to delay entering the market. Such conduct requires courts to consider not only patent and antitrust law, but also the … by relying on a test that asks if the settlement falls within the “scope of the patent.” They have found, in nearly all ….This 8-page article shows why the scope test is not appropriate in determining the antitrust treatment of drug patent …

The United States Patent and Trademark Office (USPTO) grants many weak patents that would be ruled invalid if subjected … increase the accuracy of patent examinations. Others argue that the costs of such reform would outweigh the benefits; weak … patents reveal the “rational ignorance” of the Patent Office; it is optimal to leave examiners unequipped to identify more …

mechanism whereby later inventors are allowed to share the patent if they discover within a certain time period of the first … granting monopolies. Furthermore, we demonstrate that the time window where later inventors can share the patent should become … breadth and the length of the patent and could allow sorting between more or less efficient firms in a differentiated patent …

.S. Patent and Trademark Office (“PTO”). Third, we apply the Supreme Court's four-factor eBay test to conclude that courts should …

Patent settlements between rivals restrain competition in many different ways. Antitrust requires them to be … "proportional" in that their anti-competitive effects are commensurate with the firms' expectations about (counterfactual) patent …

Unreasonably large damages awards in patent litigation have been an important force in motivating the movement for … patent reform. “Apportionment” has found support as a solution to problem damages awards. Under apportionment, the portion of …

Novelty is a basic requirement of patent law. An inventor cannot obtain a patent if the invention exists in the “prior …-filed patent document qualifies as prior art as of its filing date — even though the document does not become accessible to the … invention to the public; administrative delay of public accessibility due to Patent Office procedures should not count against …

Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is … that their anticompetitive effects are commensurate with the expected result of counterfactual patent litigation, which …

When rivals settle a patent dispute, they prefer to preserve the full monopoly profit, even if the patent is very … from litigation. This avoids the need to estimate the odds of counterfactual patent litigation.This is a previous draft …

Critics claim that patent screening is ineffective, granting low-quality patents that impose unnecessary social costs …. We develop an integrated framework, involving patent office examination, fees, and endogenous validity challenges in the … courts, to study patent screening both theoretically and quantitatively. In our model, some inventions require the patent …