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...

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...

Standards, common platforms that allow products to work together, are essential to the modern economy. But standards often are based on patented technologies. And in what has been referred to as "patent holdup," the owners of patents incorporated into standards may exploit that power by refusing...

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...

In my testimony to the Senate Judiciary Committee, I explained the benefits of legislation addressing anticompetitive conduct that brand-name drug companies have employed: sample denials, pay-for-delay settlements, citizen petitions, product hopping, and patent thickets. By increasing generic...

My testimony to the Health Subcommittee of the House Energy & Commerce Committee supports legislation being considered to lower high drug prices.First, I support the CREATES Act and FAST Generics Act, which would ensure that generic companies receive the samples they need to enter the...

If any court is linked to the “law and economics” movement, it is the Seventh Circuit, home of former Judge Richard Posner, the “Chicago School,” and analysis based on markets and economics. It thus comes as a surprise that in college-athletics cases, the court has replaced economic...

The antitrust analysis of product hopping is nuanced. The conduct, which consists of a drug company's reformulation of its product and encouragement of doctors to switch prescriptions to the reformulated product, sits at the intersection of antitrust law, patent law, the Hatch-Waxman Act, and...