Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...

The Supreme Court promoted private challenges to patent validity in various cases from the 1940s to the 1960s, culminating in 1969. That year in Lear v. Adkins the Court overturned the traditional rule prohibiting patent licensees from challenging the validity of licensed patents. Lear and its...

In this paper, we examine the determinants of control rights in technology strategic alliances between biotechnology firms and pharmaceutical corporations, as well as with other biotechnology firms. We undertake three clinical studies and an empirical analysis of 200 contracts. Consistent with...

In many industries, the arc of our contemporary economy bends towards bigness. The now-ubiquitous digital platform companies such as Amazon, Facebook, and Netflix and (in China) Baidu, Tencent, and Alibaba are the best-known examples. While some concerned onlookers propose structural remedies,...

Intellectual property rights (IPRs) appear to play an important role in facilitating production and exchange in certain input markets. This paper provides a simple theory about the relationship between stronger IPRs and contract-based production under assumptions of incomplete contracting....

Recent patent policy emphasizes the superiority of ex ante licensing over ex post patent assertion. Ex ante means before costs are sunk by a patent defendant, so licensing at this stage avoids the leveraging of a defendant’s investments in product design which is a presumptive aspect of...

This case turns on whether the Supreme Court’s 1984 decision in Sony conclusively resolves at the summary judgment stage the present dispute – involving strikingly different technology that was unimaginable at the time that the Sony case was decided. Although some of the language used in the...

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...