Adam Massoff has a fascinating post at Volokh Conspiracy, describing a piece of his new paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket. I was especially intrigued by this passage:
Adam's case study is another fine piece of work in the legal literature on private ordering. We still have a shortage of such work, but I am optimistic about the number of young legal scholars who are entering this area of scholarship.
UPDATE: Speaking of private ordering, Michael Risch has a new piece ("Patent Challenges and Royalty Inflation") about the inalienability of patent challenge rights. This world with constrained private ordering results in a "patent challenge tax" that, according to Michael, leads to "royalty
inflation ..., trickle-down costs to consumers and disincentives to create and
license patented technology." Sometimes I wish I were writing about patents. It seems like these folks are having a lot of fun.
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