FTC Commissioner Edith Ramirez and Lisa Kimmel discuss the Commission's March 2011 Patent Report, focusing on how patent notice and remedies affect innovation, competition, and consumer welfare in light of the growth of open innovation business strategies and the expansion of a secondary market for patents.
Henry Su examines the competition themes in the FTC's March 2011 Patent Report, particularly the observation that invention is just the first step to innovation. He also opines on what is not addressed, for example, that the right to exclude may have overshadowed the economic value of invention.
David L. Meyer analyzes the Sixth Circuit's opinion in Realcomp II, which offers valuable lessons about the way courts approach rule of reason analysis.
Thomas D. Fina and Vishal Mehta use two recent merger investigations from the DOJ and FTC as illustrations to argue that the antitrust agencies are open to considering the failing firm defense, and describe how to assert the defense effectively.
Gregory L. Kinzelman keeps practitioners up to date with an in-depth review of the key changes to the Hart-Scott-Rodino premerger notification form that will take effect this month.
Former Antitrust Counsel to the House Judiciary Committee Anant Raut reports on what has been happening on the Hill with respect to antitrust issues and what to expect during the remainder of the 2011–12 term.
Melissa H. Maxman and Elizabeth L. Holdefer discuss the tension between the views of the Antitrust Division and the defense bar on volume of commerce calculations used in sentencing, and how those views affect plea negotiations.
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