The Mayflower Hotel
1127 Connecticut Avenue NW
Washington, DC 20036
On December 2, 2014, the Federalist Society hosted a half-day conference on Patents and Innovation. Prof. Richard Epstein delivered the Keynote Address.
The Regulatory Reach of the FTC, and its International Implications - Audio/Video
9:30 a.m. - 10:45 a.m.
Parity between the treatment of intellectual property rights (IPRs) and real property is a core principle of the DOJ/FTC 1995 Guidelines on licensing patents, which provide that the “[a]gencies apply the same general antitrust principles to conduct involving intellectual property that they apply to conduct involving any other form of tangible or intangible property.” Are these guidelines still being followed, or have the Federal Trade Commission and Department of Justice have taken actions that signal a departure, and perhaps a skepticism about patent licensing activity, particularly with respect to technological standards? Under either scenario, what are the implications for innovative U.S. companies at home and abroad, including in China where regulators are using antimonopoly powers to extract commercial concessions from U.S. technology leaders? How can patent rights and competition policies best co-exist while preserving incentives for firms to invest in R&D and disseminate patented technologies through licensing, standard setting, and other voluntary arrangements?
- Mr. Alden F. Abbott, Deputy Director, Edwin Meese III Center for Legal and Judicial Studies; John, Barbara, and Victoria Rumpel Senior Legal Fellow, The Heritage Foundation; former Director of Patent and Antitrust Strategy, BlackBerry
- Hon. Joshua D. Wright, Commissioner, Federal Trade Commission
- Moderator: Hon. Paul Michel, former Chief Judge, U.S. Court of Appeals, Federal Circuit
Balancing Patent Rights and Litigation Abuses - Audio/Video
11:00 a.m. - 12:15 p.m.
Policy makers on Capitol Hill are poised to press forward with legislation that purports to address what some believe is a litigation crisis, driven by so-called non-practicing entities. Others believe the legislation would ultimately undermine important property rights and patent licensing arrangements. The latter group asserts that a growing body of empirical evidence holds that patent litigation rates have not increased significantly and in fact appear to be on the decline. Will the proposed patent legislation address real litigation abuses, and what effect will it have on legitimate patent holders? Is there a responsible way to address patent litigation abuses without hampering patent-based incentives to invest in innovation? What do the answers to these questions mean for the United States efforts to promote strong IP laws abroad?
- Hon. F. Scott Kieff, Commissioner, United States International Trade Commission
- Mr. Noah Phillips, Chief Counsel, U.S. Senator John Cornyn at Senate Judiciary Committee
- Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of the Center for the Protection of Intellectual Property, George Mason University School of Law
- Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society
Luncheon and Keynote Address - Audio/Video
12:30 p.m. - 2:00 p.m.
- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law