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’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”

IP for the Next Generation of Mobile Technology: How Ignorance of Standard Setting Operations Hinders Innovation

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. The development and implementation of technology standards is a complex process, and it’s one often misunderstood by commentators, courts, … Continue reading “IP for the Next Generation of Mobile Technology: How Ignorance of Standard Setting Operations Hinders Innovation”

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”

Proposed CREATES Act Threatens Patent Owners’ Rights

By Erika Lietzan, Kevin Madigan, & Mark Schultz Earlier this month, a bipartisan group of Senators introduced the Creating and Restoring Equal Access to Equivalent Samples Act (or CREATES Act). The proposed bill is aimed at deterring what the bill’s author, Sen. Patrick Leahy, claimed were “inappropriate delay tactics that are used by some brand-name … Continue reading “Proposed CREATES Act Threatens Patent Owners’ Rights”

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”