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Saturday, April 30, 2016

A Trend at Pat Con: Regulating Patents Earlier

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I was thrilled to attend " Pat Con 6"  this year at Boston College, thanks to this year's host David Olson, along with Andrew ...
Thursday, April 28, 2016

Jonathan Masur on Improving Cost-Benefit Analysis at the PTO

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Federal agencies are required to use cost-benefit analysis (CBA) for all "economically significant" regulations—those with an impa...
Tuesday, April 26, 2016

The AIA Is Not a Taking

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I have just published, along with Ben Picozzi, a response to Greg Dolin and Irina Manta's article, Taking Patents . In the response we ...
Wednesday, April 20, 2016

McDowell & Vishnubhakat on the USPTO Patent Pro Bono Program

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Until I came across this new article by Jennifer McDowell (USPTO) and Saurabh Vishnubhakat (Texas A&M) , I'll admit I wasn't awa...
Tuesday, April 12, 2016

Do Non-Compete Agreements Really Impede Innovation?

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I spent my entire practice career in California, representing clients who were, by and large, free to move from company to company due Calif...
Monday, April 11, 2016

Hidden in Plain Sight

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I've posted a draft of my new trade secrets article at SSRN. Here is the abstract: Software developers have long tried to appropriate...
Friday, April 8, 2016

Ben Picozzi on the Role of the Solicitor General in Patent Law

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This is a Guest Post by Ben Picozzi, J.D. Candidate at Yale Law School and Student Fellow at the Information Society Project. Ben discusses ...

What If They Forgot to Record the Super Bowl?

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I've been slow in my blogging due to a heavy semester, though I've got some new posts coming. In the meantime, I have a new post ...
Wednesday, April 6, 2016

Larry Helfer on Access to Medicines

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Readers interested in the social justice concerns described in Monday's post may be interested in a book chapter that was recently post...
Monday, April 4, 2016

Peter Menell on IP and Social Justice

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Professor Peter Menell recently posted a new essay, Property, Intellectual Property, and Social Justice: Mapping the Next Frontier , from a ...
Monday, March 28, 2016

Shyam Balganesh: Causing Copyright

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My last post on computer-generated IP noted my uncertainty about whether AI is making sufficient contributions to be viewed as a creator or...
Saturday, March 26, 2016

Can a Computer Get a Patent?

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Artificial intelligence (AI) has been in the news this week. Yesterday's New York Times story about AI beating a human at Go earlier th...
Thursday, March 24, 2016

Impression Cert Petition Misleads on International Patent Exhaustion Policy

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As expected, Impression Products has petitioned for Supreme Court review of the Federal Circuit's en banc decision on post-sale restric...
Wednesday, March 23, 2016

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

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Guest Post by Ted Sichelman , University of San Diego School of Law  (A description of the methodology used to construct these lists follo...
Monday, March 21, 2016

Douglas Lichtman: Can Courts in Patent Litigation Slow Down?

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In a new essay, Patient Patents: Can certain types of patent litigation be beneficially delayed? , Douglas Lichtman makes a provocative and ...