Jonathan Barnett
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Restoring Deterrence Open
Since the Supreme Court’s 2006 decision in eBay, Inc. v. MercExchange, LLC, increasingly large portions of the patentee population have no realistic expectation of securing injunctive relief against adjudicated infringers. This judicially …
Index Open
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Patent Enforcement, Wireless Markets, and Global Competitiveness Open
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5G and Beyond Open
5G communications technologies will transform entire industries around the world and are already a core element of the mobile communications and automotive ecosystems. 5G and Beyond brings together some of the world's leading thinkers in l…
Transactional Solutions Open
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Patent Holdout and the Rise of “Efficient” Infringement Open
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Preface Open
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Intellectual Property and Competition Policy in Global Wireless Markets Open
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The “License as Tax” Fallacy Open
Intellectual property licenses are commonly portrayed as a “tax” that limits access to technology assets, which in turn stunts innovation by intermediate users and inflates prices for end-users. Renewed skepticism toward IP licensing, and …
The Great Patent Grab Open
From the late 1930s through the 1970s, the US innovation economy operated under a weak patent regime. This patent-skeptical climate was best illustrated by antitrust enforcement actions resulting in the compulsory licensing of leading US f…
Book Introduction: Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property Open
It is generally assumed that stronger intellectual property protections have adverse competitive effects by raising entry costs and shielding incumbents. This book identifies a significant range of circumstances in which stronger IP protec…
'Patent Tigers' and Global Innovation (2020 Update) Open
This short contribution updates through 2018 the author’s prior empirical study on global innovation trends as indicated by USPTO patenting data during 1965-2015. The principal trends identified previously have largely continued, with the …
The Case for Noncompetes Open
Scholars and other commentators widely assert that enforcement of contractual and other limitations on labor mobility deters innovation. Based on this view, federal and state legislators have taken, and continue to consider, actions to lim…
Stealth Commoditization: The Misuse of Smartphone Antitrust Open
This contribution condenses the author’s previous detailed analyses of antitrust and patent policies in global smartphone markets. The discussion comprises three elements. First, it identifies the key constituencies in the smartphone ecosy…
The Certification Paradox Open
It is commonly observed that certification intermediaries mitigate informational asymmetries by “lending” reputational capital to support transacting parties’ quality commitments. However, this proposition is challenged by cases in which w…
Antitrust Overreach: Undoing Cooperative Standardization in the Digital Economy Open
Information technology markets in general and wireless communications markets, in particular, rely on standardization mechanisms to develop interoperable devices for data processing, storage, and transmission. From 2G through the emergent …
The Patent System at a Crossroads Open
Judicial decisions, agency actions and legislative enactments have promoted a creeping reversion toward the weak patent regime that prevailed for several decades preceding the establishment of the Court of Appeals for the Federal Circuit. …
HAS THE ACADEMY LED PATENT LAW ASTRAY? Open
Scholarly commentary widely asserts that technology markets suffer from a triplet of adverse effect arising from the strong patent regime associated with the establishment of the Court of Appeals for the Federal Circuit in 1982: "patent" t…