This paper examines the application of the essential facilities doctrine (EFD) to copyrighted works. It attempts to address three contemporary issues. First, it offers reasons why copyright has become subject to competition law regulation under the essential facilities doctrine. Second, it makes...

Courts, patent attorneys, and legal scholars have wrestled with operationalizing the doctrine of equivalents for nearly 150 years. A venerable exception to normal patent infringement rules, the doctrine is deceptively simple to state—it enables patentees to reach beyond the literal wording of...

Consumers generally rely on trademarks to navigate consumption choices. Consumers use trademarks as a convenient way to decide whether to purchase products and services in adjacent markets. Part I of this Chapter explores AI’s liberating effect on bounded rationality and consumers’ need to...

Computational antitrust comes to us at a time when courts and agencies are underfunded and overwhelmed, all while having to apply indeterminate rules to massive amounts of information in fast-moving markets. In the same way that Amazon disrupted e-commerce through its inventory and sales...

Professor Herbert Hovenkamp’s impact on intellectual property (IP) law is significant. His writings reveal a deep and intuitive grasp of innovation and its mechanisms. This paper gleans Professor Hovenkamp’s key insights about the IP and antitrust interface. It examines the rules 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...