Innovation for the 21st Century: A Response to Seven Critics

Abstract

In March 2009, the blog Truth on the Market hosted a symposium on my book, Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law. The Alabama Law Review agreed to publish revised versions of insightful commentary by Dan Crane, Dennis Crouch, Brett Frischmann, Scott Kieff, Geoff Manne, Phil Weiser, and Josh Wright.

In this response, I address the seven sets of comments by substantive area, starting with antitrust law, continuing with copyright and patent law, and concluding with more general critiques. As we seek to foster innovation in the 21st century, the critiques and elaborations offered in this symposium highlight some of the most pressing issues that confront us.

Keywords: innovation, patent, copyright, antitrust, IP-antitrust intersection, P2P, statutory damages, DMCA, post-grant opposition, eBay, biotechnology research tools, material transfer agreements (MTAs), innovation markets, standard-setting organizations (SSOs), Hatch-Waxman Act, pharmaceutical settlements

JEL Classification: I18, K21, L40, L41, L43, L65, L82, O30, O31, O34, O38