Gavin Clarkson

Large-scale structure of time evolving citation networks

Abstract.In this paper we examine a number of methods for probing and understanding the large-scale structure of networks that evolve over time. We focus in particular on citation networks, networks of references between documents such as papers, patents, or court cases. We describe three different methods of analysis, one based on an expectation-maximization algorithm, one based on modularity optimization, and one based on eigenvector centrality. Using the network of citations between opinions of the United States Supreme Court as an example, we demonstrate how each of these methods can reveal significant structural divisions in the network and how, ultimately, the combination of all three can help us develop a coherent overall picture of the networks shape.

Information asymmetry and information sharing

Abstract Although much digital divide research focuses on access to technology, another cause of the divide is the lack of information awareness that we call information asymmetry. Information asymmetry often stems from inadequate information sharing and can result in negative consequences for both the information poor and the information rich. Information asymmetry has been insufficiently studied as a possible cause of underdevelopment and inequality. In response, we develop a typology to classify information asymmetry into two categories, horizontal and vertical, and then identify those information sharing practices that cause the imbalance. To illustrate the negative consequences of information asymmetry and the potential benefits of information sharing, we discuss two examples from the experiences of modern American Indian tribes. First, Indian tribes face horizontal information asymmetry when they attempt to access the capital markets, and second, they face vertical information asymmetry in terms of law enforcement data sharing. This article also describes our ongoing examination of horizontal information sharing among tribes and vertical information sharing between tribes and others sovereigns in the American polity as possible solutions to the problems created by information asymmetry. These strategic responses are embodied in two information systems, the Tribal Financial Information Clearinghouse and an Intergovernmental Tracking System for sharing law enforcement data. We conclude with a discussion of how our typology can be more generally applied to other instances of information asymmetry.

The Problem of Patent Thickets in Convergent Technologies

Abstract:  Patent thickets are unintentionally dense webs of overlapping intellectual property rights owned by different companies that can retard progress. This article begins with a review of existing research on patent thickets, focusing in particular on the problem of patent thickets in nanotechnology, or nanothickets. After presenting visual evidence of the presence of nanothickets using a network analytic technique, it discusses potential organizational responses to patent thickets. It then reviews the existing research on patent pools and discusses pool formation in the shadow of antitrust enforcement. Based on recent research on patent pool formation, it examines the divergent fate of two recent pools and discusses the prospects for the future formation of nanotechnology patent pools, or nanopools.

The Impact of Boundary Spanning Scholarly Publications and Patents

Background Human knowledge and innovation are recorded in two media: scholarly publication and patents. These records not only document a new scientific insight or new method developed, but they also carefully cite prior work upon which the innovation is built. Methodology We quantify the impact of information flow across fields using two large citation dataset: one spanning over a century of scholarly work in the natural sciences, social sciences and humanities, and second spanning a quarter century of United States patents. Conclusions We find that a publications citing across disciplines is tied to its subsequent impact. In the case of patents and natural science publications, those that are cited at least once are cited slightly more when they draw on research outside of their area. In contrast, in the social sciences, citing within ones own field tends to be positively correlated with impact.

CROSSING THE GREAT DIVIDE: USING ADVERSE POSSESSION TO RESOLVE CONFLICTS BETWEEN THE ANTITRUST AND INTELLECTUAL PROPERTY REGIMES

This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a copyright or the owner of a trade secret allow others to use that intellectual property? Second, under what circumstances can the holder of an intellectual property right use that right to make it difficult for another party to succeed in a related market? These questions have vexed antitrust and intellectual property scholars alike ever since the Federal Circuit ruled in 2000 that patent holders “may enforce the statutory right to exclude others from making, using, or selling the claimed invention free from liability under the antitrust laws,” a ruling that directly contradicted the Ninth Circuit ruling that antitrust liability could be imposed for almost identical conduct, depending on the motivations of the patent holder. The various proceedings in United States v. Microsoft only added fuel to the firestorm of controversy.After briefly retracing the jurisprudential path to see how this situation arose, we propose a solution that primarily involves a variation on the real property concept of adverse possession for the intellectual property space along with a slight extension of the Essential Facilities Doctrine for industries that exhibit network effects. We examine, both for firms with and without market power, how our proposal would resolve the situations presented by large fixed asset purchases, the introduction of entirely new products, and operating systems with network effects. We also demonstrate how our proposal could be applied in the European antitrust enforcement context.