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Wednesday, July 17, 2019

Pushback on Decreasing Patent Quality Narrative

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It's been a while since I've posted, as I've taken on Vice Dean duties at my law school that have kept me busy. I hope to blog m...
Monday, July 8, 2019

Jacob Victor: Should Royalty Rates in Compulsory Licensing of Music Be Set Below the Market Price?

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Jacob Victor has a remarkable new article on copyright compulsory licenses, forthcoming in the Stanford Law Review . The article boldly wad...
Tuesday, June 18, 2019

Freilich & Ouellette: USPTO should require prophetic examples to be clearly labeled to avoid confusion

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Professor Janet Freilich (Fordham Law) has a fantastic forthcoming law review article, Prophetic Patents , which puts a spotlight on the co...
Monday, May 20, 2019

Inevitable Disclosure Injunctions Under the DTSA: Much Ado About § 1836(b)(3)(A)(i)(1)(I)

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When trade secret law was federalized in 2016, some  commentators and legislators expressed concern that federalization of trade secret la...
Friday, May 17, 2019

Likelihood of Confusion: Is 15% The Magic Number?

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David Bernstein, Partner at Debevoise & Plimpton, gave an interesting presentation yesterday at NYU Law Engelberg Center's " P...
Tuesday, May 14, 2019

The Stanford NPE Litigation Database

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I've been busy with grading and end of year activities, which has limited blogging time. I did want to drop a brief note that the Stanfo...
Friday, May 3, 2019

Fromer: Machines as Keepers of Trade Secrets

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I really enjoyed Jeanne Fromer's new article, Machines as the New Oompa-Loompas: Trade Secrecy, the Cloud, Machine Learning, and Automat...
Wednesday, May 1, 2019

Measuring Patent Thickets

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Measuring the effect of patenting on industry R&D is an age old pursuit in innovation economics. It's hard. The latest interesting a...
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...