|I am a member of the Advisory Board of the
American Antitrust Institute, an independent Washington-based
non-profit education, research, and advocacy organization. Our
mission is to increase the role of competition, assure that
competition works in the interests of consumers, and challenge
abuses of concentrated economic power in the American and world
economy. We have a centrist legal-economic ideology and promote the
vigorous use of antitrust as a vital component of national and
international competition policy.
In December 2010, I filed an amicus
brief on behalf of eight Scholars of Biotechnology Patent Law
in Association for Molecular Pathology v. U.S. Patent &
Trademark Office (Myriad Genetics), Fed. Cir., No. 2010-1406,
arguing that claims 5 and 6 of U.S. Patent No. 5,747,282 should be
held invalid under the printed matter doctrine.
In February 2014, Shubha Ghosh and I co-authored an amicus
brief filed by the American Antitrust Institute in Alice Corp.
v. CLS Bank Int'l, S. Ct., No. 13-298, arguing that Alice's
asserted claims are unpatentably abstract as not limited to any
causal methods or means for bringing about intermediated setlement.
I have made available a Web-based calculator
for short-swing liability under Section 16(b) of the
Securities Exchange Act of 1934, in the hope that the Smolowe
formula's use will be limited to the cases for which it was
designed and is valid.