This chapter describes an emergent jurisprudence and a residual economics that converge to support the reconceptualization of U.S. patent policy as a competition regime. Its approach is inspired by an opinion that Justice Sandra Day O'Connor wrote for a unanimous Supreme Court some twenty years...

In this book Peritz analyzes how free competition has signified both freedom from oppressive government and freedom from private economic power. Peritz shows how these two complex yet distinct and sometimes contradictory images have influenced government policy and continue to inspire public...