Category: Blog

The House Commerce Committee will hold a hearing tomorrow, July 11, on H.R. 3309, The FCC Process Reform Act.  Like most of what happens in Congress these days, it’s a bit of show on a bill that will go nowhere in the Senate.  Nevertheless, it’s worth noting a bit of Orwellian doublespeak in the bill … Continue reading Cynical Use of “Transparency” in GOP FCC Reform Bill…

On both sides of the Atlantic, brand-name drug companies have paid generics to delay entering the market. The week of June 17, 2013 will go down as potentially the most important week ever in the history of challenges to this activity. On Monday, the U.S. Supreme Court found that such “pay for delay” (or “reverse … Continue reading It’s Settled: Pay-for-Delay Challenges Had a Big Week…

One of the most complex and important issues involving antitrust and intellectual property involves agreements by which brand-name drug firms pay generics to stay off the market. In its Actavis decision (and in contrast to multiple appellate court decisions), the Supreme Court affirmed that this behavior can violate the antitrust laws. This post for IP … Continue reading The Supreme Court’s Actavis Decision, Or Why Pay-for-Delay Litigation Just Got More Active…

About 20% of the hugely valuable TV spectrum — slated for auction in 2014 — is reserved for noncommercial stations.   Only noncommercial stations (mostly owned by universities and community non-profits) can operate on this spectrum and when they sell, they must sell to other eligible noncommercial operators.  Two years ago, Congress made the fateful … Continue reading Scandalous Privatization of Noncommercial TV Spectrum…

We are entering a digital world in which some broadband content will be delivered to consumers toll-free and other content will come at a cost.  The cost won’t be in the form of a subscription charge, but in broadband usage fees charged by the wireless or wireline provider.  Those companies — such as Disney — … Continue reading Toll-free Broadband and the Public Interest…