Jonathan Barnett on the “License as Tax” Fallacy and the Real-World Benefits of Licensing

The following post comes from David Ward, a rising 2L at Scalia Law and a Research Assistant at CPIP. By David Ward “Casual metaphors can have dangerous consequences.” CPIP Senior Fellow for Innovation Policy Jonathan Barnett’s new paper, The ‘License as Tax’ Fallacy, seeks to undo what he considers to be a dangerous, casual metaphor, … Continue reading “Jonathan Barnett on the “License as Tax” Fallacy and the Real-World Benefits of Licensing”

New CPIP Policy Brief: The Long Shadow of the Blackberry Shutdown That Wasn’t

CPIP has published a new policy brief by CPIP Senior Fellow for Innovation Policy Jonathan Barnett entitled The Long Shadow of the Blackberry Shutdown That Wasn’t. The policy brief looks at how the Blackberry litigation and the “patent troll” narrative ultimately contributed to the Supreme Court’s 2006 decision in eBay v. MercExchange that limited the … Continue reading “New CPIP Policy Brief: The Long Shadow of the Blackberry Shutdown That Wasn’t”

IP Industries Step Up in This Time of Crisis

The global COVID-19 pandemic has challenged multiple aspects of modern society in a short time. Health and public safety, education, commerce, research, arts, and even basic government functions have had to change dramatically in the space of a couple months. Some good news in all this is the response of many companies in the intellectual … Continue reading “IP Industries Step Up in This Time of Crisis”

George Mason University’s Antonin Scalia Law School Launches Innovation Law Clinic

Scalia Law Will Serve Emerging Tech Sector in the DMV George Mason University’s Antonin Scalia Law School today announced the launch of its new Innovation Law Clinic to support the emerging, dynamic tech sector in the DMV (DC, MD, No VA). Sean O’Connor, a distinguished innovation scholar and Executive Director of Scalia Law’s Center for … Continue reading “George Mason University’s Antonin Scalia Law School Launches Innovation Law Clinic”

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 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”

A Cure Worse Than the Disease? Proposed Changes to European Patent Law are Threatening Pharmaceutical Innovation

Innovation is all around us. We love and appreciate the latest video games, software apps, and smartphones. We await the integration of self-driving cars and other forms of artificial intelligence. Beyond the gadgets and luxuries we think we can’t live without, there are even more essential products that affect the lives of millions around the … Continue reading “A Cure Worse Than the Disease? Proposed Changes to European Patent Law are Threatening Pharmaceutical Innovation”

VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference

On October 11-12, 2018, CPIP hosted its Sixth Annual Fall Conference, IP for the Next Generation of Technology, at Antonin Scalia Law School, George Mason University, in Arlington, Virginia. After the breakthrough technology that gave us the mobile technology revolution of the past fifteen years, another leap forward in technology is about to break out … Continue reading “VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference”

Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation

By Adam Mossoff, Sean O’Connor, & Evan Moore* The price of the miracle drugs everyone uses today is cause for concern among people today. The President has commented on it. Some academics, lawyers, and policymakers have routinely called for the government to “do something” to lower prices. The high prices are unsurprising: cutting-edge medical treatments are … Continue reading “Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation”