Drug companies have engaged in "product hopping," reformulating a drug so a generic can't be substituted while encouraging doctors to prescribe the new version. My statement (1) defines the activity, (2) reveals harms suffered by consumers, (3) offers concerning examples, (4) shows how product...

In December 2018, Antitrust Division head Makan Delrahim withdrew from the joint 2013 DOJ/PTO statement on patents and standards. PTO Director Andrei Iancu recently announced that he’s searching for a balanced approach to the issue. I write that the compromise is sitting in front of us: the...

In response to questions for the record after my testimony at the Senate Judiciary Committee hearing, I addressed the inquiries of three Senators.First, I responded to Senator Grassley's questions. I explained that the market of pharmacy benefit managers (PBMs) is not competitive and that PBMs...

This comment supports the draft policy statement, explaining how it presents a welcome return to the bipartisan balanced treatment of standard essential patents that—with the exception of the period from 2017 to 2020—has applied for the past two decades. The comment discusses the statement's...

Standards, common platforms that allow products to work together, are essential to the modern economy. But standards often are based on patented technologies. And in what has been referred to as "patent holdup," the owners of patents incorporated into standards may exploit that power by refusing...

It has long been recognized in Europe and elsewhere that standards-development organizations (SDOs) may adopt policies that require their participants to license patents essential to the SDO’s standards (standards-essential patents or SEPs) to manufacturers of standardized products...