In its 2018 budget, the Government of Canada pledged CDN$85.3 million over five years to support an ambitious new intellectual property (IP) strategy, including CDN$30 million for the formation of a Canadian “Patent Collective.” This paper explores the possible structure and goals of such a...

Over the past several years, there has been a surge in litigation over technical standards, standards-essential patents (SEPs), and the patent policies of standards development organizations (SDOs). While this litigation has fueled a cottage industry of commentary by economists, legal scholars,...

Technical standard setting, though conducted largely through private organizations, possesses many attributes of a public function. By and large, SDO policies operate effectively to enable competitors to collaborate to develop standards that produce network effects and yield significant social...

In this comment to ITC Investigation 337-TA-745 (Certain Wireless Communication Devices, Motorola v. Apple) we, as teachers and scholars of economics, antitrust and intellectual property, remedies, administrative, and international intellectual property law, former Department of Justice lawyers...

An extensive literature exists regarding the patent disclosure and licensing commitments made by participants in standards-development organizations (SDOs), and how such commitments affect the assertion of standards-essential patents (SEPs). But this literature largely ignores the acquisition...

Today's technology product markets are inherently international. The global character of technology markets underscores the importance of technical interoperability standards in global supply chains and commerce. This paper considers the impact of patents on international technical...

Patents on standardized technologies are being issued with increasing frequency, and the majority of these patents are held by large multinational firms based in developed economies. As a result, firms from less-developed economies with sparse patent holdings are disadvantaged in both domestic...

Consistent, accurate and understandable jury instructions are critical to the determination of damages in patent cases. In January 2016 the Federal Circuit Bar Association (“FCBA”) amended its popular model jury instructions. Among other things, the 2016 amendments substantially reframed the...