Suppose that a firm in charge of a business ecosystem is a firm in charge of a microeconomy. To achieve the highest growth rate, how open should that economy be? To encourage third-party developers, how long should their intellectual property interests last? We develop a sequential innovation...

Patent law assumes that stronger protection promotes innovation, yet empirical evidence to test this “innovation hypothesis” is lacking. This Article argues that historical case studies hold unique promise to provide an empirical foundation for modern patent policy. Specifically, this...

When is it appropriate for courts to second-guess decisions of private actors in shaping their business models, designing their networks, and configuring the (otherwise non-infringing) products that they offer to their customers? This theme appears periodically but persistently in intellectual...

The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system embodies this power, but does it fulfill its essential purpose? This Note explores the scope of the exclusive rights of patents, arguing that in many circumstances the exclusive...

This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent Law Under Uncertainty (Cambridge U. Press 2009 forthcoming). In addition to introducing all of the papers in the volume, this essay introduces the organizing themes of the...

On May 14, 2018, the U.S. Supreme Court held in Murphy v. National Collegiate Athletic Association that the Professional and Amateur Sports Protection Act (“PASPA”) violated the Tenth Amendment of the U.S. Constitution, and thus the U.S. government may not use PASPA to prevent states from...

This paper presents a way to think about a legal solution to an intractable problem, reconciling a now worldwide patent rights regime with access to essential medicines. In doing so, it insists that the potentialities of the current TRIPS flexibilities be assessed realistically. The focus is on...

This chapter provides a broader view of the development of international laws impacting the protection of drugs from the lens of patents as either a privilege or a right. In particular, this chapter demonstrates how domestic and international laws and policies impacting access to medicine is a...

Plain packaging, a new tobacco control tool that is currently being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result, the only authorized feature remaining would be the use of brand name, which...

We study the effects of trademark protection on firm profits and strategy using the 1996 Federal Trademark Dilution Act, which granted additional legal protection to selected trademarks. We find that the FTDA raised treated firms' operating profits and was followed by a spike in trademark...