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Patent Pools And Related Technology Sharing, Erik Hovenkamp, Herbert J. Hovenkamp 2017 Northwestern University

Patent Pools And Related Technology Sharing, Erik Hovenkamp, Herbert J. Hovenkamp

Faculty Scholarship

A patent "pool" is an arrangement under which patent holders in a common technology commit their patents to a single holder, who then licenses them out to the original patentees and perhaps also to outsiders. The payoffs include both revenue earned as a licensor, and technology acquired by pool members as licensees. Public effects can also be significant. For example, technology sharing of complementary patents can improve product quality and variety. In some information technology markets pools can prevent patents from becoming a costly obstacle to innovation by clearing channels of technology transfer. By contrast, a pool's aggregate output ...


Buying Monopoly: Antitrust Limits On Damages For Externally Acquired Patents, Erik N. Hovenkamp, Herbert J. Hovenkamp 2017 Northwestern University

Buying Monopoly: Antitrust Limits On Damages For Externally Acquired Patents, Erik N. Hovenkamp, Herbert J. Hovenkamp

Faculty Scholarship

The “monopoly” authorized by the Patent Act refers to the exclusionary power of individual patents. That is not the same thing as the acquisition of individual patent rights into portfolios that dominate a market, something that the Patent Act never justifies and that the antitrust laws rightfully prohibit.

Most patent assignments are procompetitive and serve to promote the efficient commercialization of patented inventions. However, patent acquisitions may also be used to combine substitute patents from external patentees, giving the acquirer an unearned monopoly position in the relevant technology market. A producer requires only one of the substitutes, but by acquiring ...


Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr. 2017 University of Miami Law School

Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.

University of Miami Business Law Review

“Forum selling” is jurisdictional competition intended to attract litigants. While consensual forum selling may be beneficial, non-consensual forum selling is harmful because it encourages jurisdictions to adopt an inefficient pro-plaintiff bias. In the last 20 years, the Eastern District of Texas has adopted an aggressive and remarkably successful policy of non-consensual forum selling in patent infringement actions. In 2016, 44% of all patent infringement actions were filed in the Eastern District of Texas, and 93% of them were filed by patent assertion entities or “patent trolls.”

In December 2016, the Supreme Court granted certiorari in TC Heartland v. Kraft, to ...


Tc Heartland: The Patent Venue Question Is Informed By Personal Jurisdiction Issues, Richard Samp 2017 University of Miami Law School

Tc Heartland: The Patent Venue Question Is Informed By Personal Jurisdiction Issues, Richard Samp

University of Miami Business Law Review

No abstract provided.


Compensation For Expropriations In A World Of Investment Treaties: Beyond The Lawful/Unlawful Distinction, Steven Ratner 2017 University of Michigan Law School

Compensation For Expropriations In A World Of Investment Treaties: Beyond The Lawful/Unlawful Distinction, Steven Ratner

Law & Economics Working Papers

When a state expropriates a foreign investment in violation of a bilateral or other treaty on investment protection and a foreign investor sues, where should a tribunal look for the standard of compensation -- to the amount specified in the treaty, to an external standard for violations of internationally law generally, or elsewhere? Investor-state tribunals have offered wildly different answers to this question, trapped in a paradigm set by the Permanent Court of International Justice ninety years ago that distinguishes between so-called lawful and unlawful expropriations. This article evaluates and criticizes the caselaw of tribunals and proposes a new framework for ...


Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman 2017 University of Miami Law School

Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman

University of Miami Business Law Review

No abstract provided.


Contingent Judicial Deference: Theory And Application To Usury Laws, Bruno M. Salama 2017 FGV DIREITO SP

Contingent Judicial Deference: Theory And Application To Usury Laws, Bruno M. Salama

Law, Economics, & Business Workshop

No abstract provided.


Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman 2017 William & Mary Law School

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Faculty Publications

Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts ...


Who Bleeds When The Wolves Bite? A Flesh-And-Blood Perspective On Hedge Fund Activism And Our Strange Corporate Governance System, Leo E. Strine Jr. 2017 University of Pennsylvania

Who Bleeds When The Wolves Bite? A Flesh-And-Blood Perspective On Hedge Fund Activism And Our Strange Corporate Governance System, Leo E. Strine Jr.

Faculty Scholarship

This paper examines the effects of hedge fund activism and so-called wolf pack activity on the ordinary human beings—the human investors—who fund our capital markets but who, as indirect of owners of corporate equity, have only limited direct power to ensure that the capital they contribute is deployed to serve their welfare and in turn the broader social good.

