Most-Cited IP Law Articles Published in the Last 10 Years

Guest Post by Ted Sichelman, University of San Diego School of Law 

(A description of the methodology used to construct these lists follows the tables.)

Intellectual Property (All) (2005-2009) 

Rank	Cites	Author(s)	Title	Journal
1	423	Lemley, Mark A.	Property, Intellectual Property, and Free Riding [article]	83 Tex L. Rev. 1031 (2005)
2	322	Lemley, Mark A.; Shapiro, Carl	Patent Holdup and Royalty Stacking [article]	85 Tex. L. Rev. 1991 (2007)
3	232	Frischman, Brett M.; Lemley, Mark A.	Spillovers [comments]	107 Colum. L. Rev. 257 (2007)
4	195	Gibson, James	Risk Aversion and Rights Accretion in Intellectual Property Law [article]	116 Yale L.J. 882 (2007)
5	181	Raustiala, Kal; Sprigman, Christopher	Piracy and Paradox: Innovation and Intellectual Property in Fashion Design, The [article]	92 Va. L. Rev. 1687 (2006)
6	176	Beebe, Barton	Empirical Study of U.S. Copyright Fair Use Opinions, 1978-2005, An [article]	156 U. Pa. L. Rev. 549 (2008)
7	162	McKenna, Mark P.	Normative Foundations of Trademark Law, The [article]	82 Notre Dame L. Rev. 1839 (2007)
8	147	Parchomovsky, Gideon; Wagner, R. Polk	Patent Portfolios [article]	154 U. Pa. L. Rev. 1 (2005)
9	144	Samuelson, Pamela	Unbundling Fair Uses [article]	77 Fordham L. Rev. 2537 (2009)
10	139	Moore, Kimberly A.	Markman Eight Years Later: Is Claim Construction More Predictable [article]	9 Lewis & Clark L. Rev. 231 (2005)
11	138	Schwartz, David L.	Practice Makes Perfect - An Empirical Study of Claim Construction Reversal Rates in Patent Cases [article]	107 Mich. L. Rev. 223 (2008)
11	138	Smith, Henry E.	Intellectual Property as Property: Delineating Entitlements in Information [article]	116 Yale L.J. 1742 (2007)
13	133	Golden, John M.	Patent Trolls and Patent Remedies [comments]	85 Tex. L. Rev. 2111 (2007)
14	130	Beebe, Barton	Empirical Study of the Multifactor Tests for Trademark Infringement, An [article]	94 Cal. L. Rev. 1581 (2006)
15	124	Hemphill, C. Scott	Paying for Delay: Pharmaceutical Patent Settlement as a Regulatory Design Problem [article]	81 N.Y.U. L. Rev. 1553 (2006)
17	123	Nard, Craig Allen; Duffy, John F.	Rethinking Patent Law's Uniformity Principle [article]	101 Nw. U. L. Rev. 1619 (2007)
16	121	Lemley, Mark A.; Weiser, Philip J.	Should Property or Liability Rules Govern Information [article]	85 Tex. L. Rev. 783 (2007)
17	115	Lichtman, Doug; Lemley, Mark A.	Rethinking Patent Law's Presumption of Validity [article]	60 Stan. L. Rev. 45 (2007)
17	115	Dogan, Stacey L.; Lemley, Mark A.	Merchandising Right: Fragile Theory or Fait Accompli, The [article]	54 Emory L.J. 461 (2005)
19	113	Benjamin, Stuart Minor; Rai, Arti K.	Who's Afraid of the APA - What the Patent System Can Learn from Administrative Law [article]	95 Geo. L.J. 269 (2007)
19	113	Sunder, Madhavi	IP3 [article]	59 Stan. L. Rev. 257 (2006)
21	111	Samuelson, Pamela; Wheatland, Tara	Statutory Damages in Copyright Law: A Remedy in Need of Reform [article]	51 Wm. & Mary L. Rev. 439 (2009)
22	110	Goldman, Eric	Deregulating Relevancy in Internet Trademark Law [article]	54 Emory L.J. 507 (2005)
23	107	McDonough, James F, III	Myth of the Patent Troll: An Alternative View of the Function of Patent Dealers in an Idea Economy, The [comments]	56 Emory L.J. 189 (2006)
24	106	Bone, Robert G.	Hunting Goodwill: A History of the Concept of Goodwill in Trademark Law [article]	86 B.U. L. Rev. 547 (2006)
25	103	Graham, Stuart J.H.; Merges, Robert P.; Samuelson, Pam; Sichelman, Ted	High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey [article]	24 Berkeley Tech. L.J. 1255 (2009)
25	103	Balganesh, Shyamkrishna	Foreseeability and Copyright Incentives [article]	122 Harv. L. Rev. 1569 (2009)

Most Cited IP Law Articles over the Last 10 Years

Guest Post by Ted Sichelman, University of San Diego School of Law

Recently, I undertook a project at my law school to assess the impact of our faculty’s publications. Building off of this work, I put together lists of the most cited IP law articles over the last decade (using HeinOnline).

