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Patent Law Patent Licensing Patent Litigation Patent Theory Patents

The Problem With the ‘Patent Thicket’ Narrative

By Kristen Osenga Cross-posted with permission from Professor Osenga’s December 8, 2025, LinkedIn article I’ve seen a lot of misinformation circulating online lately about patents and their role in drug prices. Some articles – like this one – claim that so-called “patent thickets” are an abusive strategy drug companies use to keep prices high. The […]

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Biotech Patent Law Patent Licensing Patents Pharma

Pharmaceutical “Nominal Patent Life” Versus “Effective Patent Life,” Revisited

By Emily Michiko Morris and Joshua Kresh Executive summary: Many critics of pharmaceutical companies argue that they abuse the patent system through “evergreening” or “thickets” to increase the amount of time they can avoid generic competition and keep drug prices high. Those critics have not looked at the real-world effects of pharmaceutical patents on generic […]

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Patent Licensing

[Archived Post] LeadershIP 2020: Injunctive Relief in Standard-Essential Patent Cases

The following post comes from Colin Kreutzer, a 2E at Scalia Law and a Research Assistant at CPIP. By Colin Kreutzer The LeadershIP conference is dedicated to promoting an open dialogue on global issues surrounding innovation, intellectual property, and antitrust policy. On September 10th, LeadershIP kicked off its 2020 series of virtual events with a […]

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Antitrust Innovation Patent Licensing

[Archived Post] Jonathan Barnett on the “License as Tax” Fallacy and the Real-World Benefits of Licensing

The following post comes from David Ward, a rising 2L at Scalia Law and a Research Assistant at CPIP. By David Ward “Casual metaphors can have dangerous consequences.” CPIP Senior Fellow for Innovation Policy Jonathan Barnett’s new paper, The ‘License as Tax’ Fallacy, seeks to undo what he considers to be a dangerous, casual metaphor, […]

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Antitrust Innovation Patent Licensing

[Archived Post] IP for the Next Generation of Mobile Technology: How the Antitrust Division Devalued Standard-Essential Patents

In advance of our Sixth Annual Fall Conference on IP for the Next Generation of Technology, we are highlighting works on the challenges brought by the revolutionary developments in mobile technology of the past fifteen years. As we highlighted in previous posts in this series (see here and here), a 2015 policy change at the […]

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Innovation Patent Licensing

[Archived Post] IP for the Next Generation of Mobile Technology: How Ignorance of Standard Setting Operations Hinders Innovation

In advance of our Sixth Annual Fall Conference on IP for the Next Generation of Technology, we are highlighting works on the challenges brought by the revolutionary developments in mobile technology of the past fifteen years. The development and implementation of technology standards is a complex process, and it’s one often misunderstood by commentators, courts, […]

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Innovation Patent Licensing

[Archived Post] IP for the Next Generation of Mobile Technology: How IEEE’s Policy Changes Have Created Uncertainty for Innovators

In advance of our Sixth Annual Fall Conference on IP for the Next Generation of Technology, we are highlighting works on the challenges brought by the revolutionary developments in mobile technology of the past fifteen years. Earlier this year, CPIP’s Adam Mossoff and Kevin Madigan detailed an in-depth empirical study on the troubling repercussions of […]

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Innovation Patent Licensing

[Archived Post] Focusing on IP for the Next Generation of Mobile Technology

In advance of our Sixth Annual Fall Conference on IP for the Next Generation of Technology, the Center for the Protection of Intellectual Property will be highlighting works on the challenges brought by the revolutionary developments in mobile technology of the past fifteen years. These articles address issues related to patent licensing, standard setting in […]

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Innovation Patent Licensing

[Archived Post] Study Finds IEEE’s 2015 Patent Policy Sowing Uncertainty and Slowing Innovation

By Kevin Madigan & Adam Mossoff As the world prepares for the game-changing transition to 5G wireless systems, the high-tech industry must continue to efficiently develop and implement technologies and networks that work together across different platforms and devices. Few people are aware of how this happens, because it occurs solely between the companies who […]

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Antitrust Patent Licensing

[Archived Post] Department of Justice Recognizes Importance of Reliable Patent Rights in Innovation Economy

It is undeniable that the patent system has been under stress for the past decade, as courts, regulators, and even the Patent Office itself (as the newly confirmed Director Andrei Iancu has acknowledged) have sowed legal uncertainty, weakened patent rights, and even outright eliminated patent rights. This is why a series of recent speeches by […]