This essay is the introduction to a forthcoming volume entitled, Regulating Innovation: Competition Policy and Patent … relationship between regulation - both through competition policy and patent law - and innovation, and the corresponding …

The essay develops a new approach for antitrust analysis of pay-for-delay settlements in pharmaceutical patent … “within the scope of the patent.” The essay explains why proper antitrust analysis calls for separate attention to the scope … Supreme Court's traditional test for the injunction remedy in patent infringement cases set out in the landmark eBay decision …

settlements must assume that the patent at issue is invalid or not infringed, since this is a problem of patent, not antitrust …, law. This symposium essay critiques Roberts' position. It explains that this position (1) shortchanges patent law, which …

company:(1) has a patent needed to use a standard, (2) promises to license the patent on reasonable terms, and then (3) says … “patent holdup.”The concerns threatened by patent holdup have consistently been acknowledged by officials in Republican and … Antitrust in Preventing Patent Holdup. In contrast, they are neglected by the current Assistant Attorney General of the …

For competing firms, a patent settlement provides a rare opportunity to write an agreement that forestalls competition … have nothing to do with resolving a patent dispute. Thus, even if the firms think the patent is very likely invalid or … to focus on how the settlement's competitive effects compare to the expected result of foregone patent litigation, which …

antitrust laws to regulate the problem of patent hold up of members of standard setting organizations. While some have suggested … would be better evaluated under the federal patent laws and state contract laws …

It is well known in antitrust economics that competitors can rely on patent licensing with supracompetitive royalties … as a surrogate for price fixing. This paper addresses a number of alternative situations in which patent royalty … surplus. The results shed new light on the competitive impact of patent pools, which typically create widespread royalty …

Patent licensing contracts commonly prohibit licensees from challenging the validity of the patents at the basis of the …

Many patent applications are rejected upon initial submission, but they are almost never rejected with absolute … finality. Further, subsequent to filing its original application a patent applicant might wish to write an application with … rewrite claims that had been rejected in the original application. A patent "continuation" is an application for additional …

The IEEE-SA updated patent policy and the Business Review Letter issued by the US DoJ have caused much discussion in … the antitrust risk for all forms of coordination, including arrangements of the type found in the IEEE-SA updated patent …