Competition Policy and Patent Law under Uncertainty

Geoffrey A. Manne is the founder and Executive Director of the International Center for Law and Economics (ICLE) in Portland, Oregon. He is also a Lecturer in Law at Lewis and Clark Law School in Portland and an academic affiliate of LECG, the global expert services and consulting firm. Prior to founding ICLE, Professor Manne was Director of Global Public Policy at LECG and directed Microsoft's legal and economics academic outreach program. Earlier, Professor Manne was a law professor specializing in antitrust law and economics, intellectual property law, corporate governance and international economic regulation, all topics on which he has written. His publications have appeared in journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Public Policy, the Wisconsin Law Review, the Alabama Law Review and the Arizona Law Review. He is an expert in the economic analysis of law, drawing on degrees from the University of Chicago as well as work for Judge Richard Posner, private practice, and brief service at the FTC. Professor Manne has practised antitrust law at Latham and Watkins, has served as a Bigelow Fellow at the University of Chicago Law School and an Olin Fellow at the University of Virginia School of Law, and has clerked for Judge Morris S. Arnold on the 8th Circuit Court of Appeals. Professor Manne is a co-founder of the Microsoft/George Mason Annual Conference on the Law and Economics of Innovation (with Joshua Wright). He blogs at Truth on the Market. Joshua D. Wright is an Associate Professor of Law at George Mason University School of Law, Arlington, Virginia, and the Director of Research of the International Center for Law and Economics. Professor Wright was appointed as the inaugural Scholar in Residence at the Federal Trade Commission Bureau of Competition, where he served until autumn 2008. Professor Wright was a Visiting Professor at the University of Texas School of Law and was a Visiting Fellow at the Searle Center at the Northwestern University School of Law during the 2008–9 academic year. Professor Wright's areas of expertise include antitrust law and economics, intellectual property law, consumer protection, empirical law and economics, and economics of contracts. His publications have appeared in leading academic journals, including the Journal of Law and Economics, the Antitrust Law Journal, Competition Policy International, the Supreme Court Economic Review, the Yale Journal on Regulation, the Journal of Competition Law and Economics, the Review of Law and Economics and the UCLA Law Review. Prior to joining the faculty at George Mason, Professor Wright clerked for the Honorable James V. Selna of the Central District of California and taught law and economics at the Pepperdine University Graduate School of Public Policy. He blogs at Truth on the Market.

• Introduction; Part I. Keynotes: 1. Information, capital markets, and planned development: an essay Robert Cooter; 2. The disintegration of intellectual property Richard A. Epstein; Part II. The Economics of Innovation: 3. Regulation of bundling in standards and new technologies Stan J. Liebowitz and Stephen E. Margolis; 4. Unlocking technology: antitrust and innovation Daniel F. Spulber; 5. Creative construction: assimilation, specialization, and the technology life cycle Marco Iansiti and Greg Richards; Part III. Innovation and Competition Policy: 6. Favoring dynamic over static competition: implications for antitrust analysis and policy David Teece; 7. Antitrust, multidimensional competition, and innovation: do we have an antitrust-relevant theory of competition now? Joshua D. Wright; 8. Section 2 and article 82: a comparison of American and European approaches to monopolization law Keith N. Hylton and Haizhen Lee; Part IV. The Patent System: 9. Rewarding innovation efficiently: the case for exclusive rights Vincenzo Denicolò and Luigi Alberto Franzoni; 10. Presume nothing: rethinking patent law's presumption of validity Mark Lemley and Douglas G. Lichtman; 11. Patent notice and patent design Michael Meurer; Part V. Property Rights and the Theory of Patent Law: 12. Commercializing property rights in inventions: lessons for modern patent theory from classic patent doctrine Adam Mossoff; 13. Modularity rules: information flow in organizations, property, and intellectual property Henry Smith; 14. Removing the property from intellectual property and (intended?) pernicious impacts on innovation and competition F. Scott Kieff; Part VI. Intellectual Property and Antitrust: The Regulations of Standard-Setting Organizations: 15. Increments and incentives: the dynamic innovation implications of licensing patents under an incremental value rule Anne Layne-Farrar, Gerard Llobet and Jorge Padilla; 16. What's wrong with royalty rates in high technology industries? Damien Geradin; 17. Federalism, substantive pre-emption, and limits on antitrust: an application to patent hold-up Bruce H. Kobayashi and Joshua D. Wright.

'After a century of exponential growth in innovation, we have reached an era of serious doubts about the sustainability of the trend. Manne and Wright have put together a first-rate collection of essays addressing two of the important policy levers - competition law and patent law - that society can pull to stimulate or retard technological progress. Anyone interested in the future of innovation should read it.' Daniel A. Crane, University of Michigan