Carl Shapiro and Aaron Edlin, along with Scott Hemphill and Herbert Hovenkamp, wrote an article about FTC v. Actavis, Inc. which appeared in the fall 2013 issue of Antitrust. The article identifies the essential features of the Supreme Court’s analysis and describes the elements of a plaintiff’s affirmative case, justifications that are ruled out by the Court’s logic, and a test for viable justifications. To read the article, click the link below.
How compulsory licensing shaped innovation in the Xerox case
In a new article published in the Journal of Industrial Economics, CRA’s Robin Mamrak shows that opening up an incumbent’s patent portfolio can promote...