Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or...

Much recent scholarship focuses on the problems posed by uncertainty regarding intellectual property rights. In patent law, this uncertainty relates primarily to the scope and validity of patents, which plays an important role in litigation decisions. With assessment of the likelihood of...

Markets run on information. Buyers make decisions by relying on information about the products available, and sellers decide what to produce based on information about what buyers want. But the ways in which this market information is acquired has changed, as consumers increasingly turn to...

The U.S. Department of Justice's pursuit of the participants in the LIBOR conspiracy almost exclusively through fraud claims stands in dramatic contrast with the European Commission's use of antitrust law to impose fines on the same parties for the same conduct. This short note describes the...

These materials, which originally appeared on the Patently-O blog, address the back-and-forth between Makan Delrahim, the Assistant Attorney General for the Antitrust Division of the Department of Justice, and attorneys both objecting to and supporting his views on standard-essential patents...

Justice John Paul Stevens practiced antitrust law before his appointment to the Supreme Court of the United States. He also taught antitrust and served on commissions studying the antitrust laws. He therefore had experience in both the practicalities and the problems of antitrust law. This...

Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader...