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Intellectual Property Practice Group
December 2, 2014On December 2, 2014, the Federalist Society hosted a half-day conference on Patents and Innovation. Prof. Richard Epstein delivered the Keynote Address.
Back to topPatents and Innovation: Addressing Current Issues
Topics: | Administrative Law & Regulation • Intellectual Property • International Law & Trade |
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Parity between the treatment of intellectual property rights (IPRs) and real property is a core principle of the DOJ/FTC 1995 Guidelines on licensing patents, which provide that the “[a]gencies apply the same general antitrust principles to conduct involving intellectual property that they apply to conduct involving any other form of tangible or intangible property.” Are these guidelines still being followed, or have the Federal Trade Commission and Department of Justice have taken actions that signal a departure, and perhaps a skepticism about patent licensing activity, particularly with respect to technological standards? Under either scenario, what are the implications for innovative U.S. companies at home and abroad, including in China where regulators are using antimonopoly powers to extract commercial concessions from U.S. technology leaders? How can patent rights and competition policiesbest co-exist while preserving incentives for firms to invest in R&D and disseminate patented technologies through licensing, standard setting, and other voluntary arrangements?
This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.
Featuring:
Patents and Innovation: Addressing Current Issues
Topics: | Administrative Law & Regulation • Intellectual Property • Litigation |
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Policy makers on Capitol Hill are poised to press forward with legislation thatpurports to address what some believe is a litigation crisis, driven by so-called non-practicing entities. Others believe the legislation would ultimately undermine important property rights and patent licensing arrangements. The latter group asserts that a growing body of empirical evidence holds that patent litigation rates have not increased significantly and in fact appear to be on the decline. Will the proposed patent legislation address real litigation abuses, and what effect will it have on legitimate patent holders? Is there a responsible way to address patent litigation abuses without hampering patent-based incentives to invest in innovation? What do the answers to these questions mean for the United States efforts to promote strong IP laws abroad?
This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.
Featuring:
Patents and Innovation: Addressing Current Issues
Topics: | Administrative Law & Regulation • Intellectual Property |
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Prof. Richard Epstein delivered the Keynote Address during a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC. He was introduced by Dean A. Reuter, Vice President & Director of Practice Groups at the Federalist Society.