Intellectual Property and Standard Setting
Bruce Kobayashi and I have posted our forthcoming chapter, Intellectual Property and Standard Setting, in the forthcoming ABA Antitrust Section Handbook on the Antitrust Aspects of Standard Setting.
Intellectual Property and Standard Setting
Regulating Innovation: Competition Policy and Patent Law Under Uncertainty
This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In . . .
International Signals: The Political Dimension of International Competition Law Harmonization
The article, written jointly by a law professor and political science professor, endeavors to explain why the United States is particularly resistant to various efforts at international harmonization of antitrust law.
The Case for Preferring Patent-Validity Litigation Over Second-Window Review and Gold-Plated Patents: When One Size Doesn’t Fit All, How Could Two Do the Trick?
Complaints about frivolous patents abound in academic, business, and policy circles, and the focus of blame is usually on the large number of junk . . .
The Rise and Fall of the First American Patent Thicket
When Michael Heller proposed that excessively fragmented property rights in land can frustrate its commercial development, patent scholars began debating whether Heller’s anticommons theory . . .
Quanta v. LG Electronics: Frustrating Patent Deals by Taking Contracting Options Off the Table?
The Supreme Court’s unanimous decision in Quanta v. LG Electronics may make it significantly more difficult to structure transactions involving patents. While this decision . . .
Mergers in Auctions with an Incumbent Advantage
When the winner of one auction gains a cost advantage in the next, bids reflect not only the value of winning the auction, but . . .
Antitrust Analysis of Tying Arrangements and Exclusive Dealing
This chapter surveys the legal and economic literatures on the antitrust analysis of tying arrangements and exclusive dealing contracts. We review the analytical framework . . .
The Law and Economics of Monopolization Standards
This chapter provides a survey of the law and literature on monopolization. The focus is American law, but the issues considered are equally applicable . . .