarios
Discussion In recent years, U.S. government policymakers have recounted various alleged market deficiencies associated with patent licensing practices, as part of a call for patent policy “reforms” – with the “reforms” likely to have the effect of weakening patent rights. In particular, antitrust enforcers have expressed concerns that: (1) the holder of a patent covering ... New Insights on Bargaining for Patented Technology Licenses Provide Additional Reasons to Question Anti-Patent Scenarios
Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System
On August 6, the Global Antitrust Institute (the GAI, a division of the Antonin Scalia Law School at George Mason University) submitted a filing (GAI filing or filing) in response to the Japan Fair Trade Commission’s (JFTC’s) consultation on reforms to the Japanese system of administrative surcharges assessed for competition law violations (see here for ... Global Antitrust Institute Propounds Recommendations for Reform of Japan’s Administrative Surcharge System
Everything is amazing — and no one at the European Commission is happy
Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. Regulatory authorities in the United States, France, the United Kingdom, Canada, Brazil, and South Korea have all opened and rejected similar antitrust claims. ... Everything is amazing — and no one at the European Commission is happy
CPIP Conference on Oct. 6-7, 2016: “Intellectual Property and Global Prosperity”
Please Join Us For A Conference On Intellectual Property Law INTELLECTUAL PROPERTY & GLOBAL PROSPERITY Keynote Speaker: Dean Kamen October 6-7, 2016 Antonin Scalia Law School George Mason University Arlington, Virginia CLICK HERE TO REGISTER NOW **9 Hours CLE**
The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
About a month ago, I was asked by some friends about the shift from the first-to-invent patent system to a first-to-file patent system in the America Invents Act of 2011 (AIA). I was involved briefly in the policy debates in the spring of 2011 leading up to the enactment of the AIA, and so this ... The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
Robust Patent and Copyright Systems Promote a Strong U.S. Economy – and Are Consistent with Originalist Understandings of the Constitution
In a Heritage Foundation Legal Memorandum released today, I explore both the “constitutionalist” as well as utilitarian, economic-welfare-oriented justifications for robust U.S. patent and copyright systems. The Memorandum explains: Intellectual property (IP) is increasingly important to the American private economy, and a discussion of the appropriate public policy toward IP is timely, particularly given the ... Robust Patent and Copyright Systems Promote a Strong U.S. Economy – and Are Consistent with Originalist Understandings of the Constitution
