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Full-Text Articles in Legal History
Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp
Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp
All Faculty Scholarship
The history of IP/antitrust litigation is filled with exaggerated notions of the power conferred by IP rights and imagined threats to competition. The result is that antitrust litigation involving IP practices has seen problems where none existed. To be sure, finding the right balance between maintaining competition and creating incentives to innovate is no easy task. However, the judge in an IP/antitrust case almost never needs to do the balancing, most of which is done in the language of the IP provisions. The role of antitrust tribunals is the much more limited one of ensuring that any alleged threat to …
Reconsidering The Dmca, R. Polk Wagner
Reconsidering The Dmca, R. Polk Wagner
All Faculty Scholarship
patents, Law and economics, prosecution history estoppel, doctrine of equivalents, ex ante, ex post, default rules, PTO, Federal Circuit, patent prosecution, patent litigation, intellectual property, patent reform, patent administration, patent office