The litigation component of Executive Branch IP policymaking

Intellectual property issues are rarely highlighted in the first few months of a new administration. But as the Trump administration begins to settle into office, it’s worth recalling that while it will be examining IP-related legislative proposals and international enforcement issues, the White House and the Department of Justice will also do some of their most important domestic IP policymaking via litigation, often by deciding when to intervene in third-party IP cases as an amicus or by urging the Supreme Court to grant or deny review in IP-related cases.

Litigation remains a particularly important component of substantive IP-related policymaking because...