Blog

U.S. Rise in International IP Index Signals Progress in Ongoing Effort to Restore Faith in the Patent System

Last week, the U.S. Chamber of Commerce, Global Innovation Policy Center (GIPC) released the seventh edition of the International IP Index for 2019, Inspiring Tomorrow. The report provides some long sought good news for the innovation community, as the U.S. rose from 12th to 2nd in the patent system rankings. But while the move signals … Continue reading “U.S. Rise in International IP Index Signals Progress in Ongoing Effort to Restore Faith in the Patent System”

Unverified Theory Continues to Inform FTC’s Policies Toward Patent Owners

The Federal Trade Commission’s unfair competition case against Qualcomm, Inc., has now concluded. The parties gave their closing arguments on Tuesday, January 29, and all that remains is Judge Lucy Koh’s ruling. To prevail, the FTC needed to demonstrate actual, quantifiable harm. It completely failed to do so. The FTC’s complaint charged Qualcomm with using … Continue reading “Unverified Theory Continues to Inform FTC’s Policies Toward Patent Owners”

CPIP Scholars Join Comments to FTC on How Antitrust Overreach is Threatening Healthcare Innovation

On December 21, 2018, CPIP Senior Scholars Adam Mossoff and Kristen Osenga joined former Federal Circuit Chief Judge Randall Rader and SIU Law’s Mark Schultz in comments submitted to the FTC as part of its ongoing Competition and Consumer Protection in the 21st Century Hearings. Through the hearings, the FTC is examining whether recent economic … Continue reading “CPIP Scholars Join Comments to FTC on How Antitrust Overreach is Threatening Healthcare Innovation”

CPIP’s Sean O’Connor Files Comments with FTC on Consumer and Competition Concerns with Copyright Licensing

On December 21, 2018, CPIP Director of International Innovation Policy Sean O’Connor filed comments before the FTC as part of its hearings on Competition and Consumer Protection in the 21st Century. In October of 2018, Prof. O’Connor participated in the hearings on the Competition Policy and Copyright Law panel, and he submitted these comments to … Continue reading “CPIP’s Sean O’Connor Files Comments with FTC on Consumer and Competition Concerns with Copyright Licensing”

CPIP Scholars Join Comment Letter to FTC Supporting Evidence-Based Approach to IP Policymaking

On December 21, 2018, CPIP Senior Scholars Jonathan Barnett, Chris Holman, Erika Lietzan, Adam Mossoff, Sean O’Connor, and Kristen Osenga joined a comment letter that was filed with the FTC as part of its ongoing hearings on Competition and Consumer Protection in the 21st Century. The comment letter was joined by 18 legal academics, economists, … Continue reading “CPIP Scholars Join Comment Letter to FTC Supporting Evidence-Based Approach to IP Policymaking”

Recognizing the Limits of Government Procurement in the Pharmaceutical Industries

While recent headlines claim that rising drug prices can be easily addressed through government intervention, the procedures involved with government use of patented technologies are complex and often misunderstood. In addition to owning and practicing a vast portfolio of patents, the government has the power to procure and use patented technologies—including pharmaceutical medicines—in limited circumstances … Continue reading “Recognizing the Limits of Government Procurement in the Pharmaceutical Industries”

CPIP Scholars Join Amicus Brief Arguing that the Government Cannot Petition for CBM Review

On December 17, 2018, CPIP Senior Scholars Adam Mossoff and Kristen Osenga joined an amicus brief written on behalf of seven law professors by Professor Adam MacLeod, a CPIP Thomas Edison Innovation Fellow for 2017 and 2018 and a member of CPIP’s growing community of scholars. The brief, which was filed in Return Mail Inc. … Continue reading “CPIP Scholars Join Amicus Brief Arguing that the Government Cannot Petition for CBM Review”

Qualcomm Founder Dr. Irwin M. Jacobs Delights Attendees at CPIP’s Sixth Annual Fall Conference

By Kathleen Wills* On October 11-12, 2018, the Center for the Protection of Intellectual Property (CPIP) hosted its Sixth Annual Fall Conference at Antonin Scalia Law School in Arlington, Virginia. The theme of the conference was IP for the Next Generation of Technology, and it featured a number of panel discussions and presentations on how … Continue reading “Qualcomm Founder Dr. Irwin M. Jacobs Delights Attendees at CPIP’s Sixth Annual Fall Conference”

Flawed Marginal Cost Theory Should Not Be Applied to Intellectual Property

Recent calls for the government to lower prescription drug prices by overriding patent rights include proposals for the establishment of a marginal cost pricing system in the pharmaceutical industry (and in patent-based markets in general). As a previous article in this series details, some academics and advocates are now suggesting that the government use a … Continue reading “Flawed Marginal Cost Theory Should Not Be Applied to Intellectual Property”

Arts & Entertainment Advocacy Clinic Students File Amicus Brief in Brammer v. Violent Hues

By Rachelle Mortimer & Grant Ossler* The Arts & Entertainment Advocacy Clinic at Antonin Scalia Law School recently filed an amicus brief in the Brammer v. Violent Hues case that is on appeal in the Fourth Circuit. The Clinic provides a unique opportunity for students interested in intellectual property and entertainment law. Each semester, students … Continue reading “Arts & Entertainment Advocacy Clinic Students File Amicus Brief in Brammer v. Violent Hues”