SelectedWorks - Daryl Lim

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Selected Works of Daryl Lim

H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; and co-hire, Institute for Computational and Data Sciences, Penn State University

Website: lawdaryl.com
CV: https://bit.ly/3RuIbI4 

Professor Lim is an award-winning author, observer, and commentator of global trends in IP and competition policy, and how they influence and are influenced by law, technology, economics, and politics. 
 

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About Daryl Lim

Website: lawdaryl.com
CV: https://bit.ly/3RuIbI4 

Professor Lim is an award-winning author, observer, and commentator of global trends in IP and competition policy, and how they influence and are influenced by law, technology, economics, and politics. 
 

	Faculty Member, Penn State Dickinson Law
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Law, Antitrust and Trade Regulation, Intellectual Property Law, and Science and Technology Law

IP Survey
Trademark & Copyright Law
IP & Antitrust Law
Antitrust Law
U.S. Patent Law

SSRN

Articles (28)

Trademark Confusion Revealed: An Empirical Analysis, 71 Am. U. L. Rev. 1285 (2022) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2022)

Can Computational Antitrust Succeed?, 1 Stan. Computational Antitrust 38 (2021) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2021)

Computational antitrust comes to us at a time when courts and agencies are underfunded and overwhelmed, all while having to apply indeterminate rules to massive amounts of information in fast-moving markets. In the same way ...

Saving Substantial Similarity, 73 Fla. L. Rev. 591 (2021) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2021)

Substantial similarity, an analysis of the similarity between two works, is the fulcrum of copyright infringement. Recent cases involving Led Zeppelin's signature song “Stairway to Heaven,” the award-winning movie “The Shape of Water,” and Google ...

Substantial Similarity’s Silent Death, 48 Pepp. L. Rev. 713 (2021) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2021)

The (Unnoticed) Revitalization of the Doctrine of Equivalents, 95 St. John's L. Rev. 65 (2021) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2021)

The Influence of Alice: A Response to Jay P. Kesan & Runhua Wang’s Eligible Subject Matter at the Patent Office: An Empirical Study of the Influence of Alice on Patent Examiners and Patent Applicants, 105 Minn. L. Rev. Headnotes 345 (2021) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2021)

Predictive Analytics (Daryl Lim) Loyola University Chicago Law Journal (2019)

“Predictive Analytics” blends the latest research in behavioral economics with artificial intelligence to address one of the most important legal questions at the heart of intellectual property law and antitrust law – how do courts ...

Bridges II: The Law-STEM Alliance & Next Generation Innovation (David L. Schwartz, Leslie Oster, Devin R. Desai, et al.) NULR Online (2018)

AI & IP Innovation & Creativity in an Age of Accelerated Change, 52 Akron L. Rev. 813 (2018) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2018)

From a glimmer in the eye of a Victorian woman ahead of her time, AI has become a cornerstone of innovation that “will be the defining technology of our time.” Around 2016, the convergence of ...

Biologics as the New Antitrust Frontier: Reflections, Riposte, and Recommendations, 2018 U. Ill. L. Rev. Online 209 (2018) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2018)

I Dissent: The Federal Circuit's "Great Dissenter," Her Influence on the Patent Dialogue, and Why It Matters (Daryl Lim) Vanderbilt Journal of Entertainment & Technology Law (2017)

This Article is the first study to comprehensively explore the centrality of the patent dialogue at the Court of Appeals for the Federal Circuit, the nation's principal patent court from empirical, doctrinal, and policy perspectives. ...

Retooling the Intellectual Property-Antitrust Intersection: Insights from Behavioral Economics, 69 Baylor L. Rev. 124 (2017) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2017)

This Article argues that courts should operationalize insights offered by behavioral economics in developing jurisprudence at the patent-antitrust interface.

Living with Monsanto, 2015 Mich. St. L. Rev. 559 (2015) (Daryl Lim) Michigan State Law Review (2015)

Bowman v. Monsanto Co. signaled the end of an era of seed saving. Farmers must buy new seed for replanting or risk patent infringement. The familiar rhetoric of oppressed farmers belies the fact that Monsanto’s ...

Standard Essential Patents, Trolls, and the Smartphone Wars: Triangulating the End Game (Daryl Lim) Dickinson Law Review (1908-2003) (2014)

Few legal issues in recent years have captured the public's attention more powerfully than litigation over standard essential patents ("SEPs"). This Article explains how SEP litigation overlaps with two other major centers of patent litigation-litigation ...

Patent Misuse and Antitrust: Rebirth or False Dawn?, 20 Mich. Telecomm. & Tech. L. Rev. 299 (2014) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2014)

This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing ...

Reverse Payments: Life After Actavis, 45 Int'l Rev. Int. Prop. & Competition L. 1 (2014) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2014)

Self-Replicating Technologies and the Challenge for the Patent and Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2013)

Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, ...

Life After Bowman: Monsanto's Win and the Future of Seeds (Daryl Lim) Agriculture and Food Committee Newsletter (A.B.A. Sec. of Antitrust Law) (2013)

Monsanto and Farmers: How 1-0 Can Spell Win-Win (Daryl Lim) Committee on Agriculture Management Newsletter (A.B.A. Sec. of Environment, Energy, and Resources) (2013)

Rebooting the Bean: Genetically Modified Seeds and the Antitrust-patent Interface (Daryl Lim) Agriculture and Food Committee Newsletter (A.B.A. Sec. of Antitrust Law) (2012)

Misconduct in Standard Setting: The Case for Patent Misuse, 51 IDEA 559 (2011) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2011)

Post-eBay: A Brave New World?, 10 Eur. Intell. Prop. Rev. 483 (2010) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2010)

Beyond Microsoft: Intellectual Property, Peer Production and the Law’s Concern with Market Dominance. (Daryl Lim) Fordham Intellectual Property, Media and Entertainment Law Journal (2007)

Copyright under Siege: An Economic Analysis of the Essential Facilities Doctrine and the Compulsory Licensing of Copyrighted Works, 17 Alb. L.J. Sci. & Tech. 481 (2007) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2007)

Re-defining Rights and Responsibilities of Database Owners under Competition Law, 18 Singapore Acad. L. J. 418 (2006) (Daryl Lim) UIC Law Open Access Faculty Scholarship (2006)