Based on conflicting Federal Circuit case law, many academics have written, and many practitioners likely believe, that claim meanings or their applications may expand over time for purposes of literal infringement. But this common wisdom is wrong. Under existing Federal Circuit rules, the first...

In Verizon Communications v. Trinko, 540 U.S. 398 (2004), the Supreme Court held that a telephone company's refusal to share its network with rivals did not constitute monopolization. Although many aspects of the Court's holding are a defensible application or extension of existing case law, its...

Some inventions never see the light of day. Others enter the spotlight after long delays and the factors that slowed the arrival of that innovation are ignored. Technology suppression is a real occurrence involving well known and widely used products. In this Article, we examine the topic of...

Electronic sports (esports) offers a novel case study in how antitrust analysis should approach multi-sided markets that rely on the ability of numerous entities to access intellectual property (IP). A game publisher's IP in its game allows for permissible monopolization, but also creates...

A clause in a patent license agreement which requires the licensee to continuously render royalty payments even after the intellectual property rights have expired has been a very controversial issue in practice. With the infamous United States Supreme Court Ruling of Brulotte v. Thys, and its...

Designing around patents is prevalent but not often appreciated as a means by which patents promote economic development through competition. We provide a novel detailed empirical study of the extent and timing of designing around patent claims. We study the filing rate of incandescent...

Around 300 B.C., a Greek mathematician — Euclid — discovered a theorem on which modern geometry and a fundamental algorithm is based. The Euclid’s theorem represents a method for calculating the greatest common divisors between two integers. Since 300 B.C., both Euclid’s Theorem and...

Beginning in December 2004 Google has pursued a new project to create a book search engine (Google Book Search). The project has released a storm of controversy around the globe. While the supporters of Google Book Search conceive the project as a first reasonable step towards unlimited access...

Commissioned by the European Commission, the Final Report for the EU-Canada Sustainability Impact Assessment (SIA) on the EU-Canada Comprehensive Economic and Trade Agreement (CETA) provides a comprehensive assessment of the potential impacts of trade liberalisation under CETA. The analysis...