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...

The issues presented by the intersection of the patent system and the antitrust laws have never been as pressing as they are today. The number of issued patents is skyrocketing. Companies are more frequently entering into arrangements with competitors not only to recover their investment from...

Is antitrust law up to the task of addressing the "New Economy"? That is the question many have asked in recent years. And that is one of the key questions addressed by the Antitrust Modernization Commission ("AMC"), a commission that Congress established in 2002 "to examine whether the need...

Consumers’ right to repair their products is under attack. Manufacturers have decimated this long-held right by making parts unavailable, preventing products from working, and imposing software restrictions. Farmers can no longer repair tractors, medical professionals can’t fix ventilators,...

Bert Foer is one of the most influential figures in the past quarter century of antitrust. His founding and development of the American Antitrust Institute (AAI) filled a significant hole in late 20th-century antitrust and served as a useful counterweight to the Chicago School. In addition to...

Innovation is crucial to the U.S. economy. But many of our laws and policies are not promoting innovation. This Essay addresses this problem. The first set of proposals focuses on copyright law. The recommendations avoid vague copyright law and suggest the elimination of statutory damages and...

One of the areas of copyright law in most desperate need of reform is statutory damages. And while damages awards against direct infringers have received most of the attention, the effect on secondary infringers threatens to be far more detrimental for innovation. This submission to the...

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...