D.C Circuit Throws Out Net Neutrality Rules. We’ve waited a long time for a verdict on the FCC’s net neutrality rules (Open Internet Order). On 14 January, the D.C. Circuit Court of Appeals, in a 63-page opinion, handed a qualified victory to the challenger in Verizon v. FCC, by throwing out most of the rules. … Continue reading U.S. Net Neutrality Rules Gone for Now…
Category: Blog
D.C. District Court on Why NSA Bulk Data Collection Violates Privacy
U.S. federal district court Judge Richard Leon (Washington D.C.) on December 16 held in a 68-page opinion that the NSA’s bulk collection of mobile phone call “metadata” was an unconstitutional violation of privacy. The effect of the decision is stayed pending appeal, but the court’s reasoning is instructive. Essentially, the judge found that: (1) our … Continue reading D.C. District Court on Why NSA Bulk Data Collection Violates Privacy…
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…
The US Supreme Court Issues First Ruling on Antitrust Legality of Reverse-Payment Drug Patent Settlements (Actavis)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2293867 This short article summarizes FTC v. Actavis, the first case in which the Supreme Court analyzed the antitrust legality of agreements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market.It concludes that the ruling must be counted as a win for the FTC since the most likely … Continue reading The US Supreme Court Issues First Ruling on Antitrust Legality of Reverse-Payment Drug Patent Settlements (Actavis)…