All Article Summaries

Antitrust authorities express concerns about the power of "Big Tech." Authorities should apply advances in the study of platforms to better understand the beneficial role of digital platforms serving as intermediaries.

Some antitrust policymakers are recognizing the importance of innovation competition, including nonprice competition and technological change. Antitrust policymakers must update their analysis to avoid errors.

Traditional methods of estimating returns to research and development (R&D) ignore gains from selling or licensing intellectual property. Counting these gains shows they are an important source of returns to R&D.

Some are concerned that patents for complex innovations give rise to problems such as royalty stacking or patent thickets. However, empirical data shows that patent pools and negotiation of patent licenses tend to eliminate these concerns.

As 5G mobile telecommunication technologies develop, some have proposed that courts or administrative agencies should regulate licensing of Standard Essential Patents (SEPs).

Courts differ as to how to calculate damages for patent infringement. The best approach would be for courts to construct an “informed contract” between the parties to the dispute.

Some economic models omit intermediaries, entrepreneurs, and other key factors in dynamic markets. The study of platforms like eBay and Etsy leads to the development of more realistic economic models.

Some observers are concerned that standard setting unfairly benefits the owners of standard essential patents (SEPs). However, standard setting organizations (SSOs) usually choose rules that benefit all.

Technological change is increasing the importance of intangible assets. A new legal concept, the “Intellectual Contract” (IC), would better support innovation, as current Intellectual property (IP) rules are limited.

The authors argue the FTC’s patent regulation proposal is an overreach that will disrupt and impede the IP marketplace.