The recent antitrust case involving Qualcomm highlights deepening divisions on innovation and how it can be best encouraged. Artificial intelligence and behavioral economics can play a useful role in anchoring these disputes in evidence-based analysis, providing both retrospective studies and predictions, as well as making explicit heuristics and biases in applying the law to regulate innovation. I spoke about this at Texas A&M University (TAMU) School of Law’s 5th annual IP roundtable held on September 27- 28.

The roundtable has provided IP and technology law scholars with an important forum for sharing their research. In fact, as I learned from the roundtable’s founder and convener, Prof. Peter Yu, the roundtable as he conceived it dates back to 2001! It has been several years since I attended. It was good to meet new friends and catch up with more familiar ones from across the U.S. and around the world, including from China, Finland, India, and Australia.

As the world evolves and problems more intermeshed, roundtables like TAMU’s will be increasingly important in helping policymakers and judges find new and creative solutions with the data and independent analysis they need to make informed decisions. Academic research can and should strengthen their capacity for strategic thinking. We have our work cut out for us.