Today’s Software Patents Look a Lot Like Early Pharma Patents

[Cross Posted to Truth on the Market] The recent New York Times article on the high-tech industry argues that software patents and the current “smart phone war” are a disaster for innovation, and it backs this with quotes and cites from a horde of academics and judges, like Judge Richard Posner, that software patents are … Continue reading “Today’s Software Patents Look a Lot Like Early Pharma Patents”

The “Patent Litigation Explosion” Canard

[Cross Posted to Truth on the Market on October 18, 2012] We often hear today that there’s an unprecedented “patent litigation explosion” that’s killing innovation. Last week, the New York Times plied this claim without abandon in its hit piece on high-tech patents.  It’s become so commonplace that this phrase garners over 1.3 million hits … Continue reading “The “Patent Litigation Explosion” Canard”

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)

[Cross Posted to Truth on the Market on December 12, 2012] In Part One, I addressed the argument by some libertarians that so-called “traditional property rights in land” are based in inductive, ground-up “common law court decisions,” but that intellectual property (IP) rights are top-down, artificial statutory entitlements.  Thus, for instance, libertarian law professor, Tom … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 2)”

The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)

[Cross Posted to Truth on the Market on December 7, 2012] In libertarian critiques of intellectual property (IP) rights, such as copyrights and patents, it’s common to the hear the claim that “traditional property rights in land” is based in inductive, ground-up “common law court decisions,” but that IP rights are top-down, artificial statutory entitlements.  … Continue reading “The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1)”

Some Historical Perspective on Today's High-Tech Patent Wars

[Cross Posted at Truth on the Market on October 9, 2012] The New York Times set hearts aflutter in the IP world yesterday with its hit piece on patents in the high-tech industry– I’m shocked, shocked to find the New York Times publishing biased articles on hot topics in politics and law — but Bloomberg … Continue reading “Some Historical Perspective on Today's High-Tech Patent Wars”

Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)

[Cross-posted at Truth on the Market on December 18, 2012] A heavily revised and expanded verison of one of my earlier blog postings was just posted as an op-ed on Forbes.com.  This op-ed addresses how the FTC and DOJ have let themselves become swept up in anti-patent rhetoric, as evidenced by the FTC-DOJ workshop on December … Continue reading “Policy Debates On Patents Should Focus On Facts, Not Rhetoric (Forbes.com Op-Ed)”