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Tuesday, April 23, 2019

How Does Patent Eligibility Affect Investment?

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David Taylor (SMU) was interested in how patent eligibility decisions at the Supreme Court affected venture investment decisions, so he thou...
Thursday, April 18, 2019

Beebe and Fromer: Study on the Arbitrariness of 2(a) Immoral or Scandalous Refusals

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For those who have not had the pleasure of seeing it, I recommend the fascinating and, honestly, fun, new study by Barton Beebe and Jeanne F...
Thursday, April 11, 2019

What was the "promise of the patent doctrine"?

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What was the "promise of the patent doctrine"?  The short answer is: a controversial doctrine that originated in English law and t...
Tuesday, April 9, 2019

Making Sense of Unequal Returns to Copyright

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Typically, describing an article as polarizing refers to two different groups having very different views of an article. But I read an artic...
Saturday, April 6, 2019

PatCon9 at University of Kansas

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Yesterday and today, the University of Kansas School of Law hosted the ninth annual Patent Conference—PatCon9—largely organized by Andrew To...
Tuesday, April 2, 2019

Why do I blog?

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Friday and Saturday I'll be at PatCon9 at the University of Kansas School of Law. I'll discuss a scholarly work-in-progress with Ja...
Tuesday, March 26, 2019

Trademarking the Seven Dirty Words

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With the Supreme Court agreeing to hear the Brunetti case on the registration of scandalous trademarks, one might wonder whether allowing s...
Saturday, March 23, 2019

Jotwell Review of Frakes & Wasserman's Irrational Ignorance at the Patent Office

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I've previously recommended subscribing to Jotwell to keep up with interesting recent IP scholarship, but for anyone who doesn't, m...
Tuesday, March 19, 2019

The Rise and Rise of Transformative Use

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I'm a big fan of transformative use analysis in fair use law, except when I'm not. I think that it is a helpful guide for determinin...
Tuesday, March 12, 2019

Cicero Cares what Thomas Jefferson Thought about Patents

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 One of my favorite article titles (and also an article a like a lot) is Who Cares What Thomas Jefferson Thought About Patents? Reevaluating...
Tuesday, March 5, 2019

Defining Patent Holdup

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There are few patent law topics that are so heatedly debated as patent holdup. Those who believe in it, really believe in it. Those who don...
Monday, March 4, 2019

Recent Advances in Biologics Manufacturing Diminish the Importance of Trade Secrets: A Response to Price and Rai

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Guest post by Rebecca Weires , a 2L in the J.D./M.S. Bioengineering program at Stanford In their 2016 paper, Manufacturing Barriers to Bio...
Thursday, February 28, 2019

Sue First, Negotiate Later

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Just a brief post this week, as I have a perfect storm of non-work related happenings. So, I'll just say that I'm please to announce...
Monday, February 25, 2019

Jiarui Liu on the Dominance and Ambiguity of Transformative Use

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The Stanford Technology Law Review just published an interesting new copyright article, An Empirical Study of Transformative Use in Copyrig...
Friday, February 22, 2019

Does Administrative Patent Law Promote Innovation About Innovation?

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I am at Texas Law today for a symposium on The Intersection of Administrative & IP Law , and my panel was asked to address the question:...