What You Need To Know About Standard Essential Patents

In the past several years, standard essential patents, or “SEPs,” have exploded onto the scene. Courts and enforcement agencies around the world have grappled with the nuances they present. What exactly are SEPs? What do attorneys need to know about SEPs? In his recent article, Professor Carrier answers these questions. After presenting the setting in … Continue reading What You Need To Know About Standard Essential Patents

Michael Carrier testifies to U.S. Senate committee

http://www.c-spanvideo.org/program/PatentS Michael Carrier testified before the U.S. Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights at a hearing entitled “Pay-for-Delay Deals: Limiting Competition and Costing Consumers” that was televised on C-SPAN. He provided support for congressional legislation to address the problem of settlements by which brand-name drug companies pay generics to delay … Continue reading Michael Carrier testifies to U.S. Senate committee

Increasing Innovation Through Copyright Common Sense and Better Government Policy

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2288618 Innovation is crucial to the U.S. economy. But many of our laws and policies are not promoting innovation. This Essay addresses this problem. The first set of proposals focuses on copyright law. The recommendations avoid vague copyright law and suggest the elimination of statutory damages and personal liability in cases of secondary infringement. The … Continue reading Increasing Innovation Through Copyright Common Sense and Better Government Policy

Actavis and “Large and Unjustified” Payments

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2302438 This short piece responds to Alan Morrison’s post on SCOTUSblog that the Supreme Court’s Actavis decision is unclear because of its emphasis on “large and unjustified” payments. The piece first explains that the payments at issue in “reverse payment” cases are, by definition, likely to be large since payments less than the average $5 … Continue reading Actavis and “Large and Unjustified” Payments