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Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley Dec 2014

Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley

Robin C Feldman

A commonly offered justification for patent trolls or non-practicing entities (NPEs) is that they serve as a middleman, facilitating innovation and bringing new technology from inventors to those who can implement it. We survey those involved in patent licensing to see how often patent license demands actually led to innovation or technology transfer. We find that very few patent license demands actually lead to new innovation; most simply involve payment for the freedom to keep doing what the licensee was already doing. Surprisingly, this is true not only of NPE licenses but even of licenses from product-producing companies and universities. …

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Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman Dec 2013

Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman

Robin C Feldman

This paper presents a study of patent demands against venture-backed startups, conducted through members of the National Venture Capital Association and their portfolio companies. The results of surveying 200 venture capitalists and their portfolio companies provide strong indications of the impact that patent demands are having on the venture-backed community. Both the companies and the venture capitalists overwhelming believe that patent demands have a negative impact on the venture-backed community, with all or most of those assertions coming from entities whose core activity involves licensing or litigating patents. These impacts are described in terms of the specific costs expended by …

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Pharmaceutical Public-Private Partnerships In The United States And Europe: Moving From The Bench To The Bedside, Constance E. Bagley, Christina D. Tvarno Aug 2013

Pharmaceutical Public-Private Partnerships In The United States And Europe: Moving From The Bench To The Bedside, Constance E. Bagley, Christina D. Tvarno

Constance E. Bagley

Both to address unmet medical needs and to improve industry competitiveness, regulators in both the United States and the European Union have taken bold steps to translate academic research from the university lab to the patient. A pharmaceutical public-private partnership (PPPP), which is a legally binding contract between a private pharmaceutical enterprise and a public research university (or a private university doing research funded with public funds), can be a significant tool to ensure a more efficient payoff in the highly regulated world of pharmaceuticals. In particular, a properly framed binding contract, coupled with respect for positive social norms, can …

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