The issues presented by the intersection of the patent system and the antitrust laws have never been as pressing as they are today. The number of issued patents is skyrocketing. Companies are more frequently entering into arrangements with competitors not only to recover their investment from...

The case of NCAA v. O’Bannon has received significant attention. Straddling the intersection of antitrust, intellectual property, and sports law, the case presents engaging and complex issues. Much of the complexity, however, is unnecessary. For it stems from a Ninth Circuit ruling that...

In the Cephalon case, Judge Goldberg (ED Pa) denied defendants' summary judgment motions, sending the second reverse-payment-settlement case to trial. This short article analyzes the judge's decision, in particular addressing the appropriate liability standard under FTC v. Actavis and what...

In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA)...

The pharmaceutical industry is unique in its complexity. Markets are nuanced. Multiple regulatory regimes apply. Generic entry is an event with dramatic consequences. These characteristics have encouraged brand-name drug firms to engage in an array of conduct that exploits this complexity to...

One of the areas of copyright law in most desperate need of reform is statutory damages. And while damages awards against direct infringers have received most of the attention, the effect on secondary infringers threatens to be far more detrimental for innovation. This submission to the...

In the summer of 2016, Mylan found itself under fire for high EpiPen prices. Between 2009 and 2016, Mylan raised the price of this life-saving device, which delivers epinephrine to treat anaphylaxis shock, 15 times, resulting in an increase of more than 400%. The medicine in an EpiPen costs only...

Is antitrust law up to the task of addressing the "New Economy"? That is the question many have asked in recent years. And that is one of the key questions addressed by the Antitrust Modernization Commission ("AMC"), a commission that Congress established in 2002 "to examine whether the need...

One of the most heated discussions in economics in recent years has concerned the relationship between market structure and innovation. After a half-century of debate and innumerable studies, the consensus is that there is no clear answer to the question. On a concrete level, the uncertainty...

The 2000 presidential election had a searing effect on this nation. Few who witnessed the events in Florida could displace the images of election officials peering at punch cards, struggling to determine the intent of voters. Congress, for example, did not forget. Congress did not wish to see...