Sunday, April 21, 2013

Top 10 New IP Paper Downloads

Here's an updated list of the most downloaded IP papers that were posted on SSRN in the past 60 days:
  1. The AIA 500 Expanded: Effects of Patent Monetization Entities, by Sara Jeruss, Robin Feldman & Thomas Ewing (this study of 13,000 patent cases over 4 years has gotten lots of press; see press release, Thomson Reuters,, IPWatchdog)
  2. The Securitization of Patents, by Michael Risch (see guest post by author on PatentlyO)
  3. Patent Trolls by the Numbers, by Colleen V. Chien (this is a PDF version of her blog post at PatentlyO)
  4. The Interpretation-Construction Distinction in Patent Law, by Tun-Jen Chiang & Lawrence B. Solum (forthcoming Yale Law Journal; see IPKat blog post)
  5. Rush to Judgment? Trial Length and Outcomes in Patent Cases, by Mark A. Lemley, Jamie Kendall & Clint Martin (based on study of all patent trials over past 11 years, finds juries are more favorable to patentees than judges, length of trial does not affect outcome, and EDTex win rates aren't that different)
  6. What Constitutes a Diligent Search Under Present and Proposed Orphan Work Regimes?, by David R. Hansen, Gwen Hinze & Jennifer M. Urban (describes 4 approaches to defining a diligent search for orphan works: an independent user search standard; user search that is reviewed by an administrative authority; search by collective management organizations; or hybrid approaches with different standards for different uses)
  7. How Copyright Drives Innovation in Scholarly Publishing, by Adam Mossoff (interviews scholarly publishers and describes their investments to show that digital publication does not have zero cost; argues that copyright is still essential even when authors have non-monetary incentives)
  8. Four Things Every Inventor Should Do by March 15, by Max Stul Oppenheimer (too late now, but the 4 things are (1) circle March 15; (2) inventory patentable inventions; (3) talk to patent lawyer; (4) consider filing by March 15)
  9. Functional Claiming and Software Patents, by Colleen V. Chien & Aashish R. Karkhanis (slides showing application of 112(f) as Lemley suggests to 10 PAE patents and 20 control patents)
  10. A Simple Approach to Setting Reasonable Royalties for Standard-Essential Patents, by Mark A. Lemley & Carl Shapiro (proposes that if standard-essential patent owner and implementer of standard cannot agree on licensing terms, patent owner must enter binding arbitration to determine royalty rate, and implementer must make similar commitment on its standard-essential patents)

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