In Verizon Communications v. Trinko, 540 U.S. 398 (2004), the Supreme Court held that a telephone company's refusal to share its network with rivals did not constitute monopolization. Although many aspects of the Court's holding are a defensible application or extension of existing case law, its...

This five-page essay responds to Henry Smith's article, quot;Intellectual Property as Property: Delineating Entitlements in Information.quot;A virtual cottage industry of intellectual property (IP) models has sprung up in recent years. To the mix, Professor Smith adds modularity, in which there...

It has long been recognized in Europe and elsewhere that standards-development organizations (SDOs) may adopt policies that require their participants to license patents essential to the SDO’s standards (standards-essential patents or SEPs) to manufacturers of standardized products...

One of the most difficult legal issues today involves settlements by which brand-name drug companies pay generic firms to delay entering the market. Such conduct requires courts to consider not only patent and antitrust law, but also the Hatch-Waxman Act, the complex regime governing behavior in...

The Supreme Court's decision in FTC v. Actavis has received widespread attention for its antitrust analysis of settlements by which brand-name drug companies pay generics to delay entering the market. Much of the attention has focused on the continued enforcement of these “reverse payment”...

The generic industry lobby, Association for Accessible Medicines (“AAM”), often represents the public interest. In the pharmaceutical industry, it challenges brand drug companies' anti-competitive conduct. It fights for lower prices for consumers. And it has built up goodwill for its work in...

Big Tech is in the news. At the center of our political and economic dialogue is the effect that Amazon, Apple, Facebook, and Google have on our lives and what, if anything, governments should do about it. In this short piece, I explain how Big Tech has come under scrutiny, the antitrust...

As part of the FDA's hearing on "The Hatch-Waxman Amendments: Ensuring a Balance Between Innovation and Access," I offer testimony that does two things.First, it shows how the balance has tilted away from generic access, pointing as examples to settlements, product hopping, REMS patents, and...

Two principles collide in the pharmaceutical industry. On the one hand, the U.S. Food and Drug Administration (“FDA”) approves potentially dangerous drugs under Risk Evaluation and Mitigation Strategies (“REMS”) programs when a drug's benefits outweigh its risks. But on the other hand,...

Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management...