Below are the most cited IP articles published from 2004-2008 and 2009-2013 (with embedded HeinOnline links to the articles). I report the top 25 most-cited IP articles published in each time period as well as the top 20 most-cited articles (with a minimum of 20 citations) in copyright, patent, trademark, and trade secret law.

IP programs ranked by h-index and m-index

Everyone seems to love new rankings! Inspired by Dan Burk's lists of IP scholars by h-index and m-index, Christopher Yoo (Penn Law) calculated cumulative h-index and m-index rankings by school. He thought the results might of interest to Written Description readers. I'm posting them because I think they have some value in identifying schools with a strong commitment to IP scholarship, although I don't recommend relying on these rankings when choosing a school (nor, for that matter, do I recommend relying on US News IP or Law Street or Patently-O or any other numerical ranking).

Top 32 Experienced IP Scholars by (m)-index

After Dan Burk calculated the top IP scholars by h-index using Scholarometer, several scholars suggested to him that it would be interesting to normalize the results by seniority (because the h-index has a known seniority bias). Some bibliometricians have done this by using the m-index: the h-index over the years since the first publication. Because many legal scholars publish an early law review note well before beginning their academic careers in earnest, Burk decided to use a modified m-index: the h-index over the years in full-time law teaching.

Top 31 IP scholars by h-index

Scholarometer is a citation-analysis tool developed by researchers at Indiana University Bloomington. It mines Google Scholar data to generate a scholar's h-index: the maximum number of articles h such that each has received at least h citations. (It also computes the h_s-index, which normalizes an h-index by the discipline average, which is 14.8 for law.)

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!):

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 (with notes about the ones that were not on last month's list):

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:

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. Money from Music: Survey Evidence on Musicians’ Revenue and Lessons About Copyright Incentives, by Peter C. DiCola (see my last most-downloaded post for links)
2. The Federal Circuit's New Obviousness Jurisprudence: An Empirical Study, by Jason Rantanen (Jason posted about this on Patently-O)
3. Orphan Works and the Search for Rightsholders: Who Participates in a 'Diligent Search' under Present and Proposed Regimes?, by David R. Hansen, Gwen Hinze, Jennifer M. Urban (see description by Dave Hasen here)
4. Leistungsschutzrecht für Presseverlage: Müsste Google wirklich zahlen? – eine kartellrechtliche Analyse (Ancillary Copyright Law for News Publishers: Would Google Really Have to Pay? – An Antitrust Law Analysis), by Christian Kersting, Sebastian Dworschak (still at #4, just like last month)
5. A Case for the Public Domain, by Clark D. Asay (argues for public domain approach rather than "copyleft" open licenses)
6. The Invention of an Investment Incentive for Pharmaceutical Innovation, by Shamnad Basheer (advocates an optional "investment protection" regime for drug development, which is similar to prize proposals like the Health Impact Fund except that the government-determined reward is based on a variable-length guaranteed market exclusivity)
7. The HOB-Vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products, by Alberto Alemanno
8. 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)
9. Ten Years of DG Competition Effort to Provide Guidance on the Application of Competition Rules to the Licensing of Standard-Essential Patents: Where Do We Stand?, by Damien Geradin
10. Fixing Software Patents, by Eric Goldman (nice essay written in connection with Santa Clara "Solutions to the Software Patent Problem" conference; also see my recap here)

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. How the JPML Can Benefit from the Federal Circuit and Vice-Versa, by Christopher Paul Nofal (discussed on Written Description)
2. Money from Music: Survey Evidence on Musicians’ Revenue and Lessons About Copyright Incentives, by Peter C. DiCola (discussed on Techdirt, Duane Morris's blog, World IP Review, RT, Music Business Research, The Trichordist, etc.)
3. The Google Shortcut to Trademark Law, by Lisa Larrimore Ouellette (discussed on Eric Goldman's Technology & Marketing Law Blog)
4. Leistungsschutzrecht für Presseverlage: Müsste Google wirklich zahlen? – eine kartellrechtliche Analyse (Ancillary Copyright Law for News Publishers: Would Google Really Have to Pay? – An Antitrust Law Analysis), by Christian Kersting & Sebastian Dworschak (concludes that Google does not have antitrust obligation to index and display publishers' content if new law protected snippets ... but note that the paper is in German)
5. Patent Assertion Entities, by Colleen V. Chien (presentation slides from the DOJ/FTC workshop on PAEs)
6. The Law of Friction, by William McGeveran (analyzes benefits and drawbacks of "frictionless sharing," such as the Washington Post Social Reader automatically publishing users' activities on Facebook)
7. International Jurisdiction over Copyright Infringements in the Cloud, by Toshiyuki Kono & Paulius Jurcys
8. The HOB-Vín Judgment: A Failed Attempt to Standardise the Visual Imagery, Packaging and Appeal of Alcohol Products, by Alberto Alemanno
9. The Fashion of TV Show Formats, by Stefan Bechtold (discusses why the TV show format market is thriving despite low IP protection)
10. Top Tens in 2012: Patent, Trademark, Copyright and Trade Secret Cases, by Stephen M. McJohn

