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...

The questions in FTC v. Qualcomm are consequential in setting competitive norms in an economy anxious about the exercise of market power. Like many other antitrust cases, this one shows symptoms of antitrust law’s inherent vulnerability to ideology stampeding facts and data. Seen as an...

Singapore protects databases under copyright law. While copyright may be conceptually malleable enough to protect databases, stretching copyright over these factual compilations may be a rough and incomplete solution to regulating access. The EU Database Directive makes a clearer...

This paper argues that antitrust law supplements endogenous means with intellectual property law in maintaining the 'access-incentive' balance in databases. It starts from the premise that a trend toward 'TRIPs-plus' rights in databases, whatever its form, is inevitable. The reason is a simple,...