Shubha Ghosh: IP Federalism

In his new piece, Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence and IP Federalism, Shubha Ghosh discusses what he sees as the Federal Circuit's inappropriate encroachment on state contract laws respecting intellectual property rights, especially patent rights.  In doing so, Ghosh joins many other scholars in addressing the fascinating topic of IP and federalism, including Mark Lemley, Paul Goldstein, Paul Heald, John Shepard Wiley, Douglas Lichtman, Xuan-Thao Nguyen, Jeanne Fromer, Paul Gugliuzza, and myself.  (Notably, Gugliuzza recently made a similar argument to Ghosh that the Federal Circuit has inappropriately impeded state courts from influencing the patent system with their own laws, blogged on here.)