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The Supreme Court's request for views from the Solicitor General in Ariosa Diagnostics v. Illumina has renewed interest in this nerdy is...

Guest post by Professor Jake Sherkow of New York Law School , who is currently a Visiting Scholar at Stanford Law School . Yesterday, the ...

It's been about two years, so I guess it was about time to write about Oracle v. Google. The trigger this time: in a blockbuster opinion...

Those familiar with my work will know that I am a big fan of utility doctrine. I think it is underused and misunderstood. When I teach abo...

Last Thursday I gave a 25-min recap patent law update to judges and practitioners at the Northern District Practice Program Patent Law Sympo...

Paul Gugliuzza (BU) and Mark Lemley (Stanford) have posted Can a Court Change the Law by Saying Nothing? on the Federal Circuit's many ...

Judge Timothy Dyk of the Federal Circuit has long welcomed the Supreme Court's involvement in patent law—see, e.g., essays in 2008 and ...

I've lost count of the rounds back and forth in Apple v. Samsung. But another opinion issued today, and it was a doozy. When we last le...

In March, I posted about an amicus brief filed by 42 IP profs in Helsinn v. Teva , which argued that contrary to the district court's o...

I've always found it odd that we (and I include myself in this category) perform empirical studies of outcomes in judicial cases. There...

It seems like I write a blog post about Oracle v. Google every two years. My last one was on May 9, 2014, so the time seems right (and a fai...

In a paper previously featured on this blog , economists Alberto Galasso (Toronto School of Management) and Mark Schankerman (London School ...

Mark Lemley and Rob Merges just filed a Federal Circuit amicus brief on behalf of 42 IP professors in Helsinn v. Teva , arguing that the AI...

The Federal Circuit released its en banc decision in Lexmark v. Impression Products this morning, upholding the Mallinckrodt rule that pat...

Even though the Federal Circuit is often called "the patent court," it hears appeals in a wide variety of areas. Statistics on cas...

Last Friday, the Federal Circuit heard en banc argument on whether it should adopt a U.S. rule of international patent exhaustion in Lexmark...

When I read all the briefs for Lexmark v. Impression Products —the en banc Federal Circuit case on patent exhaustion that will be argued Fri...

The Federal Circuit has faced no shortage of criticism in its role as the expert patent court, including frequent Supreme Court reversals an...

I signed onto two amicus briefs last week, both related to the tightening noose of patentable subject matter. Those familiar with my article...

In June 2014, the Supreme Court held in Nautilus v. Biosig that the Federal Circuit's "insolubly ambiguous" test for indefini...