The Patent Trial and Appeal Board (PTAB) is a recently-formed division of the Patent Office in which patents can be challenged as invalid, and which differs from federal courts in a number of respects. We investigate whether monopolist-patentees and their prospective rivals are using the PTAB...

Commentators, public officials, and scholars have sounded alarms over the smartphone patent wars — hundreds of cases asserting infringement of patents by makers of smartphones and tablet computers — often suggesting broad, categorical “fixes” to problems this litigation reveals. In...

Patent settlements between rivals restrain competition in many different ways. Antitrust requires that their anticompetitive effects are reasonably commensurate with the firms’ expectations about (counterfactual) patent litigation. Because these expectations are private and non-verifiable,...

The law of innovation balances private returns on investment against benefits to the public. Increasing intellectual property’s profitability acts as an inducement to spend money on research and testing, but threatens to increase costs to the public both directly and in terms of reduced...

A clear trend is visible in industry-institute co-operation in India. They are on the upswing. A good number of them end up with transfer of technology from lab to industry. Technology transferred may be patented by the lab or not, but in all cases the lab is required to take the responsibility...

Without the confidence that patent rights can be enforced quickly and efficiently, when needed, the patent system will not stimulate innovation. For this reason, governments, academics, international institutions and the private sector have poured significant resources into gathering and...