Tag: Patents

Patent Holdup, the ITC, and the Public Interest

Colleen V. Chien & Mark A. Lemley

Patent-assertion entities (PAEs, also known as “patent trolls”) assert patents as a business model, traditionally using the threat of an injunction to reach a favorable settlement with the defendant.  That threat often results in patent holdup.  As Justice Anthony Kennedy articulated in his concurrence in eBay Inc. v. MercExchange, L.L.C.,… Read More »

Making Sense of Intellectual Property Law

Christopher Buccafusco - Chicago-Kent College of Law

Imagine three designers working separately from one another but each producing the same thing: a ball made from floppy, elastomeric filaments that radiate from a central core region. The first designer, an engineer, creates the ball because she thinks it will be easier for small children to catch. The second… Read More »

Valuing Intellectual Property: An Experiment

Christopher Buccafusco & Christopher Jon Sprigman

In recent decades, research in behavioral psychology and experimental economics has undermined some of the fundamental principles of the “rational choice” model of neoclassical economics—in particular, the assumption that decision-makers have stable preferences.  A large volume of data shows that people’s preferences are subject to a variety of cognitive biases… Read More »

Commercializing Patents

Ted Sichelman - University of San Diego Law School

About half, probably more, of all patented inventions in the United States are never commercially exploited. Many of these undeveloped inventions are commercially worthless ab initio, such as the anti-eating face mask, beer bottle mini-umbrella, and weed-cutting golf club.

Yet, for several reasons, the patent “underdevelopment” problem arguably applies to… Read More »

Claiming Intellectual Property

Jeanne C. Fromer - Fordham Law School

By writing a series of James Bond novels, Ian Fleming qualified for American copyright protection, pursuant to which works created by others without license and found by courts to be substantially similar to the novels would generally infringe his copyright.  Imagine instead that Fleming would have had to draft a… Read More »

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