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Showing posts from August, 2012

WIPO: 2012 IP Facts and Figures: Computer Technologies' Patent Dominance

However, "most national  and regional IP office statistics refer to 2010".
At p.21: "(I)n 2010, computer technology (117,576) and electrical machinery (104,543) accounted for the largest numbers of applications, with a combined share of 15% of all published application" (emphasis mine).

Lemley on what drives competition in the IT space

“Apple presented the intellectual property view of innovation — we created it, we own it, you can’t use it. Samsung presented the competition view of innovation — everyone should make great products and let consumers choose. IP law generally sides with Apple at this broad level, though there is a pretty good argument that it is competition, not monopoly, that drives great innovation in the IT space”, from Competing Views of Competition in Apple-Samsung Trial,, here.

Embracing Magic

K. Walker, here. #TPIAspen

Quotation from  Magical Patent Policy: "one third of all patent lawsuits now involve software
patents, way out of whack to the relative size of the industry. Software and Internet patents are litigated
eight times more often than other patents. Troll lawsuits cost productive U.S. companies $29 billion in
direct payouts last year, $80 billion a year when you take all costs into account, and more than $500
billion in the years since the Federal Circuit first authorized software patents. Worst of all, wasteful
patent litigation is costing customers real money and real choices in the devices they love.
This happens because software patents too often allow ownership of broad, sometimes trivial ideas. It
should not be this way. It is the execution as much as the idea that often matters in the
marketplace. Facebook wasn’t the first social network -- but it thrived because it executed well. Google
wasn’t first in search, but the way we executed has made our re…

Panel - Internet Competition: Implications for Antitrust

ASPEN 2012 AGENDA, Technology Policy Institute 
August 21, 2012 Susan Athey, Professor of Economics, Department of Economics, Harvard University and Visiting Researcher, Microsoft Research New England Tim Bresnahan, Landau Professor in Technology and the Economy, Stanford University Carlos Kirjner, Vice President and Senior Analyst, Internet, Alliance Bernstein William Kovacic, Global Competition Professor of Law and Policy; Professor of Law; Director, Competition Law Center, George Washington University Edith Ramirez, Commissioner, Federal Trade Commission Hal Varian, Chief Economist, Google Thomas Lenard, President and Senior Fellow, Technology Policy Institute (moderator)
Full Agenda here.
 , Video here.

- EU setting standards for competition policy globally  - Platform competition and multihoming - Complements/substitutes - counterfactuals and harm to competition by innovation
- leadership in the vertical stack
- lesson from MS: from complement to possible substitute - dangerous comp…

2012 EU Survey on R&D Investment Business Trends


From the Report, p. 12:
"For some sectors, the expected R&D investment changes of the respondents are higher than the growth rates observed in the past (both for the responding companies and the whole sector):  software & computer services (11% p.a. over the next three years), general industrials (6.8%), automobiles & parts (6.0%),
chemicals (5.5%), oil & gas producers (4.6%), aerospace & defence (4.1%), construction & materials (3.8%), technology hardware & equipment (3.5%), and fixed line telecommunications (2.6%).For a few other sectors,
the expected changes are lower than the past growth rates (both for the responding companies and the whole sector): electricity (4.6% p.a. over the next three years) and pharmaceuticals & biotechnology (3.2%)." (emphasis added).

Copyright and the Digital Economy

Australian Law Reform Commission, Issues Paper, here.
Questions, among other hot topics, on cloud computing (p. 26 ff.), transformative use (p. 36 ff.), data and text mining (p. 48 ff.), a broad fair use exception (p. 71 ff.), and contracting out of copyright exceptions (p. 79 ff.).

Google Faces Rising FTC Ire, here.

Competition Law Cooperation Agreement EU/Switzerland, here.