Patent Report
On March 7, 2011, the Federal Trade Commission released a report entitled The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition. That report recommends improvements to policies affecting patent notice and remedies for patent infringement. It continues the Commission’s policy engagement with the patent system, begun with its 2003 report, To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy. The 2011 report is based on the hearings, public comments, and selected panels of the May 26, 2010 workshop, for which information is posted below.
MAY 26, 2010 WORKSHOP
The Intersection of Competition Policy and Patent Policy: Implications for Promoting Innovation Sponsored by U.S. Patent and Trademark Office, U.S. Department of Justice and Federal Trade Commission
- Agenda [PDF]
- Press Release (May 10, 2010)
- Panelists Bios [PDF]
- Transcript [PDF]
MAY 4th-5th HEARING IN BERKELEY, CA
(Co-sponsored by The Berkeley Center for Law & Technology and The Berkeley Competition Policy Center)
- Agenda [PDF]
- Press Release (April 8, 2009)
- Pre-Registration Information
- Directions & Parking Information
- BCLT’s Audio Recordings
- Transcripts:
- Panelist Bios
- Panelist Presentations
- Henry Chesbrough, Specialisation and Markets for IP
- Bronwyn Hall, FTC Panel on Markets for IP and Technology
- Robert Merges, The Evolving IP Marketplace
- John W. Schlicher, Comments on Patent Damages, Injunctions, Recent Supreme Court Patent Decisions, and Other Issues Identified in the Notice of Hearings on the Intelluectual Property Marketplace
- Suzanne M. Shema, The Need for Distinct Claims
- Rosemarie Ziedonis, Startups as Sources of New Technologies…and Patents
APRIL 17th HEARING
- Agenda [PDF]
- Press Release (March 18, 2009)
- Webcast
- Transcript
- Panelist Bios [PDF]
- Panelist Presentations
- Iain M. Cockburn, Licensing: a view from the trenches (Selected findings from the LES Foundation Surveys)
- Stuart Graham, Patents and Technology Markets: How is the market operating, and can it be improved?
- James E. Malackowski, FTC Hearings on Developing Business Models and a National IP Economic Infrastructure
- Mark A. Lemley, Ignoring Patents; How To Make a Patent Market
- John W. Schlicher,
- R. Polk Wagner, Patent Portfolios [Written]; Understanding Patent Quality Mechanisms
MARCH 18th - 19th HEARING
- Agenda [PDF]
- Press Release (February 17, 2009)
- Webcast
- Transcripts:
- Panelist Bios [PDF]
- Panelist Presentations
- Ashish Arora, Markets for Technology and the Division of Innovative Labor: A View from the Ivory Tower
- James Bessen, Patent Notice and Markets for Technology
- Robert Hunt, The Federal Trade Commission’s Hearing on “The Evolving IP Marketplace”
- Ron D. Katznelson, “The Evolving IP Marketplace” Hearings on The Operation of IP Markets
- F. Scott Kieff, The Importance of Marinating on Patents
- Scott Stern, The Impact of the Patent System on the Market for Technology
FEBRUARY 11th - 12th HEARING
- Agenda [PDF]
- Press Release (January 12, 2009)
- Webcast
- Transcripts:
- Panelist Bios [PDF]
- Panelist Presentations:
- Keith Agisim, Study of the Evolving IP Marketplace
- Paul Janicke, Patent Damages (awards: overall median (p. 6); by district (p. 7); by year (p. 8))
- Aron Levko, 2009 Patent Damages Study - Preliminary Results
- Bryan P. Lord, Hearing on Patent Damages
- Steve Malin, Empirical Analysis Of Permanent Injunction Decisions Following eBay
- Marian Underweiser, Towards an Efficient Market for Innovation
- Donald R. Ware, Introductory Remarks and Presentation
DECEMBER 5th HEARING
- Agenda [PDF]
- Press Release (November 6, 2008)
- Webcast
- Transcript
- Panelist Bios [PDF]
- Panelist Presentations:
- Thomas Cotter, Remedies for Patent Infringement: Theory and Practice
- Peter N. Detkin, To Promote the Progress…of Useful Arts: Investing in Invention
- Q. Todd Dickinson, Federal Trade Commission Workshop: Recent and Proposed Changes in Remedies Law
- Brian Kahin, The Patent Ecosystem in IT: Business Practice and Arbitrage [Written Version]
- Daniel P. McCurdy, Unique Operating Companies Involved in Patent Litigation with NPEs; Patent Litigation Involving NPEs and Operating Companies
- Roderick R. McKelvie, Seagate Plus One: How the District Courts are Implementing Seagate; Seagate Plus One (Article)
- Joseph Scott Miller, Testimony of Professor Joseph Scott Miller, Lewis & Clark Law School - Legal Doctrines That Affect the Value and Licensing of Patents (Panel 3)
- Raymond Millien, The IP Marketplace Players
- John A. Squires, Patent Remedies: Can Quanta Finish What eBay Started? [Written Version]
- Jay Thomas, Patent Damages: Principles and Current Problems
- Duane R. Valz, Yahoo! Inc- FTC Hearing on The Evolving IP Marketplace
- Mallun Yen, Cisco Systems, Inc. FTC Hearing on the Evolving IP Marketplace [Written Version]
FILING A COMMENT
The Commission invites interested persons to submit written comments on issues related to this workshop. All comments in response to the Federal Register Notice or to inform discussion at the workshop must be received by May 15, 2009.
Comments should be captioned “Evolving IP Marketplace – Comment, Project No. P093900” and submitted according to the instructions below.
To File Electronically:
Follow the instructions and fill out the form at https://secure.commentworks.com/ftc-ipmarketplace
To File in Paper Form:
A comment filed in paper form should include the reference to “Evolving IP Marketplace – Comment, Project No. P093900” in both the text and on the envelope, and should be mailed or delivered to the following address:
Federal Trade Commission
Office of the Secretary
600 Pennsylvania Avenue, N.W.
Room H-135 (Annex I)
Washington, DC 20580
Because postal mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, as described above. The FTC requests that you send any comment by courier or overnight service, if possible.
To Request Confidential Treatment:
To request confidential treatment, you must file in paper form and clearly label the first page of the document with “Confidential” and comply with Commission Rule 4.9(c). 15 C.F.R. § 4.9(c).
FTC PRIVACY POLICY
Under the Freedom of Information Act (“FOIA”) or other laws, we may be required to disclose to outside organizations the information you provide when you pre-register. The Commission will consider all timely and responsive public comments, whether filed in paper or electronic form, and as a matter of discretion, we make every effort to remove home contact information for individuals from the public comments before posting them on the FTC website.
The FTC Act and other laws we administer permit the collection of your pre-registration contact information and the comments you file to consider and use in this proceeding as appropriate. For additional information, including routine uses permitted by the Privacy Act, see the Commission’s comprehensive Privacy Policy.