Most human investors in fact depend much more on their labor than on their equity for their wealth and therefore care deeply about whether our corporate governance system creates incentives for corporations to create and sustain jobs for them ...


Conceptualizing The Intentional Torts, Mark A. Geistfeld 2017 NYU School of Law

Conceptualizing The Intentional Torts, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent. Different formulations can protect the rightholder’s interests differently from negligence and strict liability, so something else must determine the appropriate way to formulate the element of intent.

The draft Restatement’s reasoning can be easily extended to provide a more useful conceptualization of ...


Be Careful What You Wish For? Reducing Inequality In The 21st Century, Reuven S. Avi-Yonah, Orli Avi-Yonah 2017 University of Michigan Law School

Be Careful What You Wish For? Reducing Inequality In The 21st Century, Reuven S. Avi-Yonah, Orli Avi-Yonah

Law & Economics Working Papers

Stanford historian Walter Scheidel’s The Great Leveler: Violence and the History of Inequality from the Stone Age to the Twenty-First Century (Princeton Univ. Press, 2017), is, in some respects, the anti-Piketty. Scheidel accepts Piketty’s view that inequality tends to grow over time, but adds a crucial caveat that runs directly opposite to Piketty’s optimistic proposals. Scheidel argues that the historical record demonstrates that inequality can only be reduced by violent means. Therefore, the Piketty proposals to reduce inequality peacefully are unrealistic, and Scheidel concludes his book by arguing that we should accept inequality as the price of ...


Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol 2017 University of Florida Levin College of Law

Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol

Michigan Law Review

Review of The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy by Daniel J. Gifford and Robert T. Kudrle.


The Immanent Rationality Of Copyright Law, Shyamkrishna Balganesh 2017 University of Pennsylvania Law School

The Immanent Rationality Of Copyright Law, Shyamkrishna Balganesh

Michigan Law Review

Review of What’s Wrong with Copying? by Abraham Drassinower.


The Limits Of Performance-Based Regulation, Cary Coglianese 2017 University of Pennsylvania Law School

The Limits Of Performance-Based Regulation, Cary Coglianese

Faculty Scholarship

Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and ...


Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser 2017 American University Washington College of Law

Exploiting The Poor: Housing, Markets, And Vulnerability, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Matthew Desmond provocatively claims that landlords exploit poor tenants in his Pulitzer Prize winning book, Evicted: Poverty and Profit in the American City (2016). This essay celebrates Desmond's work and explores the exploitation claim, focusing on how landlords deliberately exploit vulnerable tenants and on forms of market-based exploitation.


Conceptualizing The Intentional Torts, Mark A. Geistfeld 2017 New York University School of Law

Conceptualizing The Intentional Torts, Mark A. Geistfeld

New York University Law and Economics Working Papers

According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent. Different formulations can protect the rightholder’s interests differently from negligence and strict liability, so something else must determine the appropriate way to formulate the element of intent.

The draft Restatement’s reasoning can be easily extended to provide a more useful conceptualization of ...


Patient Patents, Doug Lichtman 2017 University of California, Los Angeles

Patient Patents, Doug Lichtman

Law, Economics, & Business Workshop

No abstract provided.


Quadratic Voting And The Public Good, Glen Weyl 2017 Microsoft Research

Quadratic Voting And The Public Good, Glen Weyl

Law, Economics, & Business Workshop

No abstract provided.


Boddie And Beyond: Rights Of The Indigent Civil Litigant, Armand J. Prisco 2017 St. John's University School of Law

Boddie And Beyond: Rights Of The Indigent Civil Litigant, Armand J. Prisco

The Catholic Lawyer

No abstract provided.


Tackling The Social Determinants Of Health: A Central Role For Providers, Jessica Mantel 2017 University of Houston Law Center

Tackling The Social Determinants Of Health: A Central Role For Providers, Jessica Mantel

Georgia State University Law Review

Americans’ poor health and high health care costs largely stem from social, environmental, and behavioral factors that adversely impact health. Yet, health care providers traditionally have neglected the social determinants of health, focusing instead on medically treating patients’ symptoms. As a result, addressing the social determinants of health has primarily been the domain of government and community groups. Unfortunately, the efforts of the public health and social services sectors are stymied by chronic underfunding, a situation unlikely to change in the current political environment. This article identifies a potential solution to this problem: recent health care reforms that encourage health ...


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