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Wednesday, July 1, 2015

Fiona Scott Morton & Carl Shapiro on the Alignment of Patent Rewards and Contributions

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Fiona Scott Morton (Yale School of Management) and Carl Shapiro (Berkeley School of Business) have posted Patent Assertions: Are We Any Clos...
Monday, June 22, 2015

Supreme Court Affirms Brulotte, but Opens the Door to Creative Licensing

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Just a short note that the court has affirmed Brulotte v. Thys in Kimble v. Marvel Entertainment . The question was a simple one: can a pat...
Tuesday, June 16, 2015

The Past and Future of Functional Claiming...

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As Lisa predicted a couple weeks ago , the Federal Circuit issued a new en banc (11-1) opinion today in Williamson v. Citrix without argume...
Friday, June 5, 2015

Case watch: Is the Federal Circuit revising functional claiming rules in Williamson v. Citrix?

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Last November, the Federal Circuit panel opinion in Williamson v. Citrix held that the district court erroneously construed the limitation ...
Wednesday, June 3, 2015

Do Venture Capitalists Value Patents?

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This is a simple, but important question. Do venture capitalists value patents? You would think the answer is an easy yes based on survey da...
Tuesday, June 2, 2015

Why are many IP contracts contingent?

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At the recent American Law and Economics Association (ALEA) meeting at Columbia, I provided some comments on Intellectual Property Contracts...
Monday, June 1, 2015

Jotwell Post: The PTO Is Not the Only Patent Agency

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Jotwell—the Journal of Things We Like (Lots)—is a terrific way to keep up with interesting recent scholarship. When I created Written Descri...
Thursday, May 28, 2015

Welcome to the Blogosphere: New Private Law

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Harvard Law's John Goldberg and Henry Smith have started a new blog, New Private Law , which already has included a number of posts that...
Monday, May 11, 2015

Fee Shifting and Veil Piercing

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One of the discussion points about the new PATENT Act reform proposal making the rounds is the "reach through" that pierces the c...
Thursday, April 23, 2015

Desperately Seeking Stacking: Guest Post by Jorge Contreras

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In this Guest Post, Jorge Contreras, Associate Professor of Law at the University of Utah College of Law, discusses the lack of reliable so...
Saturday, April 18, 2015

Price and Rai on Biologic Secrecy

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Nicholson Price and Arti Rai just posted  Manufacturing Barriers to Biologics Competition and Innovation , which is forthcoming in the Iowa ...
Monday, April 13, 2015

Do Biosimilar Manufacturers Have To Dance? A District Court Answers “No”

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In 2010, Congress enacted the Biologics Price Competition and Innovation Act (BPCIA) as part of the Affordable Care Act. BPCIA is, in a broa...
Saturday, April 11, 2015

Ryan Holte on the Impact of eBay v. MercExchange

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For anyone looking for recent evidence and analysis of courts' application of ebay v. MercExchange (2006) in the last few years, Ryan H...
Tuesday, April 7, 2015

Patent Examiners with Three Arms Tied Behind Their Backs

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In Patent Asymmetries (forthcoming UC Davis L. Rev.), Sean Seymore (Vanderbilt) explores some of the hurdles patent examiners face when con...
Sunday, April 5, 2015

Lauren Henry: Privacy as "Quasi Property"

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For those interested in the intersection of privacy, property theory, and intellectual property rights, Yale ISP Fellow Lauren Henry has a ...