Law enforcement in the modern regulatory state is largely a joint enterprise. In areas such as securities, antitrust, civil rights, and environmental law, enforcement responsibilities are allocated between public and private actors. Patent law, on the other hand, is enforced almost exclusively...

In order to begin developing a base of paying licensees in the context of widespread infringement, IP owners must sometimes significantly discount licensing terms in their early negotiations – with a view that successful licenses, even at a relatively low price, will deliver value by...

Although patent rights confer substantial market control within their territorial scope, globalization is increasingly threatening the value of patent protection. Under the current regime, innovators who enter the global marketplace must obtain patent protection in each jurisdiction where they...