What are you looking for?

Showing 4 of 103 Results in Innovation

TiVo v. EchoStar: A study in abusing the courts instead of just respecting the patent

TOTM On November 9, the en banc US Court of Appeals for the Federal Circuit heard oral arguments in an extremely important patent infringement case (mp3 . . .

On November 9, the en banc US Court of Appeals for the Federal Circuit heard oral arguments in an extremely important patent infringement case (mp3 of oral argument here). Hanging in the balance are the very incentives for technological innovation and the seeds of economic progress. The arguments made in the case by the infringer, EchoStar, would have the effect of reducing the certainty and thus the efficacy of patent rights by weakening the ability of the courts to define and enforce patents clearly, quickly and efficiently. While for some commentators this is probably a feature, and not a bug, of EchoStar’s position, I find its stance and its claims to be extremely troublesome.

Read the full piece here

Continue reading
Intellectual Property & Licensing

Review of Michael Carrier’s Innovation for the 21st Century

Scholarship "Michael Carrier has written a timely and interesting book. There is much to like about the book, in particular its accessible format and content. I do fear that it is a bit overly ambitious, however..."

Summary

“Michael Carrier has written a timely and interesting book. There is much to like about the book, in particular its accessible format and content. I do fear that it is a bit overly ambitious, however, hoping both to educate the completely uninitiated as well as to develop a more advanced agenda, and at times it reads like two separate books. I suppose related to this criticism are my more detailed comments, which perhaps distill down to this: The book repeatedly and appropriately canvasses both sides of some pretty heated debates, nicely presenting the most basic arguments, and suggesting if not saying that these are matters about which we are profoundly uncertain. Nevertheless, with what seems to me to be little support (and with only essentially anecdotal empirical support), Carrier then chooses sides.

For example, the concept of the innovation market is contentious and unsettled. Carrier presents truncated versions of both sides of this debate and then summarily votes in favor of innovation markets, slyly offering to confine the analysis to pharmaceutical industry mergers, but nevertheless offering a “framework for innovation-market analysis.” Frankly, the framework strikes me as little more than a stylized merger analysis under the Guidelines, with a “Schumpeterian Defense” thrown in for good measure (but extremely limited, and essentially the same as the traditional failing firm defense). I see little here to suggest that the innovation market analysis, even as styled by Carrier, will do much effectively to incorporate dynamic efficiency concerns into antitrust. And there are other examples. I would have preferred to see a book that went into far greater depth in defending these sorts of choices among uncertain alternatives.”

Continue reading
Antitrust & Consumer Protection

Institutions and the Regulation of Innovation in Competition Policy

Scholarship "Innovation is critical to economic growth. While it is well understood that legal institutions play an important role in fostering an environment conducive to innovation and its commercialization, much less is known about the optimal design of specific institutions..."

Summary

“Innovation is critical to economic growth. While it is well understood that legal institutions play an important role in fostering an environment conducive to innovation and its commercialization, much less is known about the optimal design of specific institutions. Regulatory design decisions, and in particular competition policy and intellectual property regimes, can have profoundly positive or negative consequences for economic growth and welfare. However, the ratio of what is known to unknown with respect to the relationship between innovation, competition, and regulatory policy is staggeringly low. In addition to this uncertainty concerning the relationships between regulation, innovation, and economic growth, the process of innovation itself is not well understood.

The regulation of innovation and the optimal design of legal institutions in this environment of uncertainty are two of the most important policy challenges of the 21st century. The essays in this book approach this critical set of problems from an economic perspective, relying on the tools of microeconomics, quantitative analysis, and comparative institutional analysis to explore and begin to provide answers to the myriad challenges facing policymakers. Any legal regime, after all, must attempt to assess the tradeoffs associated with rules that will impact incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors and foster economic growth.”

Continue reading
Innovation & the New Economy

Symposium on Michael Carrier’s Innovation in the 21st Century

Innovation for the 21st Century (by Michael Carrier) Symposium March 30 – April 1, 2009 I’d like to formally thank Mike Carrier, Geoff Manne, Phil Weiser, . . .

Innovation for the 21st Century (by Michael Carrier) Symposium

March 30 – April 1, 2009

I’d like to formally thank Mike Carrier, Geoff Manne, Phil Weiser, Dan Crane, Brett Frischmann, Scott Kieff and Dennis Crouch for participating in the first TOTM symposium on Mike’s book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law.   Thanks also to Dennis for cross-posting at PatentlyO.  Each of the participants was asked to in a rather short time period to read the book and prepare a thoughtful and engaging post.  They all delivered marvelously.  We are grateful to them for making the symposium a success and, we hope, enjoyable for our readers.

Most of all, I’d like to thank Professor Carrier for allowing his work to come center stage in our first blog symposium effort.  It is not easy to have one’s worked poked and prodded and critiqued from all possible angles.  As flattered as I am by Mike’s kind words about my efforts putting together the symposium and finding discussants, I’m quite sure his job was the tougher one (I didn’t write a book either!).  Besides, each of the discussants jumped at the opportunity and agreed to participate too quickly for it really to qualify as work.  In fact, by their individual and collective performance they’ve unwittingly ensured that I will come asking for more work from them down the road …

This was a new experiment for TOTM and one that we plan on continuing to try in the future.  If participants, commenters, or readers have comments or suggestions for possible future topics or for improving the format, I’d love to hear them via email or otherwise.

We do have one more exciting announcement about the symposium:

The folks at the Alabama Law Review have generously offered to publish modified and versions of the blog posts as essays in a forthcoming volume.  We will make sure to announce here when the final drafts are up and ready.

Continue reading
Antitrust & Consumer Protection