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:

Top 10 New IP Paper Downloads

Colleen Chien still tops the list of the most downloaded IP papers that were posted on SSRN in the past 60 days:

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:

Top 10 New IP Paper Downloads

What are the most downloaded IP papers that were posted on SSRN in the past 60 days?

Phillips & Yoo: Faculty Citation Rankings

Who are the most-cited IP/cyberlaw profs at the top 16 law schools? James Phillips (JSP student at Berkeley) and John Yoo (Berkeley) recently posted The Cite Stuff: Inventing a Better Law Faculty Relevance Measure on SSRN. Using Brian Leiter's methodology for finding citation counts in law reviews, the authors calculated citation counts for professors at the top 16 schools in U.S. News's academic peer rankings. They calculated a per professor per year average by adding all citations for the faculty and dividing by the number of years of experience for the faculty, which they argue reduces bias against young scholars. I am no expert on citation studies, so I will just report the results that might be of the most interest to IP scholars.

Top 10 Law Professors in IP/Cyberlaw at Top-16 Schools

1. Mark Lemley (Stanford)
2. Katherine Strandburg (NYU)
3. Robert Merges (Berkeley)
4. Oskar Liivak (Cornell)
5. Julie Cohen (Georgetown)
6. Yochai Benkler (Harvard)
7. Margaret Radin (Michigan)
8. Jane Ginsburg (Columbia)
9. John Thomas (Georgetown)
10. Rebecca Eisenberg (Michigan)

Top 5 Law Schools in IP/Cyberlaw

1. Harvard (Benkler, Lessig)
2. Stanford (Lemley)
3. NYU (Strandburg)
4. Georgetown (Cohen, Thomas)
5. Michigan (Radin, Eisenberg)

Remember that these are the "top" schools only in the sense that they have one or two highly-cited faculty, and that this list would change if one of these professors makes a lateral move. For comparison, here is Leiter's list of the most cited IP/cyberlaw professors based on citations from 2000 to 2007, which includes two professors outside the top 16 law schools: Thomas McCarthy (University of San Francisco) and Dan Burk (then at Minnesota, now at Irvine).

Top 10 New IP Paper Downloads

It's time to revisit the list of most downloaded IP papers posted on SSRN in the past 60 days. Wagner and Petherbridge on Phillips and Horowitz on copyright remain popular, but the rest are new. Unsurprisingly, articles related to the Leahy-Smith America Invents Act signed into law on Sept. 16 are starting to show up:

Top 10 New IP Paper Downloads

What are the most downloaded IP papers that were posted on SSRN in the past 60 days? Aside from Bessen's article, the list is entirely new since I posted it in July:

Top 10 New IP Paper Downloads

What are the most downloaded IP papers that were posted on SSRN in the past 60 days? There are five new papers on the list since I posted it last month, though Rantanen & Petherbridge's Therasense article still reigns after having two Patently-O blog posts.

SSRN Patent Professor Rankings

Which patent law professors had the most SSRN downloads in the past year? While there are certainly many problems with using SSRN downloads for rankings, it can still be an informative metric, so I am going to again import a useful series from TaxProf Blog into the IP setting. SSRN's list (login required) was last updated on 6/6/11, and here's a ranking by "Total New Downloads," which tracks "Total downloads for the last 365 days for all the author's papers in the SSRN eLibrary." Inclusion on this list is based on my subjective assessment of whether the person could count as a "patent professor" or "patent scholar" (based on a quick look at his or her SSRN page); if you think I missed someone, please let me know!

Top 10 IP Paper Downloads

Over at TaxProf Blog (which has interesting posts about legal education as well as about tax law), Paul Caron has been posting weekly updates of the Top 5 Recent Tax Paper Downloads. Because I am rarely able to read and review IP papers as fast as they are posted on SSRN, I am going to begin doing the same for the IP papers that received the most SSRN downloads in the past 60 days. This week, I'll list the whole top 10: