Roger Blair and Intellectual Property

Date01 September 2016
DOI10.1177/0003603X16657219
Published date01 September 2016
Subject MatterArticles
Article
Roger Blair and Intellectual
Property
Keith N. Hylton*
Abstract
Although intellectual property is just a sidelight of Roger Blair’s work, he has published at least seven
articles and coauthored a book on this subject. Blair’s work sets out robust economic models that
address nearly all of the significant economic issues in intellectual property. Moreover, by using the
property rules framework, he has offered a useful counterweight to the reward-to-loss theory that
dominates the literature.
Keywords
intellectual property, property rules, reward-loss ratio, static cost, monopolization, dynamic cost,
compensation, restitution, patent infringement damages
I have taken it upon myself to review some of Roger’s work in the intellectual property/antitrust area.
This may seem a strange choice given Roger’s focus on antitrust; indeed, there arefew topics in antitrust
on which Roger hasnot published at least one article.Even such remote subfields as ‘‘empiricalanalysis
of antitrust’’ have not escaped Roger’s reach; he and I worked closely together on producing a special
issue for the Antitrust Law Journal on this topic.
1
But intellectual property is an area thathas fascinated
me for some time, and so I thoughtit would be useful for me, from a purely selfishperspective, to review
some of the lesso ns I have learned, o r should have learned , from Roger in this fie ld.
Although intellectual property is just a sidelight of Roger’s work, he has published at least seven
articles and coauthored a book on this subject,
2
which I think puts him far ahead of most professors
* Boston University School of Law, Boston, MA, USA
Corresponding Author:
Keith N. Hylton, Boston University School of Law, Boston, MA 02215, USA.
Email: knhylton@bu.edu
1. Symposium: The Application of Empirical Economics to Antitrust,74ANTITRUST L. J. (2007).
2. The seven articles are the following: Roger D. Blair & Thomas F. Cotter, An Economic Analysis of Damages Rules in
Intellectual Property Cases,39W
M.&MARY L. REV. 1585 (1998); Roger D. Blair & Thomas F. Cotter, An Economic
Analysis of Seller and User Liability in Intellectual Property Cases,68U.C
IN.L.REV.1 (1999); Roger D. Blair & Thomas F.
Cotter, The Elusive Logic of Standing Doctrine in Intellectual Property Law,74T
UL.L.REV. 1323 (2000); Roger D. Blair &
Thomas F. Cotter, Rethinking Patent Damages,10T
EX.INTELL.PROP. L. J. 1 (2001); Roger Blair & Thomas Knight, Problems
in Sharing the Surplus,T
EX.INTELL.PROP.L.REV. (forthcoming); Roger Blair and Thomas Cotter, Are Settlements of Patent
Disputes Illegal Per Se? 47 ANTITRUST BULL. 491 (2002); Roger D. Blair & Thomas F. Cot ter, Strict Liability and Its
Alternatives in Patent Law,17B
ERKELEY TECH. L. J. 799 (2002).
The Antitrust Bulletin
2016, Vol. 61(3) 376-381
ªThe Author(s) 2016
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DOI: 10.1177/0003603X16657219
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