Geoffrey Manne on the Importance of Sensible Guidance for UMC Enforcement
Geoffrey Manne is Lecturer in Law at Lewis & Clark Law School and Executive Director of the International Center for Law & Economics Josh and Maureen are to be commended for their important...
View ArticleRichard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in...
Over at the blog for the Center for the Protection of Intellectual Property, Richard Epstein has posted a lengthy essay that critiques the Obama Administration’s decision this past August 3 to veto the...
View ArticleNeed for Chinese Antitrust Reform (and IP and Price-Related Concerns)...
The American Bar Association’s (ABA) “Antitrust in Asia: China” Conference, held in Beijing May 21-23 (with Chinese Government and academic support), cast a spotlight on the growing economic...
View ArticleNew 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...
View ArticleIEEE Patent Policy Change Would Undermine Property Rights and Innovation
American standard setting organizations (SSOs), which are private sector-based associations through which businesses come together to set voluntary industrial standards, confer great benefits on the...
View ArticleUndermining Investment in Standard Setting by Weakening Patents: How a Recent...
As I explained in a recent Heritage Foundation Legal Memorandum, the Institute of Electrical and Electronics Engineers’ (IEEE) New Patent Policy (NPP) threatens to devalue patents that cover standards;...
View ArticleJosh Wright, Commissioner-Provocateur
Much ink will be spilled at this site lauding Commissioner Joshua (Josh) Wright’s many contributions to the Federal Trade Commission (FTC), and justly so. I will focus narrowly on Josh Wright as a law...
View ArticleThe Case Against Antitrust Challenges to Standard Essential Patent “Abuses”...
Applying antitrust law to combat “hold-up” attempts (involving demands for “anticompetitively excessive” royalties) or injunctive actions brought by standard essential patent (SEP) owners is inherently...
View ArticleFRAND Rules to Incentivize Innovation in Collective Standard Setting: What...
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...
View ArticleOutstanding New Global Antitrust Institute Filing on Indian Discussion Paper...
Over the past year, the Global Antitrust Institute (GAI) at George Mason University School of Law has released some of the most thoughtful critiques of foreign governments’ proposed new guidance...
View ArticleGlobal Antitrust Institute Propounds Recommendations for Reform of Japan’s...
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...
View ArticleNew Insights on Bargaining for Patented Technology Licenses Provide...
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” –...
View ArticleGlobal Antitrust Institute’s Comments on Draft DOJ-FTC IP Guidelines are on...
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...
View ArticlePatents and mergers [Ag-Biotech Symposium]
Shubha Ghosh is Crandall Melvin Professor of Law and Director of the Technology Commercialization Law Program at Syracuse University College of Law How should patents be taken into consideration in...
View ArticleGlobal Antitrust Institute’s Critique of China’s Latest Antitrust-IP...
Over the last two years, the Scalia Law School’s Global Antitrust Institute (GAI) has taken a leadership role in promoting sound antitrust analysis of intellectual property rights (IPRs), through its...
View ArticleThe European Approach to Standard Essential Patents (SEPs): A Sound Critique...
The Scalia Law School’s Global Antitrust Institute (GAI) has once again penned a trenchant law and economics-based critique of a foreign jurisdiction’s competition policy pronouncement. On April 28,...
View ArticleA Comprehensive Overview (and Sound Analysis) of the Law and Economics of...
Too much ink has been spilled in an attempt to gin up antitrust controversies regarding efforts by holders of “standard essential patents” (SEPs, patents covering technologies that are adopted as part...
View ArticleA Well-Reasoned Antitrust Division Boost for the Legitimate Exploitation of...
On November 10, at the University of Southern California Law School, Assistant Attorney General for Antitrust Makan Delrahim delivered an extremely important policy address on the antitrust treatment...
View ArticleFourth Annual Heritage Foundation Antitrust Conference: A Quick Summary
On January 23rd, the Heritage Foundation convened its Fourth Annual Antitrust Conference, “Trump Antitrust Policy after One Year.” The entire Conference can be viewed online (here). The Conference...
View ArticleReflections on the recent filings in Qualcomm/FTC dispute
On Monday, the U.S. Federal Trade Commission and Qualcomm reportedly requested a 30 day delay to a preliminary ruling in their ongoing dispute over the terms of Qualcomm’s licensing...
View ArticleUK COURT OF APPEAL UPHOLDS FRAND INJUNCTION
Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the...
View ArticleA brief overview of the draft CWA GUIDELINES on licensing of SEPs for 5G and IoT
An important but unheralded announcement was made on October 10, 2018: The European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC)...
View ArticleFTC v. Qualcomm: Innovation and Competition
[TOTM: The following is the first in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case, currently awaiting decision by Judge Lucy Koh in the Northern District of California. The...
View ArticleCalling into Question the FTC’s Theory of the Case in FTC v. Qualcomm
[TOTM: The following is the second in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case, currently awaiting decision by Judge Lucy Koh in the Northern District of California. The...
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An Evidentiary Cornerstone of the FTC’s Antitrust Case Against Qualcomm May...
[TOTM: The following is the fourth in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case, currently awaiting decision by Judge Lucy Koh in the Northern District of California....
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FTC v. Qualcomm: A Case of Regulatory Capture?
[TOTM: The following is the sixth in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case recently decided by Judge Lucy Koh in the Northern District of California. Other posts in...
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Should Patent Hold-Out Concerns Trump Patent Hold-Up Misgivings?
[TOTM: The following is the seventh in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case recently decided by Judge Lucy Koh in the Northern District of California. Other posts...
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In FTC v. Qualcomm, Judge Koh Gets Lost in the Weeds
[TOTM: The following is the eighth in a series of posts by TOTM guests and authors on the FTC v. Qualcomm case recently decided by Judge Lucy Koh in the Northern District of California. Other posts in...
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The District Court’s FTC v. Qualcomm Decision Rests on Impermissible...
Last week the International Center for Law & Economics (ICLE) and twelve noted law and economics scholars filed an amicus brief in the Ninth Circuit in FTC v. Qualcomm, in support of appellant...
View ArticleWhy the FTC had to Abandon the Duty to Deal Argument Against Qualcomm
On November 22, the FTC filed its answering brief in the FTC v. Qualcomm litigation. As we’ve noted before, it has always seemed a little odd that the current FTC is so vigorously pursuing this case,...
View ArticleExclusionary Pricing Without the Exclusion: Unpacking Qualcomm’s No License,...
Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it...
View ArticleManne and Auer’s Defense of Qualcomm’s Licensing Policy Is Deeply Flawed
[This guest post is authored by Mark A. Lemley, Professor of Law and the Director of Program in Law, Science & Technology at Stanford Law School; A. Douglas Melamed, Professor of the Practice of...
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Is FRAND Litigation a Credible Threat?: A reply to Mark Lemley, Douglas...
Last week, we posted a piece on TOTM, criticizing the amicus brief written by Mark Lemley, Douglas Melamed and Steven Salop in the ongoing Qualcomm litigation. The authors prepared a thoughtful...
View ArticleThe Facts Show That No License/No Chips Was A Successful Policy, Not an Empty...
[This guest post is authored by Mark A. Lemley, Professor of Law and the Director of Program in Law, Science & Technology at Stanford Law School; A. Douglas Melamed, Professor of the Practice of...
View ArticleDebating the FTC v Qualcomm Amicus Brief, a Summary
Qualcomm is currently in the midst of a high-profile antitrust case against the FTC. At the heart of these proceedings lies Qualcomm’s so-called “No License, No Chips” (NLNC) policy, whereby it...
View ArticleThe Deterioration of Appropriate Remedies in Patent Disputes
Property rights are a pillar of the free market. As Harold Demsetz famously argued, they spur specialization, investment and competition throughout the economy. And the same holds true for...
View ArticleIn the Fight Against Qualcomm, Apple’s Loss is Apple’s Gain
Apple’s legal team will be relieved that “you reap what you sow” is just a proverb. After a long-running antitrust battle against Qualcomm unsurprisingly ended in failure, Apple now faces antitrust...
View ArticleAntitrustifying Contract: Thoughts on Epic Games v. Apple and Apple v. Qualcomm
In the hands of a wise philosopher-king, the Sherman Act’s hard-to-define prohibitions of “restraints of trade” and “monopolization” are tools that will operate inevitably to advance the public...
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The Virtues and Pitfalls of Economic Models
Interrogations concerning the role that economic theory should play in policy decisions are nothing new. Milton Friedman famously drew a distinction between “positive” and “normative” economics,...
View ArticleOld Ideas and the New New Deal
Over the past decade and a half, virtually every branch of the federal government has taken steps to weaken the patent system. As reflected in President Joe Biden’s July 2021 executive order, these...
View ArticleMore Evidence that the Patent System Promotes Dynamic Competition and...
The patent system is too often caricatured as involving the grant of “monopolies” that may be used to delay entry and retard competition in key sectors of the economy. The accumulation of allegedly...
View Article‘New Madison Approach’ Should Be Retained to Promote American Innovation
The leading contribution to sound competition policy made by former Assistant U.S. Attorney General Makan Delrahim was his enunciation of the “New Madison Approach” to patent-antitrust...
View ArticleUnpacking the Flawed 2021 Draft USPTO, NIST, & DOJ Policy Statement on...
Responding to a new draft policy statement from the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of Justice, Antitrust...
View ArticleHow Not to Promote US Innovation
President Joe Biden’s July 2021 executive order set forth a commitment to reinvigorate U.S. innovation and competitiveness. The administration’s efforts to pass the America COMPETES Act would appear...
View ArticleThe Internationalization of Due Process, Federal Antitrust Enforcement, and...
The acceptance and implementation of due-process standards confer a variety of welfare benefits on society. As Christopher Yoo, Thomas Fetzer, Shan Jiang, and Yong Huang explain, strong procedural...
View ArticleAntitrust Policy and National Security Interests
U.S. antitrust policy seeks to promote vigorous marketplace competition in order to enhance consumer welfare. For more than four decades, mainstream antitrust enforcers have taken their cue from the...
View ArticleKhan & Slaughter Make ITC Filing Supporting Policies that Would Undermine...
Federal Trade Commission (FTC) Chair Lina Khan recently joined with FTC Commissioner Rebecca Slaughter to file a “written submission on the public interest” in the U.S. International Trade Commission...
View ArticlePatent 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...
View ArticleEuropean Commission’s Leaked SEP Regulation Would Increase Costs for...
The European Commission is working on a legislative proposal that would regulate the licensing framework for standard-essential patents (SEPs). A regulatory proposal leaked to the press has already...
View ArticleIf Necessity Is the Mother of Invention, New EU SEP Rules Are Decidedly...
An unofficial version of the EU’s anticipated regulatory proposal on standard essential patents (SEPs), along with a related impact assessment, was leaked earlier this month, generating reactions that...
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