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Thursday, July 12, 2012

Thomas F. Cotter—An Economic Analysis of Patent Law’s Inequitable Conduct Doctrine

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Does the inequitable conduct doctrine induce an optimal level of disclosure by patentees? In his article An Economic Analysis of Patent Law’...
Monday, July 2, 2012

Tun-Jen Chiang: The Upside Down Inequitable Conduct Defense

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Is the doctrine of inequitable conduct adequately tailored to deter patent fraud? In The Upside Down Inequitable Conduct Defense (forthcomi...
Thursday, June 21, 2012

Christopher R. Leslie: Patent Tying, Price Discrimination, and Innovation

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Do patent tying arrangements diminish incentives for innovation? In his recent article Patent Tying, Price Discrimination, and Innovation , ...
Friday, June 15, 2012

Lemley & McKenna: Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP

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Traditionally, antitrust law has viewed product markets as relatively static domains where products compete solely based on price and qualit...
Tuesday, June 5, 2012

Michael Burstein: Exchanging Information without Intellectual Property

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Are intellectual property rights necessary for robust innovation? In his article, Exchanging Information Without Intellectual Property (for...
Monday, May 21, 2012

Christina Bohannan: Copyright Infringement and Harmless Speech

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Should copyright law be subject to the same harm requirements as other speech-regulating restrictions? In her article, Copyright Infringemen...
Tuesday, May 15, 2012

Rebecca Tushnet - Worth a Thousand Words: The Images of Copyright Law

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Has the textual model of copyright law restricted its ability to properly govern images? In her article Worth a Thousand Words: The Images o...
Wednesday, May 9, 2012

Guest Blogger--David Taylor on Patent Misjoinder

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Many thanks to Sarah Tran for highlighting my most recent scholarship on the Written Description blog yesterday and permitting me the oppor...
Tuesday, May 8, 2012

David Taylor: Patent Misjoinder

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How should district courts interpret the joinder provisions of the America Invents Act? In Patent Misjoinder (forthcoming New York Universi...
Thursday, April 12, 2012

Allison, Tiller, Zyontz, & Bligh: Patent Litigation and the Internet

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Following State Street Bank and now Bilski , certain Internet business methods remain “patentable subject matter” under Section 101 . Given...
Tuesday, April 10, 2012

Sapna Kumar: The Accidental Agency?

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Has the Court of Appeals for the Federal Circuit stripped the Patent Office of its administrative power? Professor Sapna Kumar’s article, T...
Thursday, April 5, 2012

Ted Sichelman: Purging Patent Law of 'Private Law' Remedies

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Do current patent law remedies efficiently promote innovation? In his article Purging Patent Law of ‘Private Law’ Remedies , Professor Ted S...
Tuesday, April 3, 2012

Michael Frakes & Melissa Wasserman – Does Agency Funding Affect Decision Making?: An Empirical Assessment of the PTO’s Granting Patterns

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Does the Patent and Trademark Office's (PTO’s) budgetary structure influence the rate at which patents are granted? In Does Agency Fundi...
Monday, April 2, 2012

Christopher Buccafusco: Making Sense of Intellectual Property Law

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Does the human sensory experience of a product determine whether it is copyrightable or patentable? In his forthcoming article Making Sense ...
Monday, March 26, 2012

Arti Rai – Patent Validity Across the Executive Branch: Ex Ante Foundations for Policy Development

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What can the recent DNA patent controversies teach us about the role of executive agencies in shaping patent policy? In Professor Arti Rai’s...