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...

 
Against the Prospect Theory of Patents: How the Costs of Communicating Technical Information Interact with the Prospect Feature of Patent Law to Decrease Commercialization of Innovation, Works in Progress Intellectual Property Colloquium (2012)

Consideration of recent research on the costs of commercializing technical information leads to a policy...

 
Rules versus Standards: Competing Notions of Inconsistency Robustness in the Supreme Court and Federal Circuit, Franklin Pierce Center for Intellectual Property Academic Conference (2011)

This Article applies a new paradigm from the field of computer science—Inconsistency Robustness Theory (IRT)—in...

 
Rules versus Standards: Competing Notions of Inconsistency Robustness in the Supreme Court and Federal Circuit, Inconsistency Robustness 2011 (2011)

This Article applies a new paradigm from the field of computer science—Inconsistency Robustness Theory (IRT)—in...

 
The Common Law of Patentable Subject Matter, The Patent Conference, University of Kansas Law School, Boston College Law School, University of San Diego Law School (2011)

This Article argues that the correct way to interpret the patentable subject matter section of...

 
The Common Law of Patentable Subject Matter, New England Junior Scholars Conference, New England Junior Scholars Association (2011)

This Article argues that the correct way to interpret the patentable subject matter section of...

 
Empirical Study of Dissemination of Invention Information in the Patent System, Fifth Annual Conference on Empirical Legal Studies (2010)

Empirical Study of how patent system disseminates information on invention and effectiveness by industry and...

 
Empirical Study of Dissemination of Information via the Patent System, Edward D. Manzo Scholars in Patent Law Seminar (2010)
 
Bilski’s Aftermath: Software, Business Methods and Abstract Ideas, Patentable Subject Matter: 35 U.S.C. § 101 Conference (2010)

Argued that § 101 of the Patent Act governing patentable subject matter should be interpreted...

 
Empirical Study of Dissemination of Information via the Patent System, 10th Annual Intellectual Property Scholars Conference (2010)

Empirical Study of how patent system disseminates information on invention and effectiveness by industry and...

 
Empirical Study of Dissemination of Information via the Patent System, New England Junior Law Faculty Conference (2010)
 
Presented paper: First Amendment Challenges to Copyright Laws, Boston College Law Review Symposium: Intellectual Property and the First Amendment (2009)
 
Presented paper: Toward a First Amendment Based Copyright Misuse, University of Cincinnati Law School Faculty (2009)
 
Some Effects of Earnings Statements, Advertising, Insurance and Patent Law on Drug Development and Marketing, Boston College Law School Intellectual Property Technology Forum (2009)
 
Panelist, Patent Law Double Feature: Declaratory Judgments in Patent Cases after MedImