Professor Olson is an associate professor at Boston College Law School. He teaches
patents, intellectual property, and antitrust law. Professor Olson researches and writes
primarily in the areas of patent law and copyright. Professor Olson came to Boston
College from Stanford Law School's Center for Internet and Society, where he
researched in patent law and litigated copyright fair use impact cases. 

Before entering academia, Professor Olson practiced as a patent litigator at the law firm
of Kirkland & Ellis LLP. Professor Olson clerked for Judge Jerry Smith of the U.S.
Court of Appeals for the Fifth Circuit. 

Works in Progress

Empirical Study of Concurrent Invention by Industry (2012)

Collecting and analyzing data from patent litigation and interference cases finding invalidity under §102(a) to...

 

Articles

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Rules versus Standards: Competing Notions of Inconsistency Robustness in Patent Law (with Stefania Fusco), Forthcoming Alabama Law Review (2012)

This Article applies a new paradigm from the field of computer science—inconsistency robustness (IR)—in order...

 

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A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws, Vanderbilt Law Review En Banc (2011)

The Supreme Court certified two questions in Golan v. Holder: (1) Does section 514 of...

 

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First Amendment Based Copyright Misuse, William and Mary Law Review (2010)

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse....

 

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First Amendment Interests and Copyright Accomodations, Boston College Law Review (2009)

Copyright law exists to encourage the creation of works of authorship by granting exclusive rights....

 

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Taking the Utilitarian Basis for Patent Law Seriously: The Case for Restricting Patentable Subject Matter, Temple Law Review (2009)

Courts, the Patent Office, and commentators are in vigorous disagreement about what types of innovation...

 

Selected Professional Activities

Removing the Troll from the Thicket: The Case for Enhancing Patent Maintenance Fees in Relation to the Size of a Patent Owner's Non-Practiced Patent Portfolio, PatCon 3, IIT Chicago-Kent College of Law (2013)

Now that the PTO has the power to set fees, this Article proposes a further...

 
The Constitutional Requirement of IP Laws to Promote Progress of Science and Useful Arts, Intellectual Property and the Constitution, University of New Hampshire School of Law (2012)

This paper argues that the IP Clause contains a limitation requiring that IP laws must,...

 
From Federal Common Law to Textualism: The Evolving Interpretation of Patent Cases, Intellectual Property Scholars Conference (2012)

This paper examines the jurisprudence of the Supreme Court (and to a lesser extent, lower...

 
Pondering Patents: First Principles and Fresh Possibilities, University of Houston Law Center's Summer Institute for Intellectual Property & Information Law (2012)
 
From Federal Common Law to Textualism: The Evolving Interpretation of Patent Cases, The Patent Conference (2012)

This paper examines the jurisprudence of the Supreme Court (and to a lesser extent, lower...