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”

FTC's PAE Study Makes Unsupported Recommendations

The FTC released its long-awaited study of so-called patent assertion entities, or PAEs, today. As many predicted, the FTC makes several broad recommendations for substantive and procedural reforms. The problem with this, however, is that the study was not designed to reveal the sort of data that could support such policy recommendations. The FTC itself … Continue reading “FTC's PAE Study Makes Unsupported Recommendations”

Acknowledging the Limitations of the FTC's PAE Study

The FTC’s long-awaited case study of patent assertion entities (PAEs) is expected to be released this spring. Using its subpoena power under Section 6(b) to gather information from a handful of firms, the study promises us a glimpse at their inner workings. But while the results may be interesting, they’ll also be too narrow to … Continue reading “Acknowledging the Limitations of the FTC's PAE Study”

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”

Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)

Below is the text of the oral testimony provided by Professor Adam Mossoff to the Senate Commerce, Science and Transportation Committee, the Consumer Protection, Product Safety, and Insurance Subcommittee, in its November 7, 2013 hearing on “Demand Letters and Consumer Protection: Examining Deceptive Practices by Patent Assertion Entities.” Information on the hearing is here, including … Continue reading “Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)”