This chapter describes an emergent jurisprudence and a residual economics that converge to support the reconceptualization of U.S. patent policy as a competition regime. Its approach is inspired by an opinion that Justice Sandra Day O'Connor wrote for a unanimous Supreme Court some twenty years...

Although there are several variants of innovation economics at play in the current antitrust literature, the federal judiciary and enforcement agencies as well as a number of Chicago Schoolers have recognized the importance of policy they all associate with the economist Joseph Schumpeter,...