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...

The patent industries have discovered the global marketplace. While the practice of patented technologies is now international, patent rights remain territorial. Various international developments facilitate the acquisition of patent rights around the world. However, dispute resolution...

In recent years, high-profile lawsuits involving standards-essential patents (SEPs) have made headlines in the United States, Europe, and Asia, leading to a heated public debate regarding the role and impact of patents covering key interoperability standards. Enforcement agencies around the...

Despite their potential efficiency benefits, voluntary consensus standards have over the past decade become the subject of significant private litigation, regulatory enforcement and policy debate. Much of the controversy centers on the perceived proliferation of patents covering standardized...

The paradigm of the mobile ecosystem is rapidly changing, especially since the introduction of smart devices. New important players are emerging, and the scope of the mobile ecosystem is expanding and encroaching on the technological boundaries of other IT ecosystems. However, our understanding...

In today's technology-driven world, industry standardization, component interoperability, and product-compatibility have become critical to promoting innovation and competition. Standards are typically created by voluntary organizations (generally referred to as standard-setting organizations...

The United States Patent Office was poised to implement a new set of regulatory rules on November 1, 2007, that would have had considerable impact upon the use of continuation applications in patent prosecution. As the proposed Final Rules were struck down by the court in Tafas v. Dudas as...

This paper presents a model of cumulative innovation where firms are heterogeneous in their research ability. We study the optimal reward policy when the quality of the ideas and their subsequent development effort are private information. The optimal assignment of property rights must...

In Paragraph (iv) pharmaceutical cases, a patent-litigation decision often determines whether a brand-firm monopoly continues or generic entry occurs. Using unique patent litigation data and an event-study approach that accounts for probabilistic district court decisions and an appellate...

Strategic patenting is widely believed to raise the costs of innovating, especially in industries characterised by cumulative innovation. This paper studies the effects of strategic patenting on Ramp;D, patenting and market value in the computer software industry. We focus on two key aspects:...