The Need For “Innovation Certainty” At The Crossroads Of Patent And Antitrust Law

By Paul R. Michel & Matthew J. Dowd

Due to a parade of legislation, judicial interpretations, and administrative application during the past decade, the combination of patent law destabilization and antitrust law uncertainty has devastated innovation certainty in the United States. We are now seeing the manifestations of diminished innovation certainty – or perhaps it is now better termed “innovation uncertainty.” There is an unreasonable unwillingness to license intellectual prope