Since the UsedSoft ruling of the CJEU in 2012 there has been the distinct feeling that – like the big bang - UsedSoft signals the start of a new beginning. As we enter this brave new world, the Copyright Directive will be read anew: Misalignments in the treatment of physical and digital...

Patent nonuse occurs when a patentee fails to commercialize its patent, such as when the patent has no present commercial value or when attempts to license it have been unsuccessful. Patent nonuse may have anticompetitive purposes as well, and will lead to technology suppression when a patented...

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...

Algorithms, especially those based on artificial intelligence, play an increasingly important role in our economy. They are used by market participants to make pricing, output, quality, and inventory decisions; to predict market entry, expansion, and exit; and to predict regulatory moves. In a...

The concept of FRAND licensing has been widely debated for years. It is not an exaggeration to call the stream of scholarly papers a flood. And since 2015, the Court of Justice of the European Union and many national courts have weighed in as well. Yet notwithstanding the apparent abundance of...