Document Type

Article

Publication Date

7-18-2012

Abstract

Testimony before the House Committee on the Judiciary. Video of this event available here (requires Windows Media Player): http://judiciary.house.gov/hearings/Hearings%202012/hear_07182012.html

Comments

My testimony draws upon the scholarly literature about the International Trade Commission, including three law review articles, an amicus brief, and an ITC treatise that I have authored or coauthored: Patently Protectionist? An Empirical Analysis of Patent Cases at the International Trade Commission, 50 WM. & Mary L. Rev. 63 (2008), Protecting Domestic Industries, 28 Santa Clara Computer & High Tech. L. J. 169, 171 (2011), Patents, Holdup, and the ITC (with Mark Lemley)__Cornell Law. Rev. (forthcoming 2012) available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1856608, RAND Patents and Exclusion Orders: Brief of 19 Economics and Law Professors, submitted in ITC Case 337-TA-745 (July 2012) (with Carl Shapiro, Richard Gilbert, Arti Rai and 14 others), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2102865, and Section 337 Patent Investigation Management Guide 11-20 (with Peter Menell and others) Lexis Nexis (forthcoming 2012), available at http://ssrn.com/abstract=1603330. Able empirical research assistance was provided by Nicole Shanahan, Wesley Helmholz, Peluchette, and Danielle Debroeck, and data was generously supplied by RPX Corp., the PricewaterhouseCoopers’ Litigation Study, Lex Machina, Gazelle Technologies, Robert Fram and Ashley Miller. Support was provided by Dirk Calcoen.

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