In March 2011, the Federal Trade Commission released an eagerly awaited report on the U.S. patent system. The FTC advances a series of recommendations separately aimed at ameliorating the dire levels of notice imparted by most patents and correcting erroneous judicial practices that too-often...

This article develops a novel theory by which to construe the interaction between the patent and antitrust laws. The rules of these respective disciplines are often portrayed as conflicting in means, yet harmonious in purpose. Although the intellectual property and antitrust laws have ostensibly...

Patent-assertion entities, or “PAEs,” are non-technology-practicing companies that aggregate and license patents under threat of suit. Their activities have drawn fire, including Presidential condemnation, and spurred proposed legislation to protect operating firms against them. PAEs...