Standard Setting, Patents, and Competition Law Enforcement—The Need for U.S. Policy Reform

This article is part of a Chronicle. See more from this Chronicle Alden Abbott, Mar 16, 2015 The setting of industry standards is widely recognized as a driver of economic growth—standards may reduce production costs; increase innovation, efficiency (through greater product interoperability, for example), and consumer choice; foster public health and safety; and facilitate international […]

Antitrust Regulation of IPRs: China’s First Proposal

Aug 14, 2014 CPI Asia Column edited by Vanessa Zhang (Global Economics Group) presents: Antitrust Regulation of IPRS – China’s First Proposal – Adrian Emch (Hogan Lovells) & Liyang Hou (KoGuan Law School, Shanghai Jiao Tong University)1 Click here for a pdf version of this article. Introduction On June 11, 2014, the State Administration for […]

What You Need To Know About Standard Essential Patents

This article is part of a Chronicle. See more from this Chronicle Michael Carrier, Aug 22, 2014 In the past several years, standard essential patents, or “SEPs,” have exploded onto the scene. Courts and enforcement agencies around the world have grappled with the nuances they present. What exactly are SEPs? What do attorneys need to […]

New Jersey District Court Limits Actavis To Cash Payments

This article is part of a Chronicle. See more from this Chronicle Donald Falk, Christopher Kelly, Apr 29, 2014 As with patent infringement litigation in many industries, innovator pharmaceutical companies frequently settle their patent infringement litigation against would-be generic challengers by licensing the alleged infringer to market its generic version of the patented drug before […]

Appropriating the Returns from Industrial Research and Development (1950)(reprint)

Dec 20, 2013 To have the incentive to undertake research and development, a firm must be able to appropriate returns sufficient to make the investment worthwhile. The benefits consumers derive from an innovation, however, are increased if competitors can imitate and improve on the innovation to ensure its availability on favorable terms. Patent law seeks […]

An Introduction to Appropriating the Returns from Industrial Research and Development

David Evans, Dec 20, 2013 There are several areas of economics where we know much more today than we did 50 years ago as a result of the accumulation of empirical research. More needs to be done, and much remains debated, but economists have made real progress in behavioral economics, labor economics, and financial economics. […]

Pay-for-Delay

Fiona Scott Morton, Dec 20, 2013 This article lays out the economics of competition between branded and generic pharmaceuticals and its welfare consequences. I explain the logic behind so-called “pay-for-delay” or “reverse payments” in the context of the current IP environment where weak (probabilistic) patents are frequently granted by the PTO. The article goes on […]

“Pay-for-Delay”: What Do We Disagree On?

Pierre Regibeau, Dec 20, 2013 Antitrust concerns about “pay-for-delay” patent settlements are based on two theories of harms, one that stresses the need for courts to review the validity of patents and one that emphasizes the “probabilistic” nature of patent rights. The main weakness of the first theory of harm is that it fails to […]

Whither Symmetry? Antitrust Analysis of Intellectual Property Rights at the FTC and DOJ

Douglas Ginsburg, Joshua Wright, Dec 20, 2013 In modern antitrust law, intellectual property rights (IPRs) are treated like all other forms of property. Beginning with the Department of Justice Antitrust Division’s repudiation of the “Nine No-No’s” for patent licensing more than thirty years ago, the US antitrust enforcement agencies and the courts have adhered to […]

Intellectual Property Experimentalism By Way Of Competition Law

Tim Wu, Dec 20, 2013 Competition law and Intellectual Property have divergent intellectual cultures–the former more pragmatic and experimentalist; the latter influenced by natural law and vested rights. “The US Supreme Court decision in Federal Trade Commission v. Actavis is an intellectual victory for the former approach, one that suggests that antitrust law can and […]