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

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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.

May 10, 2010

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

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.


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.


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).


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.


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.


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 30, 2020

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