Tag Archive for competition

A History of Abuse

The U.S. patent system is almost as old as our country. The power to create patents was included in the constitution, and the first Patent Act was enacted in 1790. A lot of opponents of patent reform today argue that the length of the patent system in this country is indicative of its health as…

Patent Flood Continues

The patent arms race continues to expand.  In 2012, the U.S. Patent and Trademark Office (USPTO) saw a record 253,155 new patents issued.  Not only that, it also just set a record on January 8, 2013 when 5,633 utility patents were granted in one day.  At its current pace, the USPTO will come close to…

Yesterday’s FTC-DOJ Workshop on Patent Assertion Entities (PAEs)

Yesterday, the FTC and DOJ held a workshop on the anticompetitive effects of Patent Assertion Entities (PAEs), as Josh had posted about last week.  They put together a great collection of participants, and we commend them for this effort.  Jorge Torres compiled a Storify of Tweets from the event, featuring many from @PatentProgress.  David Balto…

Lessons from Apple v. Motorola in Wisconsin

The FTC’s recent consent order in its merger review in In the Matter of Robert Bosch GmbH – a combination of manufacturing companies that make air conditioning recycling, recovery, and recharge products that are essential for repairing and servicing the coolant systems on motor vehicles – contained an interesting twist.  While reviewing the merger, the FTC…

Why an Antitrust Lawyer Cares About Patent Reform

Since the advent of antitrust enforcement in the United States through the Sherman Act in 1890, antitrust law and patent law have endured an uneasy relationship.  Initial cases treated patents as superior to competition.  Patentees once were “the owner of a monopoly recognized by the Constitution and by the statutes of Congress.”  Gradually throughout the years…