As finding breakthrough small-molecule drugs gets harder, drug companies are increasingly turning to “large molecule” biologics. Although biologics represent many of the most promising new therapies for previously intractable diseases, they are extremely expensive. Moreover, the pathway for...

This article, written for the Eighth Annual Legal Scholarship Symposium celebrating the work of Richard A. Epstein, assesses Epstein’s advocacy of a default rule for patent conveyances. The article first explains how nineteenth-century patent doctrine supports Epstein’s argument for a...

This paper is a submission of evidence aimed at she light on some issues related to the Standard Essential Patents (SEP) ecosystem and to provide workable solutions. SEP are patents that protects technologies that are essential to implementing a standard (e.g. 5G, Bluetooth, etc.).Between...

Settlements of patent litigation between branded and generic drug makers that include a promise by the generic maker to stay out of the market, sometimes in exchange for a ‘reverse' payment, increase the profits of drug makers at the expense of consumers. Some commentators argue that drug...

Harold Demsetz once claimed that 'economics has no antitrust relevant theory of competition.' Demsetz offered this provocative statement as an introduction to an economic concept with critical implications for the antitrust enterprise: the multi-dimensional nature of competition. Competition...

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...

Patents have long been regarded as the 'gold standard' of intellectual property protection. In 'Little patents and big secrets: managing intellectual property', Anton and Yao (2004) call this traditional view into question by finding that firms keep their most important innovations secret. This...

Traditionally patents are seen as the gold standard for intellectual property protection. But, in line with empirical findings that secrecy is considered more important for appropriating returns, recent theories predict that firms keep their most important inventions secret. This article...

Traditionally patents are seen as the gold standard for intellectual property protection. But, in line with empirical findings that secrecy is considered more important for appropriating returns, recent theories predict that firms keep their most important inventions secret. This article...

Patents have long been regarded as the 'gold standard' of intellectual property protection. In "Little patents and big secrets: managing intellectual property", Anton and Yao (2004) call this traditional view into question by finding that firms keep their most important innovations secret. This...