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Patents, innovation, asset class, and weapon

While the issues involved are complex and also involve the use of government force to make it stick, and drug patents have a long and debated history, New asset class and much more at Dealbook points to a growing phenomenon for the global economy as well. Patents and innovation deserve a separate post, but the weapons of choice is heating up and involves much more than ‘competition’:

“Patents are a volatile, spot market,” he said. “This is a market, but a market that is more like art than stocks or oil.”
Ron Epstein, chief executive of Epicenter IP Group, agreed that pricing patents, especially large portfolios, was difficult. But he said he thought corporate trading in patents would become more commonplace, and pricing more routine. Someday, he predicted, patent acquisition costs may be a standard line item in corporate earnings statements.
“By fits and starts, we are moving to a more efficient marketplace for innovation,” Mr. Epstein said.
Calling patents an asset class is shortsighted, said Kevin Rivette, a founder of 3LP Advisors. The larger value of a portfolio, he said, can be as a strategic tool to negotiate lower costs from a supplier or to alter a rival’s product plans.
“You can use patents to change the competitive landscape,” he said.

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Making it harder to sue for medical malpractice…

 Making it Harder for Military Families to Sue for Medical Malpractice

In defending the U.S. military’s medical system in court, the U.S. Department of Justice is arguing that service personnel and their families are not allowed to sue for medical malpractice regardless of the circumstance.
As a general rule, military members are barred from taking the government to court, which has been established in several court cases, in particular the 1950 Supreme Court decision in Feres v. United States. But now government lawyers are trying to expand the scope of Feres to make it impossible for families of soldiers to sue for medical malpractice, if at the time of the bad care the service member was on active duty.

U.S. Seeks New Limits on Troops’ Legal Rights (by Andrew Tilghman, Military Times)
Quietly, U.S. Moves to Block Lawsuits by Military Families (by Andrew Cohen, The Atlantic)
Supreme Court May Review Law that Prevents Military Personnel from Suing for Medical Malpractice (by Noel Brinkerhoff, AllGov)
Military Personnel Not Allowed to Sue for Medical Malpractice (by Noel Brinkerhoff, AllGov)

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