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

Workshop Information

On May 26, 2010, the Department of Justice, 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.

For more information, contact Frances Marshall, Special Counsel for Intellectual Property, Legal Policy Section (frances.mashall@usdoj.gov or 202-305-2520).

Overview of the Workshop

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.

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.

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.

Moderators
Arti Rai, Administrator for External Affairs, U.S. Patent and Trademark Office
Erica Mintzer, Senior Counsel for Competition and Technology, Antitrust Division, Department of Justice

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
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).

Moderators
Suzanne Michel, Deputy Director, Office of Policy Planning, Federal Trade Commission
Ray Chen, Deputy General Counsel and Solicitor, U.S. Patent and Trademark Office

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.
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.

Moderators
Frances Marshall, Special Counsel for Intellectual Property, Department of Justice
Will Tom, General Counsel, Federal Trade Commission

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.
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

Press Release

May 10, 2010

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

Updated July 16, 2015