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...

Earlier empirical studies unanimously concluded that patent law’s doctrine of equivalents was dead. This Article presents data revealing the doctrine’s unnoticed revitalization and its more recent evolution. Patentees are winning at significantly higher rates than they were a decade ago. The...

Substantial similarity, an analysis of the similarity between two works, is the fulcrum of copyright infringement. Recent cases involving Led Zeppelin’s signature song “Stairway to Heaven,” the award-winning movie “The Shape of Water,” and Google and Oracle’s dispute over computer...

This chapter argues that the key to navigating the Interface in Singapore includes understanding the nature of IP markets in Singapore and fostering synergies between the key institutions responsible for the IP and competition regimes. As Singapore adopts a regulatory self-assessment system,...

Patent strategy is deceptively simple in form, but complex in execution. Patents simply create a legal basis for transacting in inventions. However, the uncertain nature and scope of patent rights, the nature of the markets, and the ingenuity of market players make commercialisation of...