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Thursday, October 24, 2019

Response to Similar Secrets by Fishman & Varadarajan

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Professors Joseph Fishman and Deepa Varadarajan have argued trade secret law should be more like copyright law. Specifically, they argue tra...
Tuesday, September 24, 2019

Lucy Xiaolu Wang on the Medicines Patent Pool

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Patent pools are agreements by multiple patent owners to license related patents for a fixed price. The net welfare effect of patent pools i...
Sunday, September 8, 2019

Anthony Levandowski: Is Being a Jerk a Crime?

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Former Google employee Anthony Levandowski was recently  indicted on federal criminal charges of trade secret theft . As reported in the  Lo...
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...