MICHAEL A. CARRIER
Rutgers University School of Law 856.225.6380 (office)
Camden, NJ 08102 @profmikecarrier
Highlights
• Co-author of leading IP/antitrust treatise, IP AND ANTITRUST LAW: AN ANALYSIS OF
ANTITRUST PRINCIPLES APPLIED TO INTELLECTUAL PROPERTY LAW (3d ed. 2017 and
annual updates, with Hovenkamp, Janis, Lemley, and Leslie)
• Internationally-acclaimed Innovation for the 21st Century: Harnessing the Power of
Intellectual Property and Antitrust Law (Oxford 2009, paperback 2011)
• Critical Concepts in IP Law: Competition (editor, Edward Elgar 2011)
• 130 book chapters and law review articles, including in the primary law reviews of
Stanford, Michigan, Penn, Cornell, Duke, Vanderbilt, Minnesota, Iowa, and Notre Dame,
and online journals at Harvard, Yale, Stanford, Chicago, Columbia, Michigan, NYU,
Penn, and Northwestern
• Scholarship served as basis for legislation introduced in 116
th
Congress on citizen petitions
(S. 660; S. 1895; H.R. 2387) and product hopping (S. 1416)
• Cited in opinions of U.S. Supreme Court, California Supreme Court, D.C. Circuit,
Second/Third/Fourth/Tenth Circuits, district courts, ITC, FTC
• Submitted 20 amicus briefs on behalf of antitrust groups and hundreds of professors in
U.S. and California Supreme Courts and Federal, 1st, 2nd, 3rd, 5th, 7th Circuits
• Testified before Senate Judiciary Committee (twice), House Energy & Commerce
Committee (twice), FDA, FTC, and National Academies, and gave talks to U.S.
Department of Justice, Canadian Competition Bureau, and state attorneys general
• Assisted 2020 Biden-Harris campaign on policy issues
• Served on ABA Antitrust 2016 Presidential Transition Task Force
• Contributing Editor of Antitrust Law Journal
• First recipient of Greg Lastowka Memorial Award for Scholarly Excellence
• First recipient of Chancellor’s Award for Outstanding Research and Creative Activity
• Teaching Awards: Grand Marshal (2018, 2017); Graduation Reader (2021, 2014, 2013,
2011); Graduation Hooder (2020, 2015)
• Top 1/7 of 1% (#544 of 419,974) of SSRN authors
• Quoted more than 2000 times in ABC NEWS, BLOOMBERG, CBS NEWS, CNBC.COM, CNN,
CONSUMER REPORTS, C-SPAN, ECONOMIST, ESPN, FINANCIAL TIMES, FORBES, FORTUNE,
FOX NEWS, HUFFINGTON POST, LOS ANGELES TIMES, NATURE, NBC NEWS, N.Y. TIMES,
NPR, PBS, POLITICO, REUTERS, SAN FRANCISCO CHRONICLE, SPORTS ILLUSTRATED, THE
ATLANTIC, USA TODAY, WALL STREET JOURNAL, WASHINGTON POST, other publications
Michael A. Carrier
Rutgers University School of Law
CURRENT EMPLOYMENT
Rutgers University School of Law, Camden, New Jersey
Distinguished Professor & Co-Director, Rutgers Institute for Information Policy & Law
(July 2013 – present)
Professor & Co-Director, Rutgers Institute for Information Policy & Law (July 2010 –
June 2013)
Professor (July 2006 – June 2010)
Associate Professor (July 2004 – June 2006)
Assistant Professor (July 2001 – June 2004)
Visiting Assistant Professor (July 2000 – June 2001)
University of Pennsylvania Carey Law School, Philadelphia, Pennsylvania
Visiting Professor (January 2020 – April 2020)
The Hebrew University of Jerusalem, Jerusalem, Israel
Visiting Professor (June 2019)
Tel Aviv University, The Buchmann Faculty of Law, Tel Aviv, Israel
Visiting Professor (December 2014 – January 2015)
Karl-Franzens Universitat, Graz, Austria
Visiting Lecturer (June 2010)
Classes: Advanced Antitrust, Antitrust, Intellectual Property, Intellectual Property: Current
Issues, Property
PUBLICATIONS
Books:
IP AND ANTITRUST LAW: AN ANALYSIS OF ANTITRUST PRINCIPLES APPLIED TO INTELLECTUAL
PROPERTY LAW (3d ed. 2017 and annual updates, with Hovenkamp, Janis, Lemley, and
Leslie)
CRITICAL CONCEPTS IN INTELLECTUAL PROPERTY LAW: COMPETITION (Editor, Edward Elgar
Publishing, 2011)
INNOVATION FOR THE 21
ST
CENTURY: HARNESSING THE POWER OF INTELLECTUAL PROPERTY
AND ANTITRUST LAW (Oxford University Press 2009, paperback 2011)
• Subject of symposia in Alabama Law Review and on patent (PatentlyO) and antitrust
(Truth on the Market) blogs
Michael A. Carrier
Rutgers University School of Law
Book chapters:
Intellectual Property, GLOBAL DICTIONARY OF COMPETITION LAW (forthcoming 2021) (solicited)
The Intersection of IP and Competition Law, in INTERSECTIONS OF ANTITRUST: POLICY AND
REGULATION (Jonathan Galloway editor, Oxford University Press, forthcoming 2021)
(solicited)
Four Innovation Myths, Albert Foer Liber Amicorum, CONCURRENCES (2020) (symposium)
Product Hopping: The U.S. Approach, in EU LAW OF COMPETITION AND TRADE IN THE
PHARMACEUTICAL SECTOR (Pablo Figueroa & Alejandro Perez editors, Edward Elgar
Publishing, 2019) (solicited)
U.S. Intellectual Property and Competition Law, in THE INTERPLAY BETWEEN COMPETITION LAW
AND INTELLECTUAL PROPERTY - AN INTERNATIONAL PERSPECTIVE (Gabriella Muscolo &
Marina Tavassi editors, Kluwer, 2018) (solicited)
Introduction to Part II, THE CAMBRIDGE HANDBOOK OF TECHNICAL STANDARDIZATION LAW
(Jorge Contreras editor, Cambridge University Press, 2017) (solicited)
Drug Patent Settlements, in CAMBRIDGE UNIVERSITY PRESS ANTITRUST INTELLECTUAL
PROPERTY AND HIGH TECH HANDBOOK (D. Daniel Sokol editor, Cambridge University
Press, 2016) (solicited)
Pharmaceutical Antitrust Law in the United States, in THE PHARMACEUTICAL SECTOR BETWEEN
PATENT LAW AND COMPETITION LAW: AN INTERNATIONAL PERSPECTIVE (Giovanni
Pitruzzella & Gabriella Muscolo editors, Kluwer Law International, 2016) (solicited)
Antitrust and Climate Change, in RESEARCH HANDBOOK ON INTELLECTUAL PROPERTY AND
CLIMATE CHANGE (Josh Sarnoff editor, Edward Elgar Publishing, 2016) (solicited)
Antitrust Treatment of Intellectual Property Rights, in RESEARCH HANDBOOK ON COMPARATIVE
COMPETITION LAW (Arlen Duke et al. editors, Edward Elgar Publishing, 2016) (solicited)
The Recess Appointments Clause, in THE HERITAGE GUIDE TO THE CONSTITUTION (second
edition, 2014) (solicited)
Limiting Copyright Through Property, in CONCEPTS OF PROPERTY IN INTELLECTUAL PROPERTY
LAW (Helena Howe editor, Cambridge University Press 2013) (solicited)
Competition Law and Enforcement in the Pharmaceutical Industry, in INTERNATIONAL
RESEARCH HANDBOOK ON COMPETITION LAW (Ariel Ezrachi editor, Edward Elgar
Publishing, 2012) (solicited)
Standard-Setting Analysis Under U.S. Law, in INTELLECTUAL PROPERTY AND COMPETITION
LAW: NEW FRONTIERS (Ariel Ezrachi and Steve Anderman editors, Oxford University
Press, 2010) (solicited)
Michael A. Carrier
Rutgers University School of Law
The Propertization of Copyright, in INTELLECTUAL PROPERTY AND INFORMATION WEALTH
(Peter Yu editor, Praeger, 2006) (solicited)
Does a Patent Automatically Demonstrate Market Power for Purposes of the Antitrust Tying
Offense?, American Bar Association series, PREVIEW OF U.S. SUPREME COURT CASES
(2005) (solicited)
The Recess Appointments Clause, in THE HERITAGE GUIDE TO THE CONSTITUTION (2005)
(solicited)
Articles:
The Neglected Concern of Firm Size in Pharmaceutical Mergers (with Patricia Danzon), 84
ANTITRUST LAW JOURNAL __ (forthcoming 2021)
An Antitrust Framework for False Advertising (with Rebecca Tushnet), 106 IOWA LAW REVIEW
__ (forthcoming 2021)
Pharmaceutical Antitrust Enforcement in the United States and Chile (with Fernando Araya),
8 JOURNAL OF LAW AND THE BIOSCIENCES __ (forthcoming 2021)
Why The New Administration Should Bury the New Madison Approach, CPI ANTITRUST
CHRONICLE (forthcoming 2021) (symposium)
The Alston Case: Why the NCAA Does Not Deserve Antitrust Immunity and Should Not Succeed
Under a Rule-of-Reason Analysis (with Chris Sagers), 29 GEORGE MASON LAW REVIEW
__ (forthcoming 2021)
Rescuing Antitrust’s Role in Patent Holdup, 168 PENNSYLVANIA LAW REVIEW ONLINE 238
(2021)
Pharmaceutical Antitrust: What the Biden Administration Can Do, CONCURRENCES (2021)
The U.S. Court of Appeals for the Federal Circuit Reverses a Judgment that Upheld “Skinny
Labels” and Allowed the Generic To Launch on Uses Not Covered by a Patent
(GlaxoSmithKline/Teva), E-COMPETITIONS (No. 98366, Dec. 2020)
Don’t Die! How Biosimilar Disparagement Violates Antitrust Law, 115 NORTHWESTERN
UNIVERSITY LAW REVIEW ONLINE 119 (2020)
The U.S. District Court for the Northern District of Illinois Dismisses Antitrust Case
Challenging Patent Thicket (Humira), E-COMPETITIONS (No. 96364, Sept. 2020)
Pay-for-Delay: Who Does the Generic Industry Lobby Represent?, CPI ANTITRUST CHRONICLE
(May 2020)
Michael A. Carrier
Rutgers University School of Law
Playing Both Sides? Branded Sales, Generic Drugs, and Merger Policy (with Mark A. Lemley
& Shawn Miller), 71 HASTINGS LAW JOURNAL 307 (2020)
• Nominated for one of top antitrust articles of 2019
Three Challenges for Pharmaceutical Antitrust, 59 SANTA CLARA LAW REVIEW 613 (2020)
(symposium)
Big Tech, Antitrust, and Breakup, GEORGETOWN JOURNAL OF INTERNATIONAL AFFAIRS (January
2020)
Why Absolutist Conceptions of Property Do Not Support the Antitrust Abandonment of
Standards, 57 HOUSTON LAW REVIEW 265 (2019) (symposium)
• Nominated for one of top antitrust articles of 2019
Higher Drug Prices from Anticompetitive Conduct: Three Case Studies, 39 THE JOURNAL OF
LEGAL MEDICINE 151 (2019) (symposium)
Why the NCAA’s No-Transfer Rule Is No Good (with Marc Edelman), THE UNIVERSITY OF
CHICAGO LAW REVIEW ONLINE (2019)
College Athletics: The Chink in the Seventh Circuit’s “Law and Economics” Armor (with Marc
Edelman), 117 MICHIGAN LAW REVIEW ONLINE 90 (2019)
Don’t Ditch Antitrust’s Role in Product Hopping: A Response to Pace and Adam (with Steve D.
