Showing archive for: “Patents”
Time To Make The Donuts: Self-Help Agreements and ICANN Accountability
It seems like debates that involve the ability to access the Internet fall into absolutism very quickly. One could almost construct a corollary of Godwin’s law: As the length of a policy discussion involving the Internet increases, the probability of someone claiming a nefarious plot to destroy the Internet approaches 1. Should there be zero-rated ... Time To Make The Donuts: Self-Help Agreements and ICANN Accountability
Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
As ICLE argued in its amicus brief, the Second Circuit’s ruling in United States v. Apple Inc. is in direct conflict with the Supreme Court’s 2007 Leegin decision, and creates a circuit split with the Third Circuit based on that court’s Toledo Mack ruling. Moreover, the negative consequences of the court’s ruling will be particularly acute ... Manne on the Apple e-books case: The Second Circuit’s decision has no support in the law and/or economics
Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
On balance the Second Circuit was right to apply the antitrust laws to Apple. Right now the Supreme Court has before it a petition for Certiorari, brought by Apple, Inc., which asks the Court to reverse the decision of the Second Circuit. That decision found per se illegality under the Sherman Act, for Apple’s efforts ... Epstein on the Apple e-books case: The hidden traps in the Apple ebook case
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) §2(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) §2(a) of the Lanham Act Unconstitutional
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
The Supreme Court Needs to Intervene and Bring Rationality to Tying Law – 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 – and It May Wish to Look at Loyalty Discounts as Well
The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
Today, in ClearCorrect Operating, LLC v. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit held that electronic transmissions of digital data from abroad do not involve the importation of “articles” for purposes of Section 337 of the Tariff Act (“Section 337,” 19 U.S.C. § 1337), thereby stripping the U.S. International Trade ... The Federal Circuit Fails to Connect Clearly with Modern Technology by Protecting Infringing Data Imports
The latest round in the “product-hopping” battle
Thanks to the Truth on the Market bloggers for having me. I’m a long-time fan of the blog, and excited to be contributing. The Third Circuit will soon review the appeal of generic drug manufacturer, Mylan Pharmaceuticals, in the latest case involving “product hopping” in the pharmaceutical industry — Mylan Pharmaceuticals v. Warner Chilcott. Product ... The latest round in the “product-hopping” battle
FRAND Rules to Incentivize Innovation in Collective Standard Setting: What Golf Tournaments Can Teach Us
One baleful aspect of U.S. antitrust enforcers’ current (and misguided) focus on the unilateral exercise of patent rights is an attack on the ability of standard essential patent (SEP) holders to obtain a return that incentivizes them to participate in collective standard setting. (This philosophy is manifested, for example, in a relatively recent U.S. Justice ... FRAND Rules to Incentivize Innovation in Collective Standard Setting: What Golf Tournaments Can Teach Us
