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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.
TOTM The Wall Street Journal is reporting that the Feds (the SEC, the FBI, and federal prosecutors in New York) are about to bring a host of insider trading . . .
The Wall Street Journal is reporting that the Feds (the SEC, the FBI, and federal prosecutors in New York) are about to bring a host of insider trading charges “that could ensnare consultants, investment bankers, hedge-fund and mutual-fund traders and analysts across the nation.” The authorities, which have been investigating the situation for three years, are boasting that their criminal and civil probes “could eclipse the impact on the financial industry of any previous such investigation.”
TOTM Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers. The first is a discussion . . .
Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers. The first is a discussion of the DOJ’s case against Blue Cross Blue Shield, which as discussed here, turns on an economic analysis of the use of most-favored nations clauses in contractual arrangements with hospitals…
TOTM The Supreme Court’s ruling in PSKS v. Leegin Creative Leather Products, which reversed Dr. Miles and ended the per se rule for minimum resale price . . .
The Supreme Court’s ruling in PSKS v. Leegin Creative Leather Products, which reversed Dr. Miles and ended the per se rule for minimum resale price maintenance, remanded the case to the district court to consider claims under the new rule of reason analysis. On remand, PSKS filed a second amended complaint alleging that independent retailers were involved in the enforcement of Leegin’s RPM scheme and that Leegin (as a participant at the retail level) agreed on the price of Brighton goods. The second amended complaint also asserted Brighton goods as a single brand market.
TOTM A link to the video is available here. The video has all of the standard ingredients of a competitor complaint: (1) a slogan (“Stand with . . .
A link to the video is available here.
The video has all of the standard ingredients of a competitor complaint: (1) a slogan (“Stand with Bob”), (2) anti-corporate rhetoric (“Freedom not Google Profit!”), and (3) appeals to provocative statements from a CEO. Meanwhile, Google rivals have also turned their attention to Congress. I suppose the video format is new.
TOTM The National Law Journal reports (HT: Rick Hills): Are the Wild West days of federal clerk hiring back? That’s what some law school administrators and . . .
The National Law Journal reports (HT: Rick Hills):
Are the Wild West days of federal clerk hiring back? That’s what some law school administrators and judges fear. They worry that the voluntary system whereby federal judges wait until September of the 3L year to hire clerks is teetering. Judges are choosing clerks earlier in the year and are being inundated with applications as the legal job market narrows. And a trend toward hiring the already graduated means fewer positions are available for fresh law graduates.
There is a lot of support for “The Plan” in the legal profession, and amongst judges. Well, for the latter, at least there is a lot of apparent support for it. There is also, like most cartels, a lot of competition. Hills’ comment is characteristic of a view often heard within law schools on the clerkship market…
TOTM I find it interesting that many on the left, so intent on maintaining their anti-market narratives, distort reality so badly that black is white and . . .
I find it interesting that many on the left, so intent on maintaining their anti-market narratives, distort reality so badly that black is white and up is down–and “government” is “corporations.”
I’ve highlighted this before when discussing the misdirected criticisms (and solutions) of self-described privacy advocates who point the finger at Google when really they should be concerned about the government.
TOTM What do the midterm election results mean for antitrust, if anything? According to the American Antitrust Institute, not much… Read the full piece here.
What do the midterm election results mean for antitrust, if anything? According to the American Antitrust Institute, not much…
TOTM Competition Policy International’s newest issue has been released. The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge . . .
Competition Policy International’s newest issue has been released. The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge Douglas Ginsburg and me on Antitrust Sanctions, with comments from a fantastic lineup of antitrust economists and lawyers: Joseph Harrington (Johns Hopkins), Pieter Kalbfleisch (Netherlands Competition Authority), Mariana Tavares de Araujo (SDE, Brazil), and Donald Klawiter (Sheppard Mullin). The comments are interesting and agree and disagree with a variety of features of the Ginsburg & Wright proposal for even further (but not completely) shifting the focus of antitrust sanctions from the corporation toward responsible individuals, and adding debarment to the cartel enforcement toolkit.
