Public Workshop: The Intersection of Patent Policy and Competition Policy Workshop

Date:

Wednesday, May 26, 2010 (9:00am to 5:15pm eastern)

Location:

USPTO Madison Building Auditorium
600 Dulany Street
Alexandria, VA
United States

Event Details

Workshop Information

On May 26, 2010, the Department of Justice (DOJ), the Federal Trade Commission (FTC), and the Department of Commerce’s United States Patent and Trademark Office (USPTO) held a joint public workshop to address ways in which careful calibration and balancing of patent policy and competition policy can best promote incentives to innovate.

In recent years, Federal agencies and the courts have recognized that patents and competition share the overall purpose of promoting innovation and enhancing consumer welfare. Timely, high-quality patents promote investment in innovation. The competitive drive of a dynamic marketplace fosters the introduction of new and improved products and processes. By contrast, delay, uncertainty, and poor patent quality can create barriers to innovation. Additionally, where standards for violating antitrust law are unclear, or where the threshold for antitrust violations is set too low or too high, innovation can be stifled. This workshop addressed ways in which careful calibration and balancing of patent policy and competition policy can best promote incentives to innovate.

For more information, contact Jennifer Dixton or Erica Mintzer, Competition Policy and Advocacy Section.

Press release: Department of Justice, Federal Trade Commission and U.S. Patent and Trademark Office to Hold Workshop on Promoting Innovation - Workshop on May 26 to Explore the Intersection of Patent Policy and Competition Policy and its Implications for Promoting Innovation (May 10, 2010)

Date and Location

May 26, 2010

Alexandria, Virginia
The workshop was held at the USPTO’s campus at 600 Dulany Street, Madison Building Auditorium, Alexandria, Va. The general public and press were invited to attend and view the proceedings.

Workshop Agenda

9:00 a.m.	Welcoming Remarks David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office Christine Varney, Assistant Attorney General, Antitrust Division, Department of Justice Aneesh Chopra, U.S. Chief Technology Officer, Executive Office of the President
9:30 a.m.	Panel 1 The Patent Application Backlog: The Competitive Challenges for Innovators This panel examined how challenges posed by the patent backlog affect the competitive strategies of patent applicants and innovators. *Panelists* John F. Duffy, Oswald Symister Colclough Research Professor of Law, The George Washington University Law School Josh Makower, M.D., Founder & CEO, ExploraMed Development LLC Michael Meurer, Professor of Law, Boston University School of Law Richard T. Ogawa, Esq., Ogawa P.C. Scott Stern, Joseph and Carole Levy Professor, Kellogg School of Management, Northwestern University and Visiting Professor, MIT Sloan School of Management USPTO Moderator: Arti Rai, Administrator for External Affairs, U.S. Patent and Trademark Office DOJ Moderator: Erica Mintzer, Senior Counsel for Competition and Technology, Antitrust Division, Department of Justice
11:00 a.m.	Break
11:15 a.m.	Panel 2 Permanent Injunctions in the District Courts and ITC: Effects on Competition and Innovation This panel examined the impact of the Supreme Court’s 2006 opinion in eBay Inc. v. MercExchange L.L.C. on permanent injunctions for patent infringement in district courts and at the U.S. International Trade Commission (USITC). *Panelists* William Barr, former General Counsel, Verizon Communications Inc. Bernard J. Cassidy, Executive Vice President and General Counsel, Tessera Technologies, Inc. Colleen Chien, Assistant Professor of Law, Santa Clara Law Alice A. Kipel, Partner, Steptoe & Johnson LLP Christine McDaniel, Economic Advisor to Chairman Shara L. Aranoff, U.S. International Trade Commission Emily Ward, Vice President and Deputy General Counsel, eBay Inc. FTC Moderator: Suzanne Michel, Deputy Director, Office of Policy Planning, Federal Trade Commission USPTO Moderator: Ray Chen, Deputy General Counsel and Solicitor, U.S. Patent and Trademark Office
12:45 p.m.	Lunch Break
2:15 p.m.	Introductory Remarks Edith Ramirez, Commissioner, Federal Trade Commission
2:30 p.m.	Panel 3 Standard Setting, Patent Rights, and Competition Policy This panel evaluated the role of patents in connection with industry standards and the impact such standards have on competition. *Panelists* Mark Chandler, Senior Vice President & General Counsel, Cisco Systems Inc. Patrick Gallagher, Director, National Institute of Standards & Technology, Department of Commerce Brian Kahin, Senior Fellow, Computer & Communications Industry Association Anne Layne-Farrar, Director, LECG Stanford McCoy, Assistant U.S. Trade Representative for Intellectual Property and Innovation, Office of the U.S. Trade Representative, Executive Office of the President Amy A. Marasco, General Manager, Standards Strategy, Microsoft Corp. A. Douglas Melamed, Senior Vice President & General Counsel, Intel Corp. DOJ Moderator: Frances Marshall, Special Counsel for Intellectual Property, Department of Justice FTC Moderator: Will Tom, General Counsel, Federal Trade Commission
4:00 p.m.	Break
4:15 p.m.	Introductory Remarks Cameron Kerry, General Counsel, Department of Commerce
4:30–5:15 p.m.	Wrap-Up Discussion Carl Shapiro, Deputy Assistant Attorney General for Economic Analysis, Antitrust Division, Department of Justice Joseph Farrell, Director, Bureau of Economics, Federal Trade Commission Stuart Graham, Chief Economist, U.S. Patent and Trademark Office

Updated June 7, 2023

Topic

Antitrust