Wednesday, September 11, 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 (and I'm happy to be at #4!):
  1. Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate, by Yochai Benkler et al. ("9,757 stories relevant to the COICA-SOPA-PIPA debate from September 2010 through the end of January 2012 .... support[] an optimistic view of the potential for networked democratic participation...")
  2. The Fair Use Doctrine in the United States — A Response to the Kernochan Report, by Gwen Hinze, Peter Jaszi & Matthew Sag (submission to the Australian Law Reform Commission in response to proposal to replace specific exceptions in Australian Copyright Act with open-ended fair use exception)
  3. Chinese University Patents: Quantity and Quality, 1985–2010, by Christian Fisch, Jorn Block & Philipp Sandner (descriptive statistics of 150,000 patent families from 158 Chinese universities from 1985-2010)
  4. Patent Experimentalism, by Lisa Larrimore Ouellette ("Many scholars have wrestled with what I call the 'first-order question' in patent law: What policies should we adopt to promote innovation? This article grapples with the second-order question: What policies should we adopt to promote innovation about promoting innovation?")
  5. Why Do Juries Decide If Patents are Valid?, by Mark Lemley ("[T]he [Supreme] Court is unlikely to find a constitutional right to jury trial on issues of patent validity, and certainly not the broad right of the sort that is now common practice.")
  6. Strategic Patent Acquisitions, by Fiona Scott Morton & Carl Shapiro ("We report data on patent litigation activity initiated by patent assertion entities and discuss the tactics used by these entities to monetize the patents they acquire.")
  7. Predatory Patent Litigation, by Erik N. Hovenkamp ("[P]otential [patent] defendants can do better by forming a litigation cost-sharing agreement: a contractual agreement that divides a member's defense costs among the group when the plaintiff is a PAE, and which requires members to litigate predatory claims to judgment.")
  8. The Failed Promise of User Fees: Empirical Evidence from the United States Patent and Trademark Office, by Michael Frakes & Melissa F. Wasserman ("[T]his paper draws on novel patent-processing data and presents evidence suggesting that the PTO will attempt to maintain as much aggregate application throughput as it can during times of financial strain by prioritizing the examination of applications within those technologies that cost the PTO the least to review.")
  9. Enabling Patentless Innovation, by Clark D. Asay ("This Article disaggregates open innovation communities and assesses the actual risks that patents pose to different categories of participants in open innovation communities.")
  10. Why Technology Customers Are Being Sued En Masse for Patent Infringement & What Can Be Done, by Colleen V. Chien & Edward Reines ("In this article we explain the motives, opportunistic and legitimate, behind these [patent litigation] demands [on customers], the harm they pose, and what can be done. To do this we draw from numerous sources – including surveys of in-house and outside counsel and our own experience litigating.")

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