Antitrust Chronicle – At the Crossroads – IP & Antitrust

Antitrust Chronicle – At the Crossroads – IP & Antitrust

With the arrival of spring, we are proud to offer our subscribers the CPI Antitrust Chronicle for April: At the Crossroads – IP & Antitrust. This edition is published as a follow-up to the LeadershIP Conference, cosponsored by CPI, which was held in Washington D.C. on March 27, 2017. LeadershIP brought together a broad network of experts, thought […]

The Need For “Innovation Certainty” At The Crossroads Of Patent And Antitrust Law

The Need For “Innovation Certainty” At The Crossroads Of Patent And Antitrust Law

By Paul R. Michel & Matthew J. Dowd Due to a parade of legislation, judicial interpretations, and administrative application during the past decade, the combination of patent law destabilization and antitrust law uncertainty has devastated innovation certainty in the United States. We are now seeing the manifestations of diminished innovation certainty – or perhaps it […]

On Patent “Monopolies”: An Economic Re-Appraisal

On Patent “Monopolies”: An Economic Re-Appraisal

By David J. Teece & Edward F. Sherry In exchange for public disclosure, the patent system gives a successful patent applicant the right to exclude others from using the patented technology without permission for a period of time (in the U.S., currently 20 years from application). A series of older cases refer to this exclusivity […]

A Comparative And Economic Analysis Of The U.S. FTC’s Complaint And The Korea FTC’s Decision Against Qualcomm

A Comparative And Economic Analysis Of The U.S. FTC’s Complaint And The Korea FTC’s Decision Against Qualcomm

By Koren W. Wong-Ervin, Douglas H. Ginsburg, Anne Layne-Farrar, Scott Robins & Ariel Slonim On January 17, 2017, the U.S. FTC filed a lawsuit against Qualcomm based on a “monopoly broth” or course of conduct theory for alleged monopoly maintenance in certain narrowly defined baseband processor markets. In a jurisdiction on the other side of […]

Investigating Competition Cases In Taiwan: The Inquisitorial Principle And The Abuse Of Superior Bargaining Position

Investigating Competition Cases In Taiwan: The Inquisitorial Principle And The Abuse Of Superior Bargaining Position

By Andy C. M. Chen The value gained from implementing IPRs created by innovations or implementing those IPRs in collaboration with the IPRs licensed by innovators from other countries has significantly contributed to the economic development of Taiwan. However, the heavy reliance on IPRs has at the same time rendered Taiwan susceptible to IP arrangements […]

Measuring The Impact Of Injunctive Relief On Innovation

Measuring The Impact Of Injunctive Relief On Innovation

By John M. Taladay This article considers the impact of injunctions, or more specifically the lack of the availability of an injunction, on an innovator’s investment decisions. It concludes that: (1) it is possible to measure the impact that a “no injunction” in patent infringement actions will have on innovation investment, and that (2) such […]

The Smallest Salable Patent-Practicing Unit Experiment, General Purpose Technologies And The Coase Theorem

The Smallest Salable Patent-Practicing Unit Experiment, General Purpose Technologies And The Coase Theorem

By Nicolas Petit In the past years, some Standard-Setting Organizations active in wireless communications have experimented new technology pricing principles which upset this basic economic wisdom. One of those changes is the “SSPPU” experiment. SSPPU wants to prevent upstream technology developers to claim all or a share of the value added to the end product […]

In Search of a Problem: The Interface of Car Body Part Design Protection with Antitrust

In Search of a Problem: The Interface of Car Body Part Design Protection with Antitrust

By Nuno Pires de Carvalho The interface of intellectual property with antitrust has many facets, and one that has surfaced in recent years is the acquisition of market power by the owners of designs as regards car body parts. Such power results from the lock-in of car buyers who need to have their cars repaired […]

Reflections on Section 5 of the FTC Act & the FTC’s Case Against Intel

Daniel Crane, Feb 28, 2010 The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such […]

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