“To be able to retain the fruits of one’s labor; to be able to see one’s work made permanent; to be able to bequeath one’s property to one’s posterity; to be able to rise from the natural condition of grinding poverty to the security of enduring accomplishment; to have something that is really one’s own — these are advantages difficult to deny.”

— Russell Kirk, The Politics of Prudence


Commenters on Bayh-Dole Rule Object to Mention of ‘Pricing’ in March-In Provision

“Eagle Forum Education and Legal Defense Fund calls the proposed injection of price into march-in decisions ‘the bad apple on an otherwise fruitful tree.’” 


Box Score on the New Madison Approach to Antitrust and Patents

Asst. Atty. Gen'l. Delrahim's Antitrust Division from 2017 through 2020 filed more than 40 amicus briefs or statements of interest in antitrust cases. It amassed a respectable box score: courts accepted the Department’s position in 15 cases and disagreed in two cases. 


Getting Antitrust Right Without Suffocating Technological Progress

A crowning achievement of the past half-century has been the establishment of the “consumer welfare” standard as the bedrock principle for assessing anticompetitive conduct. Its well-reasoned, well-founded basis has delivered an objective measure and impartial approach to matters of monopolization — the power to control prices or exclude competitors coupled with exclusionary conduct. 


Don't Impose Foreign Price Controls on Prescriptions

Biotech, pharmaceutical, and medical provider organizations have sued the Trump administration over an overreaching rule, called "Most Favored Nation," that imports foreign government-run medical systems’ price controls as a gambit to lower prescription drug prices.  MFN won't. 


Biden-Harris Will Wreak Havoc on Health Care and Innovation

The Biden-Sanders-Harris health agenda threatens to quash America’s global-leading biomedical innovation and to reduce consumer choice in health care. 


OMB Should Move to Strengthen Patent Rights

OMB has gotten sandbagged by Big Tech companies and special interests that prefer weak patents, weak patent rights and unreliable patents.  


No Holy Grail on Drug Prices in Importation

The Trump administration’s drug importation rule takes another step in seeking the holy grail of lower drug costs.  It’s a noble quest destined for failure. 


The FTC Should Adopt the New Madison Approach

The exercise of IP rights should not be confused with anticompetitive conduct. Those who implement the inventions of others, who bore no up-front risk, shouldn’t be advantaged by antitrust enforcers putting their thumbs on the scales. 


A Victory for Innovators and Dynamic Competition

The Ninth Circuit’s thorough reversal of a thoroughly irredeemable district court ruling in FTC v. Qualcomm represents a decisive win for U.S. innovators in cutting-edge technological fields. This unanimous judgment illustrates how the exclusive right over a patented invention for a limited period ought to be understood in relation to antitrust. 


Restoring the Gold Standard of American Innovation Through Patent Legislation

Cutting-edge technologies come in the context of U.S. industrial competitiveness, namely concerning an aggressive China that doesn’t hesitate to use compulsion and crookedness to advance its totalitarian agenda. Yet, the American patent system has been weakened. 


How to Hopscotch China on 5G

Many in business, policy circles and government have increasingly recognized the link between national security and economic security, including in wireless technology. There's an ideal solution for 5G that leverages American strengths. It hopscotches the capital-intensive infrastructure model by delivering broadband and wireless 5G service via an open radio access network. 


Innovation Is America's Greatest Asset

American innovation doesn’t occur in a vacuum. It’s built on the foundation of secure, reliable, enforceable private intellectual property rights in rules-based IP and legal systems. 


The Steady Separation of Patents and Property Rights

The world’s patent “gold standard” has lately suffered vigorous attack. The cumulative effect has rendered patent rights less secure and less enforceable, patents weaker and less certain, and ownership in one’s inventions alienable. 

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