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Monday, June 27, 2016

Can You Induce Yourself to Infringe?

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The Supreme Court granted certiorari in Life Tech v. Promega Corp. today to resolve an interesting conundrum of statutory interpretation hav...
Thursday, June 23, 2016

Cuozzo v. Lee and the Potential for Patent Law Deference Mistakes

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I wrote a short post on Monday's decision in Cuozzo v. Lee for Stanford's Legal Aggregate blog, which I'm reposting here. My c...
Monday, June 20, 2016

Cuozzo: So Right, Yet So Wrong

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The Supreme Court issued its basically unanimous opinion in Cuozzo today. I won't give a lot of background here; anyone taking the time...
Thursday, June 16, 2016

Halo v. Pulse and the Increased Risks of Reading Patents

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I wrote a short post on Monday's decision in  Halo v. Pulse for Stanford's Legal Aggregate blog , which I'm reposting here. ...
Monday, June 13, 2016

On Empirical Studies of Judicial Opinions

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I've always found it odd that we (and I include myself in this category) perform empirical studies of outcomes in judicial cases. There...
Friday, June 10, 2016

Patent Damages Conference at Texas Law

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Numerous patent academics, practitioners, and judges gathered in Austin at the University of Texas School of Law yesterday and today for a c...
Tuesday, June 7, 2016

Does Europe Have Patent Trolls?

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There have been countless articles—including in the popular press—about the problems (or lack thereof) with "patent trolls" or ...
Tuesday, May 31, 2016

Rachel Sachs: Prizing Insurance

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If anyone is looking for a clear and comprehensive review of the ways in which patents can distort investment in innovation, as well as a su...
Friday, May 27, 2016

Thoughts on Google's Fair Use Win in Oracle v. Google

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It seems like I write a blog post about Oracle v. Google every two years. My last one was on May 9, 2014, so the time seems right (and a fai...
Thursday, May 19, 2016

Galasso & Schankerman on the Effect of Patent Invalidation on Subsequent Innovation by the Patentee

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In a paper previously featured on this blog , economists Alberto Galasso (Toronto School of Management) and Mark Schankerman (London School ...
Monday, May 16, 2016

Rules, Standards, and Change in the Patent System (Keynote Speech Transcript)

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Last weekend I was honored to give the keynote speech at the Giles S. Rich Inn of Court annual dinner held at the Supreme Court. It was a gr...
Wednesday, May 11, 2016

Buccafusco, Heald & Bu: Do Pornographic Knock-offs Tarnish the Original Work?

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Trademark law provides a remedy against "dilution by tarnishment of [a] famous mark" and the extension of copyright term was justi...
Sunday, May 8, 2016

Jotwell Post: Is It Time To Overrule the Trademark Classification Scheme?

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As I've noted before , Jotwell is a great way to keep up with interesting recent scholarship in IP and other areas of law. My latest Jo...
Tuesday, May 3, 2016

[with Colleen Chien] Recap of the Berkley Software IP Symposium

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Slides and papers from the 20th Annual Berkeley Center for Law and Technology/Berkeley Technology Law Journal Symposium - focused on IP and...
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 ...