Shadowen), 33 ANTITRUST 72 (2019)
FTC Reverses Administrative Law Judge Decision, Finding Section 5 Violation for Reverse-
Payment Settlement (Impax), E-COMPETITIONS (No. 90331, May 2019)
The Four-Step Rule of Reason, 33 ANTITRUST 50 (2019)
A Non-Coercive Approach to Product Hopping (with Steve D. Shadowen), 33 ANTITRUST 102
(2018)
Antitrust in the Pharmaceutical Sector, E-COMPETITIONS (No. 88026, Oct. 2018)
Antitrust, Market Exclusivity, and Transparency in the Pharmaceutical Industry (with Michael S.
Sinha and Greg D. Curfman), 319 JAMA 2271 (2018)
• Nominated for one of top antitrust articles of 2018
Biologics: The New Antitrust Frontier (with Carl J. Minniti III), 2018 UNIVERSITY OF ILLINOIS
LAW REVIEW 1 (2018) (lead article)
• Subject of 8-article symposium and featured in Inside Health Policy article
Michael A. Carrier
Rutgers University School of Law
The U.S. District Court for the Northern District of California Sets Student-Athletes’ Antitrust
Case for Trial, E-COMPETITIONS (No. 87066, May 2018)
Five Actions to Stop Citizen Petition Abuse, 118 COLUMBIA LAW REVIEW ONLINE 81 (2018)
• Served as basis in 116
th
Congress for:
o H.R. 2387 (STOP GAMES Act of 2019), unanimously approved by House
Energy & Commerce’s Health Subcommittee
o S. 660 (Efficiency and Transparency in Petitions Act, introduced by Sen. Braun
(R-IL))
o Time-limit provision in S. 1895 (Lower Health Care Costs Act, passed by
Senate HELP Committee in 20-3 vote)
The Curious Case of Wellbutrin: How the Third Circuit Mistook Itself for the Supreme Court,
103 CORNELL LAW REVIEW ONLINE 137 (2018)
William Howard Taft Lecture: The Rule of Reason in the Post-Actavis World, 2018 COLUMBIA
BUSINESS LAW REVIEW 26 (2018)
Solving the Product Hopping Conundrum Through Safe Harbors and a No-Economic-Sense Test
(with Steve Shadowen), 28 RESEARCH IN LAW AND ECONOMICS 89 (2018)
Risk Evaluation and Mitigation Strategies: An Antitrust Framework, COMPETITION LAW INSIGHT
(2018)
Antitrust’s Hidden Hook in Drug Price Increases, 27 COMPETITION: THE JOURNAL OF THE
ANTITRUST, UCL AND PRIVACY SECTION OF THE CALIFORNIA LAWYERS ASSOCIATION 45
(2018)
Drug Patent Settlements Around the World, 62 ANTITRUST BULLETIN 770 (2017)
Sharing, Samples, and Generics: An Antitrust Framework, 103 CORNELL LAW REVIEW 1 (2017)
(lead article)
• Winner of American Antitrust Institute’s Jerry S. Cohen Award for best 2017 Antitrust
and Healthcare Article; cited in Bloomberg BNA article
• Cited in House Energy & Commerce Committee Report for CREATES Act, 116
th
Cong. 1
st
Sess.
Five Solutions to the REMS Patent Problem (with Brenna Sooy), 97 BOSTON UNIVERSITY LAW
REVIEW 1661 (2017)
• Recommendations supported by California Attorney General in comments to FDA
The U.S. Court of Appeals for the Third Circuit Applies an Appropriate Post-Actavis Pleading
Standard (Lipitor), E-COMPETITIONS (No. 84937, Oct. 2017)
Michael A. Carrier
Rutgers University School of Law
Using Antitrust Law to Challenge Turing’s Daraprim Price Increase (with Nicole Levidow and
Aaron S. Kesselheim), 31 BERKELEY TECHNOLOGY LAW JOURNAL 1379 (2017)
• Bloomberg Opinion called article “blueprint” for FTC/NY lawsuit against Martin
Shkreli
• Reviewed in Paper Trail: Working Papers and Recent Scholarship, THE ANTITRUST
SOURCE, April 2016; discussed on STAT healthcare blog
The Untold EpiPen Story: How Mylan Hiked Prices by Blocking Rivals (with Carl J. Minniti III),
102 CORNELL LAW REVIEW ONLINE 53 (2017)
• Focus of Law360 story and discussed on health care blogs
• Featured in class action lawsuit filed against Mylan’s EpiPen
Product Hopping, 23 JOURNAL OF COMMERCIAL BIOTECHNOLOGY 82 (2017)
Citizen Petitions: Long, Late-Filed, and At-Last Denied (with Carl J. Minniti III), 66 AMERICAN
UNIVERSITY LAW REVIEW 305 (2016)
• Top Academic Antitrust article (IP category) of 2016
• Featured in class action lawsuit filed against Mylan’s EpiPen
• Cited in Atlantic, Bloomberg, CNBC.com, Law360, NBC News, Reuters
• Cited in Senator Cassidy’s press release for Ensuring Timely Access to Generics Act
• Cited in FTC’s comment on FDA’s Citizen Petition Guidance
• Cited in U.S. Senate Finance Committee Minority Staff Report, June 2018
Product Hopping: A New Framework (with Steve Shadowen), 92 NOTRE DAME LAW REVIEW
167 (2016)
• Featured in NBC10 investigative report and Consumer Reports
• Served as basis of S. 1416 (Affordable Prescriptions for Patients Act of 2019,
sponsored by Senator Cornyn (R-TX), approved 22-0 by Senate Judiciary Committee
in 116
th
Congress)
• Cited in U.S. Senate Finance Committee Minority Staff Report, June 2018
The U.S. Federal Trade Commission Issues Report on Patent Assertion Entities, E-
COMPETITIONS (No. 82367, Dec. 2016)
Pharmaceutical Antitrust: What the Trump Administration Can Do, CONCURRENCES:
COMPETITION LAW REVIEW 63 (No. 4, 2016)
The U.S. Court of Appeals for Third Circuit Offers Misguided Analysis of Product Hopping, E-
COMPETITIONS (No. 81744, Oct. 2016)
Why the Supreme Court Should Deny Certiorari in King Drug, CPI ANTITRUST CHRONICLE
(Sept. 2016)
Pleading Standards: The Hidden Threat to Actavis, 91 N.Y.U. L. REV. ONLINE 31 (2016)
Why “Large and Unjustified Payment” Is Not a Threshold Under Actavis, 91 WASHINGTON LAW
REVIEW 109 (2016) (symposium) (solicited)
Michael A. Carrier
Rutgers University School of Law
The U.S. Court of Appeals for the First Circuit Concludes that a Reverse Payment Need Not Be
in Cash (Loestrin), E-COMPETITIONS (No. 78533, Mar. 2016)
Strategies that Delay or Prevent the Timely Availability of Affordable Generic Drugs
in the United States (with Gregory H. Jones, Richard T. Silver, & Hagop Kantarjian), 127
BLOOD (journal published by the American Society of Hematology) 1398 (2016)
The “Equity of the Statute” and Copyright Law: Three Critiques, 163 UNIVERSITY OF
PENNSYLVANIA LAW REVIEW ONLINE 377 (2015) (response to Shyamkrishna Balganesh &
Gideon Parchomovsky, Equity’s Unstated Domain: The Role of Equity in Shaping
Copyright Law, 163 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1859 (2015)) (solicited)
How Not to Apply the Rule of Reason: The O’Bannon Case, 114 MICHIGAN LAW REVIEW FIRST
IMPRESSIONS 73 (2015)
2008 and 2015: Night and Day for Drug Patent Settlements, CPI ANTITRUST CHRONICLE (Dec.
2015)
The U.S. Court of Appeals for the Third Circuit Concludes that the Actavis Ruling Applies to
Non-Cash Payments (Lamictal), E-COMPETITIONS (No. 75208, Aug. 2015)
Eight Reasons Why “No-Authorized-Generic” Promises Constitute Payment, 67 RUTGERS
UNIVERSITY LAW REVIEW 697 (2015) (symposium)
• Cited in In re: Nexium (Esomeprazole) Antitrust Litigation, 2015 WL 4717286 (D.
Mass. Aug. 7, 2015)
After Actavis: Seven Ways Forward, 67 RUTGERS UNIVERSITY LAW REVIEW 543 (2015)
(symposium)
• Cited in In re Aggrenox Antitrust Litigation, 2017 WL 5885664 (D. Conn. Nov. 29,
2017)
The California Supreme Court Cements Vigorous Scrutiny of Reverse-Payment Settlements
(Cipro), E-COMPETITIONS (No. 73830, June 2015)
U.S. Court Upholds Antitrust Action Against Patent Troll, E-COMPETITIONS (No. 73428, May
2015)
• Nominated for one of top antitrust articles of 2015
What Does State Law Say About Drug Patent Settlements? The California Supreme Court’s
Cipro Case, ANTITRUST HEALTH CARE CHRONICLE (April 2015)
O’Bannon v. National Collegiate Athletic Association: Why the Ninth Circuit Should Not Block
the Floodgates of Change in College Athletics (with Chris Sagers) (response to Marc
Edelman, The District Court Decision in O’Bannon v. National Collegiate Athletic
Association: A Small Step Forward for College-Athletes, and a Gateway for Far Grander
Change, 71 WASHINGTON AND LEE LAW REVIEW ONLINE 299 (2015)) (symposium)
Michael A. Carrier
Rutgers University School of Law
A U.S. Court Sends Second Reverse Payment Case to Trial (Cephalon), E-COMPETITIONS (No.
