IP for the Next Generation of Mobile Technology: How the Antitrust Division Devalued Standard-Essential Patents

In advance of our Sixth Annual Fall Conference on IP for the Next Generation of Technology, we are highlighting works on the challenges brought by the revolutionary developments in mobile technology of the past fifteen years. As we highlighted in previous posts in this series (see here and here), a 2015 policy change at the … Continue reading “IP for the Next Generation of Mobile Technology: How the Antitrust Division Devalued Standard-Essential Patents”

Department of Justice Recognizes Importance of Reliable Patent Rights in Innovation Economy

It is undeniable that the patent system has been under stress for the past decade, as courts, regulators, and even the Patent Office itself (as the newly confirmed Director Andrei Iancu has acknowledged) have sowed legal uncertainty, weakened patent rights, and even outright eliminated patent rights. This is why a series of recent speeches by … Continue reading “Department of Justice Recognizes Importance of Reliable Patent Rights in Innovation Economy”

Letter to Antitrust Chief Applauds DOJ’s New Evidence-Based Approach to IP Enforcement

A group of judges, former judges and government officials, law professors and economists with expertise in antitrust law and patent law sent a letter to Assistant Attorney General Makan Delrahim earlier today applauding his recent announcements that the Antitrust Division of the Department of Justice (DOJ) would now take a balanced, evidence-based approach in applying … Continue reading “Letter to Antitrust Chief Applauds DOJ’s New Evidence-Based Approach to IP Enforcement”

Foreign Antitrust Regulators Are Threatening American Innovation

By David Lund & Matthew Barblan American businesses are suffering as foreign governments improperly use their antitrust laws to discriminate against American companies. Recently, the United States Chamber of Commerce assembled an International Competition Policy Expert Group to examine this problem. The Group released a report describing particular harmful and inappropriate uses of antitrust law … Continue reading “Foreign Antitrust Regulators Are Threatening American Innovation”

Google Image Search and the Misappropriation of Copyrighted Images

Cross-posted from the Mister Copyright blog. Last week, American visual communications and stock photography agency Getty Images filed a formal complaint in support of the European Union’s investigation into Google’s anti-competitive business practices. The Getty complaint accuses Google of using its image search function to appropriate or “scrape” third-party copyrighted works, thereby drawing users away … Continue reading “Google Image Search and the Misappropriation of Copyrighted Images”

Busting Smartphone Patent Licensing Myths

CPIP has released a new policy brief, Busting Smartphone Patent Licensing Myths, by Keith Mallinson, Founder of WiseHarbor. Mr. Mallinson is an expert with 25 years of experience in the wired and wireless telecommunications, media, and entertainment markets. Mr. Mallinson discusses several common myths concerning smartphone patent licensing and argues that antitrust interventions and SSO … Continue reading “Busting Smartphone Patent Licensing Myths”

How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms

We’ve all heard the narrative about patent licensing firms, often referred to pejoratively as “patent trolls.” These patent owners, who choose to license their innovations rather than build them, are the supposed poster-children of a “broken” patent system. It’s as if commercializing one’s property, just like a landlord leases his land for another to use, … Continue reading “How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms”

Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda

The following is taken from a CPIP policy brief by Professor Richard A. Epstein.  A PDF of the full policy brief is available here. Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda Executive Summary There are increasing complaints in both the European Union and the United States about a systematic bias … Continue reading “Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda”

Patent Policy Debates Characterized by "Intolerably High Ratio of Theory to Evidence"

In an interview with Law360 last week, FTC Commissioner Joshua Wright spoke about the FTC’s upcoming study on PAEs and the state of today’s patent policy debates. The interview is well-worth reading in it’s entirety, and we’ve also highlighted a couple key quotes below. “One of the most fascinating things about the the policy debates … Continue reading “Patent Policy Debates Characterized by "Intolerably High Ratio of Theory to Evidence"”

An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms

By Steven Tjoe In his forthcoming George Mason University Law Review article entitled “The Meaning of ‘Fair and Reasonable’ in the Context of Third-Party Determination of FRAND Terms,” Professor Damien Geradin explores the delicate balance of interests protected by the current system of arm’s length negotiations in the standard-setting process, and the detrimental effect disrupting … Continue reading “An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms”