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Event Description

The Federal Trade Commission held the fourth session of the Hearings initiative with two full-day sessions held at the FTC’s Constitution Center facilities in Washington, D.C. on October 23-24, 2018.

The two-day event examined the role of intellectual property in promoting innovation from academic, economic, and industry perspectives. The sessions also examined emerging trends in patent quality and litigation, and included the FTC’s first wide-scale exploration of copyright issues. Drew Hirshfeld, Commissioner for Patents for the U.S. Patent and Trademark Office, presented a keynote address on October 24. The Hon. Scott R. Boalick, Acting Chief Judge for the Patent Trial and Appeal Board, and Commissioner Hirshfeld joined the first panel after Commissioner Hirshfeld’s remarks. A detailed agenda is available below.

The Commission invited public comment on these issues, including on the following questions:

  1. Is there a role for the government in advancing or supporting innovation?
  2. What is the importance of intellectual property – all forms – in advancing, protecting, and supporting innovation? Does it differ because of industry-specific or other market-based factors, or because of the form of intellectual property?

  3. How does modern economic analysis and empirical literature view the relationship between intellectual property and innovation, and the role of government in advancing and supporting innovation? Are there differences that depend on the type of intellectual property, and the protections offered for that intellectual property?

  4. How can the FTC use its enforcement and policy authority to advance innovation? What factors should the FTC consider in attempting to achieve this objective?

  5. What are emerging trends in patent quality and litigation issues? Should these trends influence the FTC’s enforcement and policy agenda?

  6. How should the current status of copyright law and current business practices influence the FTC’s enforcement and policy agenda?

Disability accommodation

The FTC Hearings On Competition and Consumer Protection in the 21st Century will accommodate as many attendees as possible; however, admittance will be limited to seating availability. Reasonable accommodations for people with disabilities are available upon request. Request for accommodations should be submitted to Elizabeth Kraszewski via email at ekraszewski@ftc.gov or by phone at (202) 326-3087. Such requests should include a detailed description of the accommodation needed. Please allow at least five days advance notice for accommodation requests; last minute requests will be accepted but may not be possible to accommodate.

  • Tuesday, October 23, 2018

    9:00-9:15 am

    Welcome and Introductory Remarks

    Suzanne Munck
    Federal Trade Commission, Office of Policy Planning

    9:15-10:45 am

    An Overview of Innovation and IP Policy

    Participants:

    Thomas F. Cotter
    University of Minnesota Law School

    William E. Kovacic
    George Washington University Law School

    Arti Rai
    Duke University School of Law

    Pian Shu
    Georgia Institute of Technology
    Scheller College of Business

    Moderators: Suzanne Munck & John Dubiansky
    Federal Trade Commission, Office of Policy Planning

    10:45-11:00 am

    Break

    11:00-12:30pm

    Understanding Innovation and IP in Business Decisions

    Participants:

    Nicole Morris
    Emory University School of Law

    Greg Raleigh
    New Enterprise Associates

    Michal Rosenn
    Expa

    Talal Shamoon
    Intertrust

    Moderators: Suzanne Munck & Elizabeth Gillen
    Federal Trade Commission, Office of Policy Planning

    12:30-1:30 pm

    Lunch

    1:30-3:15 pm

     

    Competition Policy and Copyright Law

    Participants:

    Eric Cady
    Independent Film & Television Alliance

    Peter Jaszi
    American University
    Washington College of Law

    Keith Kupferschmid
    Copyright Alliance

    Peter Menell
    University of California, Berkeley
    School of Law

    Tyler Ochoa
    Santa Clara University School of Law

    Sean O’Connor
    University of Washington School of Law

    Meredith Rose
    Public Knowledge

    Moderators: Suzanne Munck & Elizabeth Gillen
    Federal Trade Commission, Office of Policy Planning

    3:15-3:30 pm

    Closing Remarks

     

    Wednesday, October 24, 2018

    9:00-9:15 am

    USPTO Remarks

    Drew Hirshfeld
    Commissioner for Patents
    U.S. Patent and Trademark Office

    9:15-10:45 am

    Emerging Trends in Patent Quality

    Participants:

    Hon. Scott R. Boalick
    Patent Trial and Appeal Board

    Drew Hirshfeld
    U.S. Patent and Trademark Office

    Alan Marco
    Georgia Institute of Technology
    School of Public Policy

    Alan Marco
    Georgia Institute of Technology
    School of Public Policy

    Greg Reilly
    Illinois Institute of Technology
    Chicago-Kent College of Law

    Saurabh Vishnubhakat
    Texas A&M University
    School of Law

    Melissa Wasserman
    University of Texas at Austin
    School of Law

    Moderators: John Dubiansky & Elizabeth Gillen
    Federal Trade Commission, Office of Policy Planning

    10:45-11:00 am

    Break

    11:00-12:30 pm

    Emerging Trends in Patent Litigation

    Participants:

    Colleen Chien
    Santa Clara University School of Law

    John Golden
    University of Texas at Austin
    School of Law

    Shawn Miller
    Stanford University Law School

    David Schwartz
    Northwestern University Pritzker School of Law

    Neel Sukhatme
    Georgetown University Law Center

    Moderators: John Dubiansky & Elizabeth Gillen
    Federal Trade Commission, Office of Policy Planning

    12:30-1:30 pm

    Lunch

    1:30-3:00 pm

     

    Industry Perspectives on Innovation and IP Policy

    Participants:

    Tahir Amin
    Initiative for Medicines, Access & Knowledge (I-MAK)

    Patrick Kilbride
    U.S. Chamber of Commerce

    Barbara Fiacco
    American Intellectual Property Law Association

    Hans Sauer
    Biotechnology Innovation Organization

    Matthew Schruers
    Computer and Communications Industry Association

    Moderators: Suzanne Munck & John Dubiansky
    Federal Trade Commission, Office of Policy Planning

    3:00-3:15 pm

    Break

    3:15-4:45 pm

    Economic Perspectives on Innovation and IP Policy

    Participants:

    James Bessen
    Boston University School of Law

    Richard J. Gilbert
    University of California, Berkeley
    Department of Economics

    Michael Frakes
    Duke University School of Law

    Anne Layne-Farrar
    Charles River Associates

    Moderators:
    Jay Ezrielev
    Federal Trade Commission, Office of Chairman Simons

    Julie Carlson
    Federal Trade Commission, Bureau of Economics

    4:45-5:00 pm

    Closing Remarks

    Rebecca Kelly Slaughter, Commissioner
    Federal Trade Commission

  • Request for Comments

    If parties already filed relevant comments in response to the Initial Topics for Comment, they need not refile those comments here.

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