Showing 9 of 277 Publications in Intellectual Property & Licensing

Weiser on Carrier’s Innovation in the 21st Century

TOTM It is trite to say that “we are all Schumpeterians now.”  When it comes to appreciating the importance of innovation and entrepreneurship, however, we are. . . .

It is trite to say that “we are all Schumpeterians now.”  When it comes to appreciating the importance of innovation and entrepreneurship, however, we are.  Schumpeter, unfortunately, did not leave a theory of innovation that lends itself to easy application to public policy prescriptions, as Brad De Long has explained so clearly.  By so clearly highlighting the role that antitrust law and intellectual property policy can play in spurring innovation, Michael Carrier has done the field a great service.  Indeed, Mike has written an impressive, ambitious, and important book.  But in a post like this, I come not to praise him, but to take pot shots from the peanut gallery.

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Intellectual Property & Licensing

TOTM/ Patently-O Blog Symposium: Michael Carrier’s Innovation for the 21st Century

TOTM On March 30th and 31st, TOTM will hold its first blog symposium.  The topic will be Michael Carrier’s (Rutgers) forthcoming book: Innovation for the 21st . . .

On March 30th and 31st, TOTM will hold its first blog symposium.  The topic will be Michael Carrier’s (Rutgers) forthcoming book: Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law (from Oxford University Press).

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Intellectual Property & Licensing

Why the Supreme Court was Correct to Deny Cert in Rambus

TOTM As TOTM readers are likely to know, the Supreme Court denied certiorari in Rambus, a course of action I had argued was the appropriate response . . .

As TOTM readers are likely to know, the Supreme Court denied certiorari in Rambus, a course of action I had argued was the appropriate response to the arguments set forth in the Commission petition.  I recently expanded the blog post into a short essay which I’ve posted on SSRN.  It will also be available in a few weeks at Global Competition Policy.

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Antitrust & Consumer Protection

Law and Economics 2.0

TOTM Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am . . .

Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am both personally invested and spend a good deal of time thinking about (see, e.g. my blog series on the future of law and economics here).  Legal Pad (at CNN/Fortune Magazine) announces the Kauffman Foundations plan to reinvigorate a “new” version of law and economics aimed at a new focus on static efficiency to innovation and economic growth…

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Intellectual Property & Licensing

Should the Supreme Court Grant Cert in Rambus?

TOTM As noted, the FTC has exercised its right under 15 USC 56(a)(3) to petition for a writ of certiorari to review the judgment of the . . .

As noted, the FTC has exercised its right under 15 USC 56(a)(3) to petition for a writ of certiorari to review the judgment of the D.C. Circuit in its FTC v. Rambus. The FTC press release is here. The petition is here. The questions presented, as framed by the Commission are…

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Intellectual Property & Licensing

Reverse Payments Ripe for Cert?

TOTM The Federal Circuit came down on the side of rule of reason analysis, and no liability, in a reverse payment case in Cipro (HT: Antitrust . . .

The Federal Circuit came down on the side of rule of reason analysis, and no liability, in a reverse payment case in Cipro (HT: Antitrust Review and Patently-O)…

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Intellectual Property & Licensing

GCP on the Section 2 Report Schism

TOTM Global Competition Policy has a trio of interesting articles on the DOJ Section 2 Report, and FTC response, which I’ve blogged about here and here . . .

Global Competition Policy has a trio of interesting articles on the DOJ Section 2 Report, and FTC response, which I’ve blogged about here and here from Tim Brennan, William Kolasky and Mark Popofsky.  The abstract from Popofsky’s article gives a sense of the scope and importance of the issues here…

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Antitrust & Consumer Protection

N-Data Settlement Approved 3-1

TOTM The public comment period has closed and the N-Data settlement has been approved by a vote of 3-1 with Chairman Kovacic voting against (his earlier . . .

The public comment period has closed and the N-Data settlement has been approved by a vote of 3-1 with Chairman Kovacic voting against (his earlier dissent is here).  I think is a sleeper candidate for one of the most important antitrust events of the year as it potentially signals a remarkable expansion of the Commission’s Section 5 Act.  You can read the public comments on N-Data here.

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Intellectual Property & Licensing

Odd FTC Consent in Vertical Licensing Case

TOTM The FTC announced a complaint today challenging Fresenius Medical Care AG & Co.’s proposed acquisition of an exclusive sublicense from Luitpold Pharmaceuticals, who is in . . .

The FTC announced a complaint today challenging Fresenius Medical Care AG & Co.’s proposed acquisition of an exclusive sublicense from Luitpold Pharmaceuticals, who is in turn a wholly owned subsidiary of a Japanese firm Daiichi Sankyo Company. The sublicense would allow Fresenius to manufacturer and supply the intravenous iron drug Venofer to dialysis clinics in the US.

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Antitrust & Consumer Protection