This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing the history of patent misuse and its reformulation into an...

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...

The rapid integration of generative AI (GenAI) into industries and society has prompted a re-evaluation of copyright and intellectual property rights (IPR) frameworks. GenAI's ability to produce original content using data from human-created sources raises critical ethical and legal concerns....

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...

The Supreme Court’s decision in Alice Corp. v. CLS Bank has had a decimating influence on patents and patent applications. Its long shadow looms over every stage of a patent’s life cycle — from prosecution to litigation and the administrative post-grant process at the patent office. In...

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...

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,...