CPI Antitrust Chronicle

April 26, 2017
de Carvalho, Nuno Pires

In Search of a Problem: The Interface of Car Body Part Design Protection with Antitrust

The interface of intellectual property with antitrust has many facets, and one that has surfaced in recent years is the acquisition of market power by the owners of designs as regards car body parts. Such power results from the lock-in of car buyers who need to have their cars repaired after an...Read More

April 26, 2017
Teece, David and Sherry, Ed

On Patent “Monopolies”: An Economic Re-Appraisal

In exchange for public disclosure, the patent system gives a successful patent applicant the right to exclude others from using the patented technology without permission for a period of time (in the U.S., currently 20 years from application). A series of older cases refer to this exclusivity as...Read More

April 26, 2017
Taladay, John

Measuring The Impact Of Injunctive Relief On Innovation

This article considers the impact of injunctions, or more specifically the lack of the availability of an injunction, on an innovator’s investment decisions. It concludes that: (1) it is possible to measure the impact that a “no injunction” in patent infringement actions will have on innovation...Read More

April 26, 2017
Dowd, Matthew and Michel, Paul

The Need For “Innovation Certainty” At The Crossroads Of Patent And Antitrust Law

Due to a parade of legislation, judicial interpretations, and administrative application during the past decade, the combination of patent law destabilization and antitrust law uncertainty has devastated innovation certainty in the United States. We are now seeing the manifestations of...Read More

April 26, 2017
Petit, Nicolas

The Smallest Salable Patent-Practicing Unit Experiment, General Purpose Technologies And The Coase Theorem

In the past years, some Standard-Setting Organizations active in wireless communications have experimented new technology pricing principles which upset this basic economic wisdom. One of those changes is the “SSPPU” experiment. SSPPU wants to prevent upstream technology developers to claim all...Read More

April 26, 2017
Ohlhausen, Maureen

Interview with Maureen Ohlhausen – Acting Chairman of the Federal Trade Commission

Interview with Maureen Ohlhausen – Acting Chairman of the Federal Trade Commission.Read More

July 2015
Stark, Richard

Debunking the Smallest Salable Unit Theory

Manufacturers of devices such as smartphones need licenses to intellectual property held by innovators. Naturally, as profit-maximizing entities, they prefer to acquire the licenses they need at the lowest possible cost—that is, for the smallest royalty payments, or even royalty free. To achieve...Read More

March 2015
Stark, Richard

The Royalty Stacking Supposition

The Federal Circuit’s ruling heralds a sensible reorientation of the discussion away from mere possibilities toward focusing on realities. No matter where you stand on SEP/FRAND issues, a turn toward evidence should be greeted as a healthy development.Read More