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Tuesday, October 31, 2017

Using Experts to Prove Software Copyright Infringement

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[UPDATE: It turns out that my initial thoughts mirrored EA's here, and that Antonick filed a reply brief. It's interesting enough t...
Sunday, October 29, 2017

Rebecca Wexler on IP in the Criminal Justice System

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The protection of criminal justice technologies with trade secrets is a hot topic. Last Term, the Supreme Court called for the views of the ...
Thursday, October 26, 2017

Virtual Copyright

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I have posted to SSRN a draft of a new book chapter that I've written with my former law partner Jack Russo (Computer Law Group LLP in ...
Tuesday, October 24, 2017

Experiments on Bias in Patent Litigation OR Does Everyone Hate NPEs?

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Lisa has written about the importance of experiments in patents, and I agree. I read about a really good one today. Bernard Chao (Denver La...
Tuesday, October 17, 2017

A Deep Dive on NPE Outcomes

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I glibly commented on a friend's Facebook post last week that "patent troll" academic articles are so passe, despite the growi...
Wednesday, October 11, 2017

The Case for a Patent Box with Strings Attached

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[This post is co-authored with Daniel Hemel , an assistant professor of law at the University of Chicago Law School, and cross-posted at Wha...
Tuesday, October 10, 2017

Patents and Vertical Integration: A Revised Theory of the Firm

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I'm a big fan of Peter Lee's work, and I'm a big fan of theory of the firm work. Imagine my joy upon seeing Prof. Lee's new ...
Sunday, October 8, 2017

Tejas Narechania: Is The Supreme Court Against "Patent Exceptionalism" Or In Favor of "Universality"?

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Tejas Narechania's new paper,  Certiorari, Universality, and a Patent Puzzle , forthcoming in Michigan Law Review argues that a major id...
Tuesday, October 3, 2017

Repealing Patents, Oil States, and IPRs

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If you haven't read any of Chris Beauchamp's (Brooklyn Law) work on patent law and litigation history, you really should. His book, ...
Tuesday, September 26, 2017

How does trade secrecy affect patenting?

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As I mention in my forthcoming book chapter on empirical methods in trade secret research, there's really a dearth of good empirical sc...
Monday, September 25, 2017

What can we learn from variation in patent examiner leniency?

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Studying the effect of granting vs. rejecting a given patent application can reveal little about the ex ante patent incentive (since ex ante...
Monday, September 18, 2017

Tattoos, Architecture, and Copyright

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In my IP seminar, I ask students to pick an article to present in class for a critical style and substance review. This year, one of my stud...

Barton Beebe: Bleistein and the Problem of Aesthetic Progress in American Copyright Law

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Bleistein v. Donaldson Lithographing Co. , is a well-known early  twentieth  century copyright decision of the U.S. Supreme Court. In hi...
Wednesday, September 13, 2017

Tribal Sovereign Immunity and Patent Law

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Guest post by Professor Greg Ablavsky , Stanford Law School In Property, I frequently hedge my answers to student questions by cautioning ...
Monday, September 11, 2017

Reexamining the Private and Social Costs of NPEs

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It's good to be returning from a longish hiatus. I've just taken over as the Associate Dean for Faculty Research; needless to say, i...