Michael Meurer and Janet Freilich in The Conversation offering suggestions for improving the patent system.
Tania Babina, Asaf Bernstein, and Filippo Mezzanotti
New research on the effect of the Great Depression on patenting and the role of financial crises as both destructive and creative forces for innovation.
Cesare Righi and Timothy Simcoe
New research analyzing the effect of standard essential patents (SEPs) on patent continuations, showing opportunistic behavior in the filing of continuations after the disclosure of SEPs.
Erik Hovenkamp and Timothy Simcoe
New analysis of the Qualcomm decision in terms of how Qualcomm’s commitments to license its standard-essential patents on “fair, reasonable, and nondiscriminatory” (FRAND) terms bear on the antitrust analysis and how FRAND might have been used to better justify finding an antitrust duty-to-deal with competitors.
New research examining spillover effects of state funding of public universities, including increased innovation and entrepreneurial activity.
A new study on the impact of a patent-policy change on corporate R&D spending and innovation.
James Bessen testified before the FTC, October 24, 2018.
Timothy Simcoe and Filippo Mezzanotti
After the Supreme Court ruled that courts should not automatically enter injunctions against patent infringers, some commentators feared that the decision would hinder innovation and growth in the U.S. More than ten years later, this paper examines the data to see whether those fears came true.
Mark Lemley and Timothy Simcoe
This paper explores what happens when standard-essential patents (SEPs) go to court. The authors found that, contrary to their expectations, SEPs are more likely to be held valid than non-SEP patents, but they are significantly less likely to be infringed. In other words, SEPs, once in court, do not seem to be all that essential. One cause, the authors found, comes from the assertion of SEP patent rights by so-called patent trolls, which has implications in policy debates over both SEPs and patent trolls.
Michael J. Meurer
Although the paradigmatic defendant in a patent infringement lawsuit is a vertically integrated manufacturer, modern supply chains now include many different businesses, each of which must contemplate the risk of patent infringement when entering into the contracts to form those chains. This paper provides some guidance on best practices for terms of indemnification agreements that address both efficient risk management and effective bargaining against a patent-plaintiff.