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Wednesday, September 30, 2015

Trade and Tradeoffs: The Case of International Patent Exhaustion

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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...
Sunday, September 27, 2015

Supreme Court To Consider 12 Patent Petitions Monday

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So far, there are zero patent cases (or other IP cases) on the Supreme Court's docket this Term. But tomorrow is the first conference si...
Thursday, September 24, 2015

The Difficulty of Measuring the Impact of Patent Law on Innovation

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I'm teaching an international and comparative patent law seminar this fall, and I had my students read pages 80–84 of my Patent Experime...
Friday, September 18, 2015

The Availability Heuristic and IP

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I'm reading (or more accurately, listening to) Thinking, Fast and Slow , by Daniel Kahneman. The book is an outstanding survey of the ps...
Thursday, September 10, 2015

More Evidence on Patent Citations and Measuring Value

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For years, researchers have used patent citations as a way to measure various aspects of the innovative ecosystem. They have been linked to ...
Tuesday, September 8, 2015

Laura Pedraza-Fariña on the Sociology of the Federal Circuit

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The Federal Circuit has faced no shortage of criticism in its role as the expert patent court, including frequent Supreme Court reversals an...
Friday, September 4, 2015

Nothing is Patentable

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I signed onto two amicus briefs last week, both related to the tightening noose of patentable subject matter. Those familiar with my article...
Friday, August 28, 2015

Dow v. NOVA: Maybe Nautilus Does Matter

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In June 2014, the Supreme Court held in Nautilus v. Biosig that the Federal Circuit's "insolubly ambiguous" test for indefini...
Tuesday, August 25, 2015

Evaluating Patent Markets

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I've been interested in patent markets for some time. In addition to several articles studying NPE litigation, I've written two arti...
Saturday, August 1, 2015

Some Reflections on Localism, Innovation, and Jim Bessen's New Book "Learning by Doing"

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I highly recommend  Jim Bessen's  new book,  Learning by Doing: The Real Connection Between Innovation, Wages and Wealth  (2015), publi...
Thursday, July 30, 2015

Kiesling & Silberg on Incentives for Rooftop Solar

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I've written about innovation policy experimentation and about incentives beyond IP , so I was interested in a new working paper posted...
Monday, July 27, 2015

Rachel Sachs & Becky Eisenberg on Incentives for Diagnostic Tests

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I highly recommend two recently posted articles on declining innovation incentives for diagnostic tests, particularly due to changes in pate...
Thursday, July 23, 2015

The Latest on Biosimilars: The Federal Circuit Holds that the "Patent Dance" Is Optional

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In a previous post, I  discussed a district court decision holding that the process for resolving patent disputes under the Biologics Pri...
Wednesday, July 22, 2015

Several Empirical Studies on Injunctions Post-eBay

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Chris Seaman recently released a draft of his new paper, Permanent Injunctions in Patent Litigation After eBay: An Empirical Study . In the...

Heidi Williams on Measuring the Effect of Patent Strength on Innovation

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When I was in law school, I was surprised (and fascinated) to learn how little scholars actually know about how patent laws affect innovatio...