This Article examines the problem of patent hold-ups in standard setting organizations. The paper critically assesses the solutions currently used to address the problem and explains why the overlooked policy lever of patent misuse provides a best answer yet to patent hold-ups. This article is...

Few legal issues in recent years have captured the public’s attention more powerfully than litigation over standard essential patents (“SEPs”). This Article explains how SEP litigation overlaps with two other major centers of patent litigation – litigation involving smartphones and...

This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in...

This Article is the first study to comprehensively explore the centrality of the patent dialogue at the Court of Appeals for the Federal Circuit, the nation's principal patent court from empirical, doctrinal, and policy perspectives. It offers several insights into how the Federal Circuit...

The draft Guidelines are a welcome update after twenty-one years. The updated Guidelines should:1. Clarify prior positions taken by agencies;2. Include a more comprehensive body of relevant case law; 3. Include Actavis' holding on patent scope; 4. Discuss Kimble in its correct context or omit it...

This chapter highlights U.S. agribiotech patent issues as they relate to the food supply chain. Agribiotech patents challenge how we think about fundamental issues of seed ownership, innovation, and when downstream uses are or should be permissible. Part II of this chapter sketches the arc of...

Holdups have gained infamy from the image of knuckled-under implementers forced to pay patentees a premium because they are locked-in. Like shark attacks, holdups are real but their actual occurrence is sporadic enough to be treated as aberrations rather than a systematic failure in the patent...

Expiration of a patent terminates the patentee’s right to collect post-accrual royalties on that patent, even if the license says otherwise. The ultimate goal of the patent system is to provide incentives to innovate as a means to facilitate the disclose of inventions and the dissemination of...