71871, Jan. 2015)
How Not To Apply Actavis, 109 NORTHWESTERN UNIVERSITY LAW REVIEW ONLINE 113 (2015)
No, RIAA, It’s Not the End of the World for Musicians, 83 UMKC LAW REVIEW 287
(2014) (symposium)
Payment After Actavis, 100 IOWA LAW REVIEW 7 (2014)
• Cited in In re Cipro Cases I & II, 61 Cal.4th 116 (Cal. 2015)
• Cited in King Drug Co. of Florence, Inc. v. Smithkline Beecham Corp., 791 F.3d 388
(3d Cir. 2015)
• Cited in In re: Nexium (Esomeprazole) Antitrust Litigation, 2015 WL 4717286 (D.
Mass. Aug. 7, 2015)
Pharmaceutical Antitrust Complexity, COMPETITION POLICY INTERNATIONAL (Vol. 10, No. 2,
2014) (symposium)
U.S. Court Issues Concerning Ruling on Drug Patent Settlements (Loestrin), E-COMPETITIONS
(No. 69705, Oct. 2014)
U.S. Court Finds that an Athletics Association’s Rules Restricting Payments to Student-Athletes
Violate Antitrust Laws (O’Bannon v. NCAA), E-COMPETITIONS (No. 68725, Sept. 2014)
What You Need to Know About Standard Essential Patents, COMPETITION POLICY
INTERNATIONAL (Vol. 8, No. 2, 2014)
Limelight v. Akamai: Limiting Induced Infringement, 2014 WISCONSIN LAW REVIEW ONLINE 1
Apple v. Motorola: Five Lessons for Judges in Admitting Expert Testimony, 14 BLOOMBERG
BNA EXPERT EVIDENCE REPORT, May 2014
A U.S. Court Issues Formalistic Ruling on Reverse-Payment Settlements After “Actavis”
(GlaxoSmithKline/Teva Pharmaceuticals/Louisiana Wholesale Drug Company/King Drug
Company), E-COMPETITIONS (No. 63588, Feb. 2014)
Only “Scraping” the Surface: The Copyright Hole in the FTC’s Google Settlement, 46
UNIVERSITY OF BRITISH COLUMBIA LAW REVIEW 759 (2014) (symposium)
A Response to Chief Justice Roberts: Why Antitrust Must Play A Role in the Analysis of Drug
Patent Settlements, 15 MINNESOTA JOURNAL OF LAW, SCIENCE & TECHNOLOGY 31 (2014)
(symposium)
A U.S. Court Issues Second Ruling Determining RAND Rate for Standard Essential Patent
(Innovatio), E-COMPETITIONS (No. 58558, Nov. 2013)
Five Arguments Laid to Rest After Actavis, 13 ANTITRUST SOURCE 1 (2013)
Michael A. Carrier
Rutgers University School of Law
Google and Antitrust: Five Approaches to an Evolving Issue, HARVARD JOURNAL OF LAW AND
TECHNOLOGY OCCASIONAL PAPER SERIES (July 2013)
• Nominated for one of top antitrust articles of 2013
U.S. Supreme Court Issues First Ruling on Antitrust Legality of Reverse-Payment Drug Patent
Settlements (FTC v. Actavis), E-COMPETITIONS (No. 53120, July 2013)
Copyright and Innovation: Responses to Marks, Masnick, and Picker, 2013 WISCONSIN LAW
REVIEW ONLINE 46
A U.S. Court Issues First Analysis of an Appropriate Royalty that a Patentee Could Obtain after
Promising to License Its Patent on Reasonable and Nondiscriminatory (RAND) Terms
(Microsoft v Motorola), E-COMPETITIONS (No. 51802, May 2013-I)
Increasing Innovation Through Copyright Common Sense and Better Government Policy, 62
EMORY LAW JOURNAL 983 (2013) (symposium)
Roundtable on Reverse-Payment Settlements, ABA SECTION OF ANTITRUST LAW, ANTITRUST
HEALTH CARE CHRONICLE (March 2013)
Patent Assertion Entities: Six Actions the Antitrust Agencies Can Take, COMPETITION POLICY
INTERNATIONAL: ANTITRUST CHRONICLE (Vol. 1 No. 2, 2013)
SOPA, PIPA, ACTA, TPP: An Alphabet Soup of Innovation-Stifling Copyright Legislation and
Agreements, 11 NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY
21 (2013) (symposium)
Copyright and Innovation: The Untold Story, 2012 WISCONSIN LAW REVIEW 891
• Republished in INTELLECTUAL PROPERTY AND INNOVATION (Shubha Ghosh editor,
Edward Elgar Publishing, 2017)
• Subject of online symposium involving Steven Marks, Mike Masnick, and Randal
Picker
• Discussed in Billboard magazine, NY Times blog, Boing Boing, and more than 50
music, arts, law, and technology websites
• #1 downloaded article on SSRN in July 2012
Citizen Petitions: An Empirical Study (with Daryl Wander), 34 CARDOZO LAW REVIEW 249
(2012)
• Cited in Cerveny v. Aventis, Inc., 855 F.3d 1091 (10th Cir. 2017)
• Cited in In re Actos End–Payor Antitrust Litigation, 848 F.3d 89 (2d Cir. 2017)
• Cited in Apotex Inc. v. Acorda Therapeutics, Inc., 823 F.3d 51 (2d Cir. 2016)
Why the “Scope of the Patent” Test Cannot Solve the Drug Patent Settlement Problem, 16
STANFORD TECHNOLOGY LAW REVIEW 1 (2012)
Michael A. Carrier
Rutgers University School of Law
A Roadmap to the Smartphone Patent Wars and FRAND Licensing, COMPETITION POLICY
INTERNATIONAL: ANTITRUST CHRONICLE (Vol. 4 No. 2, 2012)
• Nominated for one of top antitrust articles of 2012
Post-Grant Opposition: A Proposal and a Comparison to the America Invents Act, 45 U.C.
DAVIS LAW REVIEW 103 (2011)
A Tort-Based Causation Framework for Antitrust Analysis, 77 ANTITRUST LAW JOURNAL 991
(2011) (symposium)
• Nominated for one of top antitrust articles of 2011
• Cited in Jetaway Aviation, LLC v. Board of County Commissioners, 754 F.3d 824 (10th
Cir. 2014).
An Antitrust Framework for Climate Change, 9 NORTHWESTERN JOURNAL OF TECHNOLOGY AND
INTELLECTUAL PROPERTY 513 (2011)
• Cited in OECD REPORT ON SUSTAINABILITY & COMPETITION LAW AND POLICY (2020)
Provigil: A Case Study of Anticompetitive Behavior, 2 HASTINGS SCIENCE TECHNOLOGY & LAW
JOURNAL 441 (2011) (symposium)
Solving the Drug Settlement Problem: The Legislative Approach, 41 RUTGERS LAW JOURNAL 83
(2011) (symposium)
• Cited in Statement of the Federal Trade Commission, FTC v. Cephalon, Inc. (May 28,
2015) ($1.2 billion settlement with Cephalon and Teva)
• Cited in In re Loestrin 24 Fe Antitrust Litigation, 2014 WL 4368924 (D.R.I. Sept. 4,
2014)
2025: Reverse-Payment Settlements Unleashed, 2 COMPETITION POLICY INTERNATIONAL
ANTITRUST JOURNAL (2010) (symposium)
A Real-World Analysis of Pharmaceutical Settlements: The Missing Dimension of Product-
Hopping, 62 FLORIDA LAW REVIEW 1009 (2010)
• Cited in New York ex rel. Schneiderman v. Actavis PLC, 787 F.3d 638 (2d Cir. 2015)
Innovation for the 21
st
Century: A Response to Seven Critics, 61 ALABAMA LAW REVIEW 597
(2010) (symposium)
The Pirate Bay, Grokster, and Google, 15 JOURNAL OF INTELLECTUAL PROPERTY RIGHTS 7
(2010) (solicited)
Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality, 108 MICHIGAN
LAW REVIEW 37 (2009)
• Cited in In re Cipro Cases I & II, 61 Cal.4th 116 (Cal. 2015)
Michael A. Carrier
Rutgers University School of Law
The Rule of Reason in the 21st Century, 17 GEORGE MASON LAW REVIEW 827 (2009)
(symposium)
• Discussed in Bloomberg Law article
• Cited in INVESTIGATION OF COMPETITION IN DIGITAL MARKETS: MAJORITY STAFF
REPORT AND RECOMMENDATIONS (Subcommittee on Antitrust, Commercial, and
Administrative Law of the House Committee on the Judiciary) (2020)
Two Puzzles Resolved: Of the Schumpeter-Arrow Stalemate and Pharmaceutical Innovation
Markets, 93 IOWA LAW REVIEW 393 (2008)
• Cited in OECD REPORT ON SUSTAINABILITY & COMPETITION LAW AND POLICY (2020)
Against Cyberproperty, 22 BERKELEY TECHNOLOGY LAW JOURNAL 1485 (2008) (with Greg
Lastowka)
Why Modularity Does Not (and Should Not) Explain Intellectual Property, 116 YALE LAW
JOURNAL POCKET PART 95 (2007) (solicited)
Pictures at the New Economy Exhibition: Why the Antitrust Modernization Commission Got it
(Mostly) Right, 38 RUTGERS LAW JOURNAL 473 (2007) (symposium)
• Reprinted in Patents vs. Competition: A Legal Debate (ICFAI University Press, India,
2008)
Refusals to License Intellectual Property After Trinko, 55 DEPAUL LAW REVIEW 1191 (2006)
(symposium)
• Republished as Odbijanje davanja licence za intelektualno vlasništvo nakon
predmeta Trinko, translated by Zeljko Mrsic, Nov-um (2008) [Croatian]
Of Trinko, Tea Leaves, and Intellectual Property, 31 JOURNAL OF CORPORATION LAW 357 (2006)
(symposium)
• Reprinted in Intellectual Property and Licensing Issues (P.L. Jayanthi Reddy editor,
ICFAI University Press, India, 2009)
Vote Counting, Technology, and Unintended Consequences, 79 ST. JOHN’S LAW REVIEW 645
(2005)
Review of IP AND ANTITRUST: AN ANALYSIS OF ANTITRUST PRINCIPLES APPLIED TO
INTELLECTUAL PROPERTY LAW (Herbert Hovenkamp, Mark D. Janis & Mark A. Lemley
editors), 28 WORLD COMPETITION LAW AND ECONOMICS REVIEW 277 (2005) (solicited)
Cabining Intellectual Property Through a Property Paradigm, 54 DUKE LAW JOURNAL 1 (2004)
Resolving the Patent-Antitrust Paradox Through Tripartite Innovation, 56 VANDERBILT LAW
REVIEW 1047 (2003)
Why Antitrust Should Defer to the Intellectual Property Rules of Standard Setting Organizations:
A Commentary on Teece and Sherry, 87 MINNESOTA LAW REVIEW 2019 (2003)
(symposium)
Michael A. Carrier
Rutgers University School of Law
Antitrust After the Interception: Of a Heroic Returner and Myriad Paths, 55 STANFORD LAW
REVIEW 287 (2002) [Review of RICHARD A. POSNER, ANTITRUST LAW (2001)]
• Also published in THE ANTITRUST SOURCE, at
http://www.americanbar.org/content/dam/aba/publishing/antitrust_source/carrier.authcheckdam.pdf
Unraveling the Patent-Antitrust Paradox, 150 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 761
(2002)
• Cited in Bilski v. Kappos, 130 S. Ct. 3218 (2010) (Stevens, J., concurring)
• Cited in Asahi Glass v. Pentech Pharmaceuticals, 289 F. Supp. 2d 986 (N.D. Ill. 2003)
The Real Rule of Reason: Bridging the Disconnect, 1999 BYU LAW REVIEW 1265 (1999)
All Aboard the Congressional Fast Track: From Trade to Beyond, 29 GEORGE WASHINGTON
JOURNAL OF INTERNATIONAL LAW & ECONOMICS 687 (1996)
Justice Oliver Wendell Holmes: Law and the Inner Self, 93 MICHIGAN LAW REVIEW 1894 (1995)
When Is the Senate in Recess for Purposes of the Recess Appointments Clause?, 92 MICHIGAN
LAW REVIEW 2204 (1994)
• Cited in NLRB v. Enterprise Leasing Co. Southeast, LLC, 2013 WL 3722388 (4th Cir.
July 17, 2013).
• Cited in NLRB v. New Vista Nursing & Rehabilitation, 2013 WL 2099742 (3d Cir.
May 16, 2013)
• Cited in Canning v. NLRB, 2013 WL 276024 (D.C. Cir. Jan. 25, 2013)
• Cited in Swan v. Clinton, 100 F.3d 973 (D.C. Cir. 1996)
• Cited in Nippon Steel Corp. v. U.S. ITC, 239 F. Supp. 2d 1367 (ITC 2002)
Amicus briefs / Group letters
Brief Amici Curiae of 65 Professors of Law, Business, Economics, and Sports Management in
Support of Respondents (with Chris Sagers), NCAA v. Alston and American Athletic Conference
v. Alston, U.S. Supreme Court, March 2021
Amici Curiae Brief of 57 Law, Economics, Business, Health, and Medicine Professors in
Support of Cross-Appellant’s Petition for Rehearing En Banc, GlaxoSmithKline LLC v. Teva
Pharmaceuticals, Inc., U.S. Court of Appeals for the Federal Circuit, December 2020
Amici Curiae Brief of 66 Law, Economics, Business, and Medical Professors in Support of
Plaintiffs-Appellants, UFCW Local 1500 Welfare Fund v. AbbVie Inc., U.S. Court of Appeals for
the Seventh Circuit, October 2020
• Received coverage in Law360, PatentlyO, IAM, and ABA Antitrust Connect
(Intellectual Property and Health Care & Pharmaceuticals newsletters)
Brief Amici Curiae of 82 Law, Economics, Business, and Medical Professors in Support of
Respondent, Impax Laboratories v. FTC, U.S. Court of Appeals for the Fifth Circuit, December
2019
Michael A. Carrier
Rutgers University School of Law
Motion for Leave to File Brief and Brief Amicus Curiae in Support of Defendant’s Opposition to
Plaintiff’s Motion for Preliminary Injunction, Association for Accessible Medicines v. Becerra,
U.S. District Court for the Eastern District of California, December 2019
Letter (with Tim Muris) to Assistant Attorney General Makan Delrahim on behalf of 77 former
government enforcers and academics, May 2018, https://law.rutgers.edu/f/mc-05-18-2018.pdf
• Received coverage in Bloomberg BNA, Competition Policy International, Law360,
and PatentlyO.
Brief Amici Curiae of 58 Law, Economics, and Business Professors in Support of Appellants’
Petition for Panel Rehearing or Rehearing En Banc, In re Wellbutrin XL Antitrust Litigation,
U.S. Court of Appeals for the Third Circuit, September 2017
Brief for the American Antitrust Institute as Amicus Curiae in Support of Petition for Rehearing
and Rehearing En Banc (with Richard Brunell), Mylan v. Warner Chilcott, U.S. Court of
Appeals for the Third Circuit, October 2016
Letter to Deputy Solicitor General on behalf of 61 professors in SmithKline Beecham v. King
Drug of Florence, July 2016
Brief Amici Curiae of 48 Law, Economics, and Business Professors and the American Antitrust
Institute in Support of Appellants, In re Lipitor Antitrust Litigation, U.S. Court of Appeals for
the Third Circuit, December 2015
Brief Amici Curiae of 48 Law, Economics, and Business Professors and the American Antitrust
Institute in Support of Appellants, In re Effexor XR Antitrust Litigation, U.S. Court of Appeals
for the Third Circuit, November 2015
• Cited in In re Lipitor Antitrust Litigation, 868 F.3d 231 (3d Cir. 2017)
Brief Amici Curiae on Behalf of 70 Law, Economics, and Business Professors and the American
Antitrust Institute in Support of Appellants, In re: Loestrin 24 FE Antitrust Litigation, U.S. Court
of Appeals for the First Circuit, June 2015
Brief Amici Curiae of 53 Law, Economics, and Business Professors, the American Antitrust
Institute, and Consumers Union in Support of Appellants, In re: Lamictal Direct Purchaser
Antitrust Litigation, U.S. Court of Appeals for the Third Circuit, April 2014
Brief of Amici Curiae 49 Professors in Support of Petitioners, In re Cipro Cases I & II,
California Supreme Court, March 2014
Brief Amici Curiae of the American Antitrust Institute and Consumers Union, In re Wellbutrin
XL Antitrust Litigation, U.S. District Court for the Eastern District of Pennsylvania, September
2013
Brief Amici Curiae of 118 Law, Economics, and Business Professors and the American Antitrust
Institute in Support of Petitioners (with Mark Lemley), Federal Trade Commission v. Watson
Pharmaceuticals, Inc., U.S. Supreme Court, January 2013
• Cited in FTC v. Actavis, 133 S. Ct. 2223 (2013)
Michael A. Carrier
Rutgers University School of Law
Amici Curiae Brief of 27 U.S. Antitrust, Intellectual Property, and Innovation Professors in
Support of Plaintiff-Appellee, Ritz Camera & Image, LLC v. Sandisk Corp., U.S. Court of
Appeals for the Federal Circuit, June 2012
Brief of Amici Curiae American Antitrust Institute and 26 Law Professors, In re K-Dur Antitrust
Litigation, U.S. Court of Appeals for the Third Circuit, May 2011
Brief of Amicus Curiae Professor Michael Carrier in Support of Defendants-Appellees and
Urging Affirmance, Viacom International, Inc. v. YouTube, Inc., U.S. Court of Appeals for the
Second Circuit, April 2011
Brief Amici Curiae of Consumer Federation of America, Prescription Access Litigation LLP,
The National Legislative Association on Prescription Drug Prices, and U.S. PIRG in Support of
the Petitioners, Louisiana Wholesale Drug Co. v. Bayer, U.S. Supreme Court, January 2011
Brief for Consumers Union, Consumer Federation of America, U.S. PIRG and National
Legislative Association on Prescription Drug Prices as Amicus Curiae in Support of Plaintiffs-
Appellants’ Petition for Rehearing En Banc, Arkansas Carpenters Health and Welfare Fund v.
Bayer AG, U.S. Court of Appeals for the Second Circuit, May 2010
Government submissions
REMS Patents Should Not Be Listed in Orange Book, July 2020 comments on proposed FDA
regulations on Listing of Patent Information in the Orange Book,
https://beta.regulations.gov/comment/FDA-2020-N-1127-0002
Response to Representative Schakowsky’s Questions for the Record for House Energy &
Commerce Committee (Subcommittee on Consumer Protection and Commerce) Hearing on
“Profits Over Consumers: Exposing How Pharmaceutical Companies Game the System,” Oct.
22, 2019, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3507863
Letter to Federal Trade Commission on AbbVie’s proposed acquisition of Allergan, Oct. 3, 2019,
https://law.rutgers.edu/sites/law/files/FTC-AbbVie-Allergan-letter-Carrier.pdf.
Testimony for House Energy & Commerce Committee (Consumer Protection and Commerce
Subcommittee) Hearing on “Profits over Consumers: Exposing how Pharmaceutical Companies
Game the System,” Sept. 19, 2019,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3464850
Responses to Questions for the Record by Senator Grassley, Senator Klobuchar, and Senator
Blumenthal, May 2019,
https://www.judiciary.senate.gov/imo/media/doc/Carrier%20Responses%20to%20QFRs.pdf
Testimony for Senate Judiciary Committee Hearing on “Intellectual Property and the Price of
Prescription Drugs: Balancing Innovation and Competition,” May 2019,
https://www.judiciary.senate.gov/imo/media/doc/Carrier%20Testimony.pdf
Michael A. Carrier
Rutgers University School of Law
Testimony for House Energy & Commerce Committee (Health Subcommittee) Hearing on
“Lowering the Cost of Prescription Drugs: Reducing Barriers to Market Competition,”
March 2019, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3352629
Addressing Abusive Citizen Petitions, October 2018 comments on proposed FDA regulations on
Citizen Petitions and Petitions for Stay of Action Subject to Section 505(q) of the Federal Food,
Drug, and Cosmetic Act, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3269498
Five Proposals to Stop the Games and Encourage a Robust Biosimilar Market, September 2018
comments on “Facilitating Competition and Innovation in the Biological Products Marketplace;
Public Hearing; Request for Comments,” FDA,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3251528
IP and Competition: Context, Test, and Balance, August 2018 comments on “The Role of
Intellectual Property and Competition Policy in Promoting Innovation,” FTC hearings on
Competition and Consumer Protection in the 21
st
Century, https://www.ftc.gov/policy/public-
comments/2018/08/15/comment-ftc-2018-0055-d-0005
Essential Changes to Shared REMS, July 2018 comments on proposed FDA Draft Guidance for
Industry Development of a Shared System REMS,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3213682
High Prices & No Excuses: 6 Anticompetitive Games, Federal Trade Commission workshop on
“Understanding Competition in Prescription Drug Markets,” November 2017,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3066514
Statement on “Antitrust Concerns and the FDA Approval Process,” Subcommittee on Regulatory
Reform, Commercial and Antitrust Law, U.S. House Committee on the Judiciary, July 2017,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3008227
Four Proposals to Enhance Generic Competition, U.S. Food and Drug Administration (FDA)
hearing on “The Hatch-Waxman Amendments: Ensuring a Balance between Innovation and
Access,” July 2017, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3003969
Comments on Proposed Update on Intellectual Property Licensing Guidelines, U.S. Department
of Justice Antitrust Division and Federal Trade Commission, August 2016,
https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2833348
• Reprinted in COMPETITION: THE JOURNAL OF THE ANTITRUST, UCL AND PRIVACY
SECTION OF THE STATE BAR OF CALIFORNIA (Fall 2016)
Eliminate Statutory Damages for Secondary Infringers, Department of Commerce Internet
Policy Task Force Comment, January 2014, http://www.ntia.doc.gov/files/ntia/carrier_post-
meeting_comments.pdf
• Cited numerous times in DEPARTMENT OF COMMERCE INTERNET POLICY TASK FORCE,
WHITE PAPER ON REMIXES, FIRST SALE, AND STATUTORY DAMAGES: COPYRIGHT
POLICY, CREATIVITY, AND INNOVATION IN THE DIGITAL ECONOMY (Jan. 2016)
Michael A. Carrier
Rutgers University School of Law
Statement on “Pay-for-Delay Deals: Limiting Competition and Costing Consumers,” Senate
Judiciary Committee, Subcommittee on Antitrust, Competition Policy and Consumer Rights,
July 2013,
http://www.judiciary.senate.gov/hearings/testimony.cfm?id=f4106739eddbae64611e52656baee0
09&wit_id=f4106739eddbae64611e52656baee009-0-7
Antitrust Enforcement and Trolls, Federal Trade Commission and U.S. Department of Justice,
Patent Assertion Entity Activities Workshop, December 2012,
http://www.ftc.gov/os/comments/pae/pae-0002.pdf
IP Enforcement Can’t Whack Every Mole but Can Stifle Technological Innovation,
U.S. Intellectual Property Enforcement Coordinator, Development of the Joint Strategic Plan on
Intellectual Property Enforcement, August 2012, http://infojustice.org/archives/26891
An Important, but Incomplete, Notice of Inquiry on Copyright and Innovation, National
Telecommunications and Information Administration Inquiry on Copyright Policy, Creativity,
and Innovation in the Internet Economy Docket # 100910448-0448-01, November 2010,
http://ssl.ntia.doc.gov/comments/100910448-0448-01/comment.cfm?e=A0B285F6-F5A9-4E51-
867C-4DF688AB3458
Innovation and Copyright: The Neglected Relationship, and Supplemental Remarks on
Innovation/Copyright Hearings, Board on Science, Technology, and Economic Policy, The
Impact of Copyright Policy on Innovation in the Digital Era, October 2010,
http://sites.nationalacademies.org/PGA/step/copyrightpolicy/PGA_066845
Short articles/blog posts
Helping Consumers Afford Prescription Drugs: An Antitrust Agenda for the New Congress,
HEALTH AFFAIRS BLOG (Jan. 2021)
How Biosimilar Disparagement Violates Antitrust Law, BLOOMBERG LAW (Nov. 2020)
Why Do Courts Err in Pharmaceutical Antitrust Cases?, CONCURRENTIALISTE JOURNAL OF
ANTITRUST LAW (Aug. 2020)
How Biologics Cos. Disparage Biosimilars And How To Stop It, LAW360 (Aug. 2020)
JUST SECURITY blog symposium, 11 Top Antitrust Experts Alarmed by Whistleblower Complaint
Against A.G. Barr—and Office of Professional Responsibility’s Opinion (June 2020)
New Statement on Standard-Essential Patents Relies on Omissions, Strawmen, Generalities,
BLOOMBERG LAW (Jan. 2020)
4-Part Series in BIOSIMILAR DEVELOPMENT on 2019 Events and 2020 Predictions (Dec. 2019 to
Jan. 2020)
Solving the “Parking” Problem in the Drug Monopoly Game, THE HILL (Dec. 2019)
Michael A. Carrier
Rutgers University School of Law
The Fifth Circuit Must Preserve the Patent-Antitrust Balance by Upholding Actavis, IP
WATCHDOG (Dec. 2019)
Answer to Iancu’s SEP Policy Call is in Plain Sight, LAW360 (Oct. 2019)
• Nominated for one of top antitrust articles of 2019
The Industry that Cries Wolf: Pharma and Innovation (with Genevieve Tung), STAT (Sept.
2019)
• Cited in Forbes article
Responding to Delrahim on IP, GLOBAL COMPETITION REVIEW (Feb. 2019)
Challenging Deceptive Drug Pricing, JURIST (Nov. 2018)
DOJ Giving Cover to Monopolizing Firms that Breach Antitrust Rules, THE HILL (Oct. 2018)
A Six-Step Solution to the PBM Problem, HEALTH AFFAIRS BLOG (Aug. 2018)
FTC v. Actavis: Where We Stand After 5 Years, IP WATCHDOG (June 2018)
NCAA Business Model Under Fire, SPORTS LAW BLOG (Apr. 2018)
How Big Pharma Sandbags Generic Competition, WALL STREET JOURNAL OPINION (Nov. 2017)
Featured in Q&A: Will we see more drug makers file antitrust lawsuits against rivals?, STAT
(Oct. 2017)
Featured in Q&A: Drug Industry May Face New Areas of Antitrust Scrutiny, Bloomberg BNA
(Apr. 2017)
Hate High Drug Prices? Blame Greedy Companies and Our Politicians (with Hagop
Kantarjian), THE HILL (Feb. 2017)
The Business of Amateurs: Suffering Student-Athletes and a Thriving NCAA, SPORTS LAW BLOG
(Aug. 2016)
A Simple Way to Lower Drug Prices, IP WATCHDOG (June 2016)
• Discussed in Lincoln Journal Star editorial and Rapid City Journal editorial
The NCAA's Exploitation of Student-Athletes, SPORTS LAW BLOG (Mar. 2016)
The Daraprim Price Hike and a Role for Antitrust (with Aaron Kesselheim), HEALTH AFFAIRS
BLOG (Oct. 2015)
Drug Antitrust Issues with Daraprim and Beyond, LAW 360 (Oct. 2015)
Third Circuit Lamictal Ruling: “Payment” Broader than Cash, IP WATCHDOG (June 2015)
Michael A. Carrier
Rutgers University School of Law
Aereo and Innovation: A Sobering Lesson from Music, DISRUPTIVE COMPETITION PROJECT
(DISCO) (July 2014)
Why Actavis Is Not Limited to Cash: Professors Brief in Lamictal, IP WATCHDOG (May 2014)
No Statutory Damages for Secondary Liability, DISRUPTIVE COMPETITION PROJECT (DISCO) (Jan.
2014)
Copyright’s Blind Spot: The Innovation Asymmetry, DISRUPTIVE COMPETITION PROJECT (DISCO)
(Dec. 2013)
Actavis and “Large and Unjustified” Payments, SCOTUSBLOG (July 2013)
It’s Settled: Pay-for-Delay Challenges Had a Big Week, INFOJUSTICE.ORG (June 2013)
The Supreme Court’s Actavis Decision, Or Why Pay-for-Delay Litigation Just Got More Active,
IP WATCHDOG (June 2013)
Classic Antitrust/IP Scholarship, WRITTENDESCRIPTION (June 2013)
Op-ed: Antitrust Regulators Ponder Patent Trolls—But They Need To Act, ARS TECHNICA (April
2013)
Participant, Blog Symposium on Patent Assertion Entities, ANTITRUST & COMPETITION POLICY
BLOG (April 2013)
Supreme Court Agrees To Tackle Drug Patent Settlements, IP WATCHDOG (December 2012)
Reverse Payment Home Run for Pharma Antitrust Enforcement, IP WATCHDOG (July 2012)
Review of Creation without Restraint: Promoting Liberty and Rivalry in Innovation, ANTITRUST
& COMPETITION POLICY BLOG (March 2012)
Why Innovation is Under Attack, TECHDIRT (May 2011)
Hatch-Waxman at the Supreme Court: Supporting Cert. in Cipro, IP WATCHDOG (Jan. 2011)
The Proposed New Copyright Crime of “Aiding and Abetting,” OUP BLOG (Oxford) (Oct. 2010)
After Cipro, OUP BLOG (Oxford) (Apr. 2010)
Guest Post: Fostering Innovation in China and the U.S. for the 21st Century, CHINA LAW BLOG
(Jan. 2010)
Guest Post: Innovation for the 21st Century, SPICY IP (Dec. 2009)
BitTorrent: Under Attack but Needed for Innovation, TORRENTFREAK (Aug. 2009)
BitTorrent: Legal Nightmare or Future Business Model?, OUP BLOG (Oxford) (Apr. 2009)
Michael A. Carrier
Rutgers University School of Law
The Rambus Certiorari Petition: Causation, Competition, and Standard-Setting Organizations,
PATENTLYO (Jan. 2009)
Video Rental Company Redbox Sues Universal Studios, DRM WATCH (Nov. 2008)
Media:
Quoted more than 2000 times in ABA JOURNAL, ABC NEWS, AMERICAN LAWYER,
ARSTECHNICA, AUSTRALIAN FINANCIAL REVIEW, BLOOMBERG, BLOOMBERG TV, BOSTON
GLOBE, BOSTON HERALD, BUSINESS NEWS DAILY, CAPITAL (BULGARIA), CBS, CBS SPORTS,
CHICAGO TRIBUNE, CHRISTIAN SCIENCE MONITOR, CNBC.COM, CNN, CNNMONEY, COLUMBUS
DISPATCH, COURIER POST, CONSUMER REPORTS, C-SPAN, DAILY HERALD (CHICAGO),
ECONOMIST, ESPN, FDANEWS, FINANCIAL TIMES, FORBES, FORTUNE, FOX NEWS, GLOBAL
COMPETITION REVIEW, HOLLYWOOD REPORTER, HOUSTON CHRONICLE, HUFFINGTON POST,
INSIDE COUNSEL, INTELLECTUAL PROPERTY WATCH, INTERNATIONAL BUSINESS TIMES,
INTERNATIONAL HERALD TRIBUNE, KOREA TIMES, LAW360, LES ECHOS, LOS ANGELES TIMES,
NATIONAL LAW JOURNAL, NATURE, NBC NEWS, NEW JERSEY LAW JOURNAL, NEWSDAY, NJBIZ,
NJTV, NEW YORK POST, NEW YORK TIMES, NPR, PBS, PHILADELPHIA INQUIRER, POLITICO,
REUTERS, SAIDA ONLINE (LEBANON), SAN FRANCISCO BUSINESS TIMES, SAN FRANCISCO
CHRONICLE, SEATTLE TIMES, SEPUTAR INDONESIA, SHENZHEN DAILY, SPORTING NEWS, SPORTS
ILLUSTRATED, THE ATLANTIC, THE MUMBAI TIMES, THE PINK SHEET, THE TIMES OF INDIA,
TORONTO STAR, TV CHANNEL RUSSIA 24, UK REGISTER, UPI, US NEWS & WORLD REPORT, USA
TODAY, WALL STREET JOURNAL, WALL STREET JOURNAL TV, WASHINGTON POST, other
publications
PRESENTATIONS
Panelist, “Game Over? Alston and the Future of Fair Pay to Play Statutes,” Rutgers Business
Law Review, April 2021
NCAA v. Alston panel, NOCAP Sports, March 2021
“New Opportunities for American Leadership in Standards and IP Policy” panel, ACT/The
App Association, February 2021
Lecture on “Three Challenges for Pharmaceutical Antitrust,” Harvard’s Program on
Regulation, Therapeutics, and Law, February 2021
Guest lecture, Product Hopping, Michigan Law School Antitrust and IP class, February 2021
“Antitrust and Collegiate Athletics” panel, George Mason Law Review 24th Annual Antitrust
Symposium, February 2021
“Pharmaceutical Competition Policy” panel, Biopharmaceutical Innovation and Pricing
Reform Conference, Boston University Institute for Health System Innovation and Policy,
January 2021
Michael A. Carrier
Rutgers University School of Law
Guest Lecture, Drug Patent Settlements, University of Pennsylvania Carey Law School Patent
Law class, December 2020
“Three Challenges for Pharmaceutical Antitrust,” New York State Bar Association Antitrust
Section, forthcoming December 2020
ABA Section of Intellectual Property Law CLE Series: Standards Essential Patents & the
Internet of Things webinar, June 2020
Guest lecture, “Management and Economics of the Pharmaceutical & Biotech Industries”
class, The Wharton School at the University of Pennsylvania, April 2020
Speaker, FDA/FTC Workshop on a Competitive Marketplace for Biosimilars, March 2020
“Three Challenges for Pharmaceutical Antitrust,” The Interplay of Antitrust Laws and Our
Current Business Environment, University of Pennsylvania Journal of Business Law
Symposium, February 2020
“Antitrust Law and the Pharmaceutical Industry,” The Power of Attorney Podcast (with Co-
Dean Kimberly Mutcherson), Rutgers Law School, January 2020
“Examining Pharmaceutical Patent Practices & Their Impact on Drug Prices” panel,
Bipartisan Policy Center conference, December 2019
Keynote Address: “The Importance of Pharmaceutical Antitrust Enforcement,” Mercade de
Medicamentos: Informe Preliminar del Estudio de Mercado de la FNE [Medication
Market: Preliminary Report of the FNE Market Study], Universidad de Chile: Facultad de
Derecho [University of Chile Law School] (via Skype), December 2019
“Higher Drug Prices from Anticompetitive Conduct: Three Case Studies,” U.S. Department of
Justice Antitrust Division’s Competition Law and Policy Seminar Series, December 2019
Moderator, “Careers in Antitrust” Panel, Rutgers Law School, October 2019
Testimony for House Energy & Commerce Committee (Consumer Protection and Commerce
Subcommittee) Hearing on “Profits over Consumers: Exposing how Pharmaceutical
Companies Game the System,” September 2019
Keynote Lecture, “Three Challenges for Pharmaceutical Antitrust,” Pharma/Data/Competition
Conference, Hebrew University of Jerusalem, June 2019
• Responses by Ittai Paldor, Tal Band, Eran Bareket
“Why Absolutist Conceptions of Property Do Not Support the Antitrust Abandonment of
Standards,” IP from a Property Perspective IPIL conference, June 2019
Testimony for Senate Judiciary Committee Hearing on “Intellectual Property and the Price of
Prescription Drugs: Balancing Innovation and Competition,” May 2019
Michael A. Carrier
Rutgers University School of Law
Moderator, “Standards, Intellectual Property, and the Future of the Internet of Things” panel,
Internet of Things World, May 2019
Panel on “Brand Companies’ Anticompetitive Strategies,” Kaiser Conference on
“Anticompetitive Drug Pricing Practices: A Learning and Strategy Session,” April 2019
“Noerr-Pennington Immunity and ‘Sham’ Petitioning Developments in the Pharmaceutical
Industry,” N.Y. State Bar Association, April 2019
Testimony for House Energy & Commerce Committee (Health Subcommittee) Hearing on
“Lowering the Cost of Prescription Drugs: Reducing Barriers to Market Competition,”
March 2019
Guest lecture, “Management and Economics of the Pharmaceutical & Biotech Industries”
class, The Wharton School at the University of Pennsylvania, March 2019
Panelist, The App Association, “2019 Patents in Telecoms and the Internet of Things,”
George Washington University Law School, March 2019
Keynote Speaker, “Workshop on Recent Challenges in Competition and IP in Pharmaceutical
Markets,” OECD, February 2019
“Pharmaceuticals and Antitrust,” Antitrust and Silicon Valley: New Themes and Directions in
Competition Law and Policy conference, Santa Clara University School of Law, February
2019
“Biosimilar Innovation,” UC Irvine Law School, February 2019
Journal of Legal Medicine Inaugural Symposium: “Solving America’s Drug Pricing
Problem,” Georgia State University College of Law, January 2019
Moderator, Coalition Against Patent Abuse Launch Event, January 2019
“Alston v. NCAA: Will ‘Amateurism’ Survive?,” ABA Antitrust Law section, January 2019
“Biologics and Biosimilars: Vanguards of Health Care and Antitrust,” ABA Federal Civil
Enforcement, Health Care & Pharmaceuticals, and Intellectual Property sections,
December 2018
Commentator, Yaniv Heled, “Toward Effective Competition in Biologics” and Ana
Santos Rutschman, “The New Drug Patent Cliff,” Wiet Life Science Law Scholars
Conference, Loyola University Chicago School of Law, September 2018
“Standard Essential Patents and the Internet of Things” panel, ABA Section of Intellectual
Property Law 33
rd
Annual Spring Conference, April 2018
“Antitrust/IP: The Basics,” ABA Antitrust Law Section, Antitrust Law Spring Meeting, April
2018
Michael A. Carrier
Rutgers University School of Law
“Meet the Faculty” panel, Rutgers Dean’s Law Day, April 2018
“Professionalism Program: Confidentiality and Technology in the Law Profession,” Rutgers
Law School, March 2018
“Closing the Legal Loopholes Blocking Access to Generics and Biosimilars,” 2018 Annual
Meeting, Association for Accessible Medicines, February 2018
Response to Jorge Contreras Paper, “Much Ado About Hold-up,” Next Generation of
Antitrust Scholars Conference, ABA Antitrust Section/NYU Law School, January 2018
“Drug Law Panel: Gaming,” Annual Meeting, New York State Bar Association – Food, Drug
and Cosmetic Law Section, January 2018
“Five Solutions to the REMS Patent Problem,” Villanova Faculty Colloquium, November
2017
“Understanding Competition in Prescription Drug Markets: Entry and Supply Chain
Dynamics” (Panel on Generic Drug Competition: Understanding Demand, Price and
Supply Issues), Federal Trade Commission Workshop, November 2017
“Sharing, Samples, and Generics: An Antitrust Framework,” Antitrust Scholars
Roundtable, University of California, Irvine School of Law, November 2017
“Pharmaceuticals” case study (discussion leader), Workshop on Innovation and Antitrust,
Northeastern University and American Antitrust Institute, October 2017
“Inaugural William Howard Taft Lecture: The Rule of Reason in the Post-Actavis World,”
Antitrust Law Section of the New York State Bar Association, September 2017
“Sharing, Samples, and Generics: An Antitrust Framework,” 17th Annual Intellectual
Property Scholars Conference, Cardozo Law School (jointly sponsored by Berkeley,
DePaul, and Stanford law schools), August 2017
“Four Proposals to Enhance Generic Competition,” U.S. Food and Drug Administration
(FDA) hearing on The Hatch-Waxman Amendments: Ensuring a Balance between
Innovation and Access, July 2017
“Anticompetitive Behavior and Prescription Drug Prices,” Cancer Research & Treatment
Fund, Inc. (CR&T) board meeting, June 2017
“Sharing, Samples, and Generics: An Antitrust Framework,” Law and Biosciences
Workshop, Stanford Law School, May 2017
“Pay for Delay Today – The Still-Developing Law on Reverse Payment Settlements” panel,
Third Circuit Judicial Conference, April 2017
Michael A. Carrier
Rutgers University School of Law
“Europe’s ‘Actavis’ Moment: Lundbeck v. Commission” panel, ABA Antitrust Law Section,
Antitrust Law Spring Meeting, March 2017
“The Untold EpiPen Story: How Mylan Hiked Prices by Blocking Rivals,” Cornell Law
Review, March 2017
“Meet the Faculty” panel, Rutgers Dean’s Law Day, March 2017
“Overview of Adverse Possession” lecture, Fundamentals of Legal Analysis Class, March
2017
“Competition in Pharmaceutical Markets Panel,” American Antitrust Institute Healthcare
Roundtable, February 2017
“REMS Abuse: Balancing Generic Competition, Innovation, and Safety Concerns in the
Pharmaceutical Industry” panel, California State Bar Antitrust, UCL, and Privacy Law
Section, January 2017
“Drug Patent Settlements: Where We’ve Been and Where We’re Headed” keynote address,
New Jersey Law Journal and The Legal Intelligencer’s Pharma and IP Legal Summit,
December 2016
“Barriers to Competition in the Pharmaceutical Sector” panel, National Association of
Attorneys General, November 2016
“Antitrust and Pharma – Seeking a Balance” panel, AIPPI World Congress – Milan, October
2016
“O’Bannon in the Supreme Court” panel, ABA Antitrust Law Section and Trade, Sports, and
Professional Associations Section, August 2016
“IP/Competition in the Pharmaceutical Industry,” International Conference on Anti-Monopoly
and IP, co-organized by UCL, Koguan School of Law, Shanghai Jiao Tong University,
HSE-Skolkovo Institute for Law/Development – Shanghai, China (via Skype), July 2016
“New Development in Reverse Payments: A Crescendo or More of the Same?,” ABA
Antitrust Law Section (Intellectual Property, Federal Civil Enforcement, Healthcare/
Pharmaceutical Committees), June 2016
“Drug Patent Settlement Update,” New York City Bar Association Antitrust & Trade
Regulation Committee, June 2016
“Product Hopping: A New Framework,” Michigan Law School Intellectual Property
Workshop, April 2016
“Overview of Adverse Possession” lecture, Fundamentals of Legal Analysis Class, March
2016
Michael A. Carrier
Rutgers University School of Law
“Standard Essential Patents,” Pennsylvania Bar Association Intellectual Property Law
Section, March 2016
“Innovation and Reverse Payments” discussant, 2016 Next Generation of Antitrust Scholars
Conference, ABA Antitrust Section and NYU Law School, January 2016
“Patent Law Overview,” Masterman Legal Careers Class, Julia R. Masterman Laboratory and
Demonstration School, January 2016
“Standard Essential Patents” keynote address, Pepper Hamilton’s Annual Antitrust
Development Update CLE Event, December 2015
Introduction, Greg Lastowka Memorial Project, November 2015
The Smartphone Patent Wars, Management 731: Technology Strategy Class, The Wharton
School of the University of Pennsylvania, October 2015
“Eight Reasons Why ‘No-Authorized-Generic’ Promises Constitute Payment,” 15th Annual
Intellectual Property Scholars Conference, DePaul University College of Law (jointly
sponsored by Berkeley, Cardozo, and Stanford law schools), August 2015
Briefing on Patents for the American Antitrust Institute Roundtable, May 2015
“The Future of Patent Privateering” panel, ABA Antitrust Law Section, 63
rd
Antitrust Law
Spring Meeting, April 2015
“Scholarly Pursuits at Rutgers – Meet the Faculty” panel, Rutgers Dean’s Law Day, March
2015
Co-organizer and panelist, “Litigating Reverse Payment Cases After Actavis,” University of
San Francisco Law School (co-sponsored with Rutgers Institute for Information Policy &
Law and American Antitrust Institute), February 2015
Panelist, “Reverse Payment Cases: Where Are We Now?,” ABA Section of Antitrust Law,
Federal Civil Enforcement and Health Care & Pharmaceuticals Committees, January 2015
“Payment After Actavis,” Hebrew University Faculty of Law, December 2014
“Eight Reasons Why ‘No-Authorized-Generic’ Promises Constitute Payment,” Tel Aviv
University Law & IT Colloquium, December 2014
Panelist, Computer & Communications Industry Association and American Antitrust Institute,
“Scrutinizing Patent Assertion Entities: What Competition Enforcers Are Doing,”
December 2014
Commentator on Shyam Balganesh & Gideon Parchomovsky, “Equity’s Unstated Domain:
The Role of Equity in Shaping Copyright Law,” University of Pennsylvania Law Review
symposium on The New Doctrinalism, October 2014
Michael A. Carrier
Rutgers University School of Law
Debate: “Non-Practicing Entities: Promoting the Progress of Science and the Useful Arts?,”
DuPont & Widener University School of Law, IP CLE, September 2014
Speaker, “Competition Policy and Life-Cycle Management Strategies,” Global Antitrust
Challenges for the Pharmaceutical Industry conference, Global Antitrust Institute at
George Mason University School of Law, Law & Economics Center, September 2014
Presentation on Drug Patent Settlements after Actavis to Pharmaceutical Industry Working
Group of National Association of Attorneys General, September 2014
“Payment After Actavis,” 14th Annual Intellectual Property Scholars Conference, UC
Berkeley School of Law, Boalt Hall (jointly sponsored by Cardozo, DePaul, and Stanford
law schools), August 2014
Roundtable, “Patent Pledges: Developing a Research Agenda,” American University
Washington College of Law, May 2014
Panel on drug patent settlements, DELVACCA (Delaware Valley Association of Corporate
Counsel) Chapter 6th Annual In-House Counsel Conference, April 2014
White House Patent Stakeholder Meeting (with Secretary of Commerce Penny Pritzker,
National Economic Council director Gene Sperling, U.S. Chief Technology Officer Todd
Park, and USPTO deputy director Michelle Lee), February 2014
Commentator on Ariel Katz article, “Next Generation of Antitrust Scholars Conference,”
ABA Antitrust Section and NYU Law School, January 2014
Panelist, “What Antitrust Regulators Can Do About Patent Trolling,” Briefing on Patents for
American Antitrust Institute, January 2014
“Doing Business on the Cutting Edge of Copyright” panel, Computer & Communications
Industry Association’s DisCo Policy Forum 2013, December 2013
“Standard Essential Patents and FRAND” panel, “Patent Reform: Theoretical Propositions
and Factual Foundations” conference, University of Pennsylvania Law School, December
2013
Drug Patent Settlements, Rutgers Intellectual Property Law Association (RIPLA) and Health
Law Society, November 2013
Panelist, “New Approaches and Incentives in Drug Development” conference (sponsored by
Duke Law Center for Innovation Policy, Kauffman Foundation, and One Mind for
Research Foundation), November 2013
“Exclusion Payments After Actavis,” Rutgers Law School – Newark, November 2013
Keynote address, Canadian Competition Bureau’s Workshop on Antitrust Issues in the
Pharmaceutical Sector, November 2013
Michael A. Carrier
Rutgers University School of Law
“3-D Printing” panel, Georgetown Law Journal’s “Law in an Age of Disruptive Technology”
Symposium, November 2013
“Copyright and SOPA/PIPA” panel, Third Annual Rutgers Sports & Entertainment Law
Symposium, November 2013
Panelist, “Reverse Payments” panel, Golden State Antitrust and Unfair Competition Law
Institute, October 2013
Speaker, American Bar Association Antitrust Section, Antitrust and Intellectual Property
Conference, Stanford Law School, October 2013
Panelist, American National Standards Institute, “Legal Issues Forum 2013: Arbitration of
Standard Essential Patent Disputes,” October 2013
Panelist, U.S. Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy
and Consumer Rights hearing on “Pay-for-Delay Deals: Limiting Competition and Costing
Consumers,” July 2013
Panelist, Computer & Communications Industry Association and American Antitrust Institute,
“Competition Law & Patent Assertion Entities: What Antitrust Enforcers Can Do,” June
2013
Moderator, “Antitrust and Patent Assertion Entities: The DOJ-FTC Joint Workshop,” ABA
Section of Antitrust Law (Intellectual Property Committee), May 2013
“World IP Day Lunch: At the Crossroads: Intellectual Property, Innovation, and
Competition,” U.S. Department of Justice discussion sponsored by Acting Associate
Attorney General Tony West, April 2013
Panelist, “Competition Law: Pharmaceuticals and Competition,” 21st Annual Fordham
Intellectual Property Law and Policy Conference, April 2013
American Intellectual Property Law Association webinar: Debate with Steven Bradbury on
Actavis drug-patent-settlement case, April 2013
“The Changing Patent Landscape,” Georgetown University Law Center Conference, March
2013
“Copyright and Innovation,” Michigan Law School, February 2013
Roundtable Discussion on Federal Trade Commission v. Watson Pharmaceuticals, Rutgers
Law School, January 2013
Moderator, “Google and Antitrust,” AALS Antitrust and Economic Regulation panel,
January 2013
Participant, Renaissance Weekend, December 2012
Michael A. Carrier
Rutgers University School of Law
“Competition and Intellectual Property Law,” Center for Studies in Competition Law,
University of Bucharest, Romania, November 2012
Presentation on Drug Patent Settlements to Pharmaceutical Industry Working Group of the
National Association of Attorneys General, November 2012
American Bar Association (Antitrust Section) conference call: “FDA Citizen Petitions and
Noerr Immunity: Policy Questions and Litigation Tactics to Consider,” November 2012
“Economic and Regulatory Perspectives” panel, Berkeley Law School conference on “RAND
Revisited: Current Developments in the Law of Standards-Essential Patents,” October
2012
Presentation on IP and Amicus Briefs to IP Law and Policy Class, University of Richmond
School of Law, October 2012
Introduction to Intellectual Property, Rutgers Intellectual Property Club, September 2012
American Antitrust Institute roundtable (by invitation) on antitrust and patents, May 2012
Book reading, Yale Club of Philadelphia, April 2012
Radio interviews throughout the United States and Canada: “Innovation for the 21
st
Century,”
September 2011 – April 2012
“SOPA, PIPA, and Innovation,” Copyright and the Future of the Entertainment Industry panel
at the 2012 Symposium “Beyond IP: How Intellectual Property and Technology Influence
Other Areas of Law,” Northwestern Law School, February 2012
“Promoting Innovation Through Government Policy and Copyright Common Sense,”
Randolph W. Thrower Symposium, Emory Law School, February 2012
Commentary on Bhaven Sampat and Scott Hemphill’s “When Do Generics Challenge Drug
Patents?,” Second Annual Tri-State Region IP Workshop, Fordham Law School, February
2012
“Drug Settlements: Patently Anticompetitive?,” Evil Twin Debate (against Dan Crane),
University of Richmond School of Law, November 2011
“Gene Patents and Innovation” panel (moderator), Information Policy and Modes of
Innovation Conference, Rutgers Institute for Information Policy & Law, November 2011
Introduction to Intellectual Property Lecture, Rutgers Intellectual Property Club, September
2011
“Competition Issues in Global Licensing Strategies: Recent Case Law Developments in the
United States and EU,” 2011 High Technology Summit Conference, University of
Washington, July 2011
Michael A. Carrier
Rutgers University School of Law
One-Day Workshop on the Economics of Copyright & the Internet, Google, June 2011
• One of 5 law professors invited to roundtable conference at Google
“The Combination of Settlements and Product Hopping,” Competition Law and the
Pharmaceutical Industry conference, Oxford Centre for Competition Law and Policy, May
2011
“A Real-World Analysis of Pharmaceutical Settlements: The Missing Dimension of Product-
Hopping,” London School of Economics lecture, May 2011
Book reading and signing, Head House Books (Philadelphia), April 2011
“Copyright and innovation,” Google talk, April 2011
Legislative proposals for “Increasing Innovation by Reining in Copyright,” Cardozo Modest
Proposals conference, April 2011
Faculty and the Supreme Court, Rutgers Dean’s Law Day, March 2011
Mock Property Class, Rutgers Dean’s Law Day, March 2011
Debate with Steve Tepp, Senior Director of Internet Counterfeiting and Piracy at U.S.
Chamber of Commerce, on Combating Online Infringement and Counterfeits Act,
Philadelphia Bar Association, March 2011
“A Real-World Analysis of Pharmaceutical Settlements: The Missing Dimension of Product-
Hopping,” AALS Antitrust and Economic Regulation panel on pharmaceutical industry,
January 2011
“Pharmaceutical Life Cycle Management Strategies,” New Jersey Intellectual Property Law
Association, December 2010
Overview of Hatch-Waxman Act, Patent Issues, and Other Legal Topics Related to
Pharmaceutical Industry, Cadista Pharmaceuticals, October 2010
“Impact of Copyright Policy on Innovation in the Digital Era” hearings, The National
Academies’ Board on Science, Technology, and Economic Policy (STEP), October 2010
“Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies,” Munich Intellectual
Property Law Center (organized in conjunction with Max Planck Institute), June 2010
“Pharmaceutical Patent Settlements,” ACES Educational Summit, May 2010
Panel on Biologics, Settlements, Patent Cliff, Evergreening, and FDA Inspections, ACES
Educational Summit, May 2010
“Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies,” Association for Law,
Property, and Society conference held at Georgetown Law School, March 2010
Michael A. Carrier
Rutgers University School of Law
“Antitrust Concerns and the Pharmaceutical Sector – Pharmaceutical Agreements and
Generic Companies,” Oxford Competition Law & Policy Guest Lecture (organized in
conjunction with the Oxford Intellectual Property Research Centre), February 2010
“Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies,” Cambridge Centre
for Intellectual Property & Information Law LLM Intellectual Property Seminar, February
2010
“Agreements to Delay Entry of Generics in Pharmaceutical Markets,” Bournemouth
University Centre for Intellectual Property Policy and Management Public Seminar Series,
February 2010
“Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies,” London School of
Economics IP and Cultural Property Seminar Series, February 2010
Commentator, Josh Davis paper on pharmaceutical settlements, American Antitrust
Institute Private Antitrust Enforcement Conference, December 2009
“Solving the Drug Settlement Problem: The Legislative Approach,” University of San
Francisco School of Law and American Antitrust Institute: “Lawyers, Drugs and Money:
A Prescription for Antitrust Enforcement in the Pharmaceutical Industry,” September 2009
“Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies,” Ninth Annual
Intellectual Property Scholars Conference, Cardozo Law School (jointly sponsored by
Berkeley, Cardozo, DePaul, and Stanford law schools), August 2009
Panel on “Low-Cost Solutions to Health Care Through Generic Competition,” Center for
American Progress, June 2009
“Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality,” Loyola
Antitrust Colloquium, May 2009
“Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies,” Rutgers University
School of Law-Camden faculty lunch series, April 2009
“Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality,” Rutgers
University School of Law-Camden faculty lunch series, April 2009
“Pioneering Peer-to-Peer and Other Disruptive Dual-Use Technologies,” Rutgers Intellectual
Property Club, April 2009
Faculty Scholarship panel, Dean’s Law Day, April 2009
Rutgers University Career Planning panel, February 2009
Commentary on antitrust papers by Einer Elhauge and Tad Lipsky, George Mason Law
Review’s 12th Annual Symposium on Antitrust Law, December 2008
Michael A. Carrier
Rutgers University School of Law
“Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality,” University
of Pennsylvania Law School seminar on Understanding Business Law Scholarship,
November 2008
“Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality,” Temple Law
School seminar on Advanced Patents, November 2008
“Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality,” Cardozo Law
School faculty colloquium, November 2008
Panel on law school teaching, Rutgers Adjuncts program, November 2008
Patent reform lecture, Rutgers Intellectual Property Club, November 2008
Presidential Election Open Forum, debate with Professor Michael Livingston on 2008
presidential election, Rutgers Journal of Law and Public Policy, October 2008
“Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality,” University of
Minnesota Law School Second Annual Intellectual Property Scholarship Roundtable,
September 2008
Commentary on IP/property papers by Henry Smith, Adam Mossoff, and Scott Kieff, George
Mason/Microsoft conference on Patents and the Commercialization of Innovation, May
2008
“One Year Later: The Antitrust Modernization Commission’s Report and the Challenges that
Await Antitrust,” Participant in NYU Law School roundtable discussion on the Antitrust
Modernization Commission, April 2008
Discussion of Sports Law Issues, Rutgers Sports and Entertainment Law Society, March 2008
“Against Cyberproperty,” IP Scholarship Seminar on “Tangible and Intangible Property,”
Berkeley Center for Law & Technology, UC Berkeley Law School, October 2007
“Two Puzzles Resolved: Of the Schumpeter-Arrow Stalemate and Pharmaceutical Innovation
Markets,” Iowa Innovation, Business, and Law Colloquium, University of Iowa College of
Law, March 2007
“Two Puzzles Resolved: Of the Schumpeter-Arrow Stalemate and Pharmaceutical Innovation
Markets,” AALS Sections on Antitrust and Intellectual Property (joint session), AALS
Annual Meeting (Washington, D.C.), January 2007
“The Propertization of Copyright,” University of Iowa Law School Speaker Series, December
2006
“The Propertization of Copyright,” AALS Workshop on Intellectual Property, AALS Mid-
Year Meeting (Vancouver), June 2006
Michael A. Carrier
Rutgers University School of Law
“Antitrust, the New Economy, and the Antitrust Modernization Commission,” The IP Grab:
The Struggle Between Intellectual Property Rights and Antitrust, Seventh Annual
American Antitrust Institute Conference, June 2006
“Innovation as an Antitrust Shield,” Sixth Annual Loyola Antitrust Colloquium, Loyola
University Chicago School of Law, April 2006
“Innovation as an Antitrust Shield,” Colloquium on Innovation Policy, New York University
School of Law, March 2006
“Intellectual Property Rights and Monopolization: The U.S. Resolution of the Paradox,”
Intellectual Property and Competition Law conference, University of Geneva, February
2006
“Licensing of Intellectual Property Rights: The U.S. Antitrust Approach,” Intellectual
Property and Competition Law conference, University of Geneva, February 2006
“Of Trinko, Tea Leaves, and Intellectual Property,” Intellectual Property Licensing by the
Dominant Firm symposium, DePaul University College of Law, April 2005
Commentator on Shubha Ghosh, “When Exclusionary Conduct Meets the Exclusive Rights
of Intellectual Property,” Fifth Annual Loyola Antitrust Colloquium, Loyola University
Chicago School of Law, April 2005
“Of Trinko, Tea Leaves, and Intellectual Property,” The Antitrust Enterprise conference,
University of Iowa College of Law, April 2005
“Cabining Intellectual Property Through a Property Paradigm,” Intellectual Property
Workshop Series, George Washington University Law School, October 2004
“Cabining Intellectual Property Through a Property Paradigm,” Fourth Annual Intellectual
Property Scholars Conference, DePaul University Law School (jointly sponsored by
Berkeley, Cardozo, and DePaul law schools), August 2004
“Cabining Intellectual Property Through a Property Paradigm,” Rutgers Law School –
Camden, March 2004
“Cabining Intellectual Property Through a Property Paradigm,” First Annual Intellectual
Property and Communications Law and Policy Scholars Roundtable, Michigan State
University College of Law, February 2004
“Cabining Intellectual Property Through a Property Paradigm,” Villanova University School
of Law, February 2004
“Resolving the Patent-Antitrust Paradox Through Tripartite Innovation,” William & Mary
School of Law, November 2003
Michael A. Carrier
Rutgers University School of Law
“Resolving the Patent-Antitrust Paradox Through Tripartite Innovation,” Law & Technology
Lecture Series, Case Western Reserve University Law School, November 2003
Commentator on Avishalom Tor, “Developing a Behavioral Approach to Antitrust Law and
Economics,” Third Annual Loyola Antitrust Colloquium, Loyola University Chicago
School of Law, April 2003
“Resolving the Patent-Antitrust Paradox Through Tripartite Innovation,” AALS Scholars
Showcase, ABA Section of Antitrust Law Spring Meeting, April 2003
“Why Antitrust Should Defer to the Intellectual Property Rules of Standard Setting
Organizations: A Commentary on Teece and Sherry,” The Interface Between Antitrust
Law and Intellectual Property Law symposium, University of Minnesota Law School,
February 2003
“Resolving the Patent-Antitrust Paradox Through Tripartite Innovation,” Second Annual
Intellectual Property Scholars Conference, Benjamin N. Cardozo School of Law (jointly
sponsored by Berkeley, Cardozo, and DePaul law schools), August 2002
Rutgers Service:
Academic Policy Committee (2015-2016, 2020)
Ad Hoc Departmental Appointments and Promotions Committee (2020)
Ad Hoc Departmental Promotion Committee (2020)
Building Committee (2002-2006)
Career Planning Committee (2013-2015)
Clinical Promotions Committee (2008-2009)
Curriculum Committee (2001-2002)
Dean’s Award for Scholarly Excellence, Ad Hoc Committee (2011)
Faculty Advisor, Junior Faculty Colloquium (2016-2017)
Faculty Ethics Committee (2009-2011)
Non-JD Programs (spring 2018 (chair), 2018-2019)
President’s Recognition Program Committee (2005-2008)
Promotions and Tenure Committee (2006-2015; co-chair, 2012-2013; chair 2019-2020)
RLAW Committee (2011-2013)
Rutgers Computer and Technology Law Journal, Camden advisor (2016-present)
Rutgers Institute for Information Policy & Law (Co-Director, 2010-present)
Scholastic Standing Committee (2002-2005)
Speakers Committee (2005-2006)
School of Business Dean Search Committee (2009-2010)
Michael A. Carrier
Rutgers University School of Law
External Service:
2020 Biden-Harris campaign (assist on policy issues)
ABA Antitrust Section Presidential Transition Task Force 2016
Chair, Intellectual Property Section; Member, Healthcare/Pharmaceuticals Section
Academic Steering Committee, Antitrust Writing Awards (sponsored by Concurrences
Review and George Washington University Law School) (2015, 2016, 2019)
American Antitrust Institute (AAI) – Board of Advisors (2005-present)
Antitrust Law Journal – Contributing Editor (2017-present)
Association of American Law Schools (AALS) – Executive Committee of Antitrust and
Economic Regulation section (2007-2012, Chair 2012)
Oxford University Press, Cambridge University Press, Harvard University Press, Harvard
Law Review, Yale Law Journal, Stanford Law Review, Antitrust Law Journal, New
England Journal of Medicine, Health Affairs, Journal of Competition Law & Economics,
other publications – peer reviewer
PREVIOUS EMPLOYMENT
Covington & Burling, Washington, DC Associate (1996–2000)
Practiced antitrust, intellectual property, sports, and other civil litigation.
Six-month rotation at Neighborhood Legal Services Program.
U.S. Court of Appeals for the Fourth Circuit, The Honorable John D. Butzner, Jr.
Richmond, VA Law Clerk (1995–1996)
U.S. Department of Justice, Antitrust Division (Civil Task Force II) ; Debevoise & Plimpton
(Summer 1995)
Dickstein, Shapiro & Morin; Winston & Strawn (Summer 1994)
Senate Judiciary Committee (Constitution Subcommittee) (Summer 1993)
Michael A. Carrier
Rutgers University School of Law
EDUCATION
University of Michigan Law School, Juris Doctor, cum laude, 1995 (Rank: Top 15%)
Michigan Law Review – Book Review Editor
SCRIBES Note/Comment Writing Competition (for best Note/Comment in country) – Finalist
Helen L. DeRoy Memorial Award (for “best student contribution” to 1994-95 Michigan Law
Review)
Campbell Moot Court Competition – Semifinalist
Yale University, Bachelor of Arts, summa cum laude, 1991 (Distinction in Political Science)
Yale Symphony Orchestra – Principal Percussionist and Soloist
Yale University Dean’s Office – Freshman Counselor
International Forum at Yale – Associate Editor
Andrew D. White Prize in European History – First Place
BAR ADMISSIONS
Washington, D.C.
Maryland
United States Supreme Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Ninth Circuit
