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Tuesday, November 28, 2017

Some Transparency Into Chinese Patent Litigation

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Despite knowing its growing importance in global IP, I've always kept the Chinese patent system at bay in my research. I primarily focus...
Tuesday, November 21, 2017

Data for the Evergreening Debate

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Pharmaceutical companies would like their blockbuster drug exclusivity to last forever. But patents expire and generics enter the marketplac...
Tuesday, November 14, 2017

What is Essential? Measuring the Overdeclaration of Standards Patents

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Standard essential patents are a relatively hot area right now, and seem to be of growing importance in the academic literature. I find the ...
Sunday, November 12, 2017

Do Machines, and Women, Need a Different Obviousness Standard?

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This blog post addresses two different articles that might at first blush seem to be very different. The first is Ryan Abbott's new arti...
Tuesday, November 7, 2017

Tracking the Sale of Patent Portfolios

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Finding out about patent sales and prices is notoriously difficult, yet critically important for patent valuation. Brian Love (Santa Clara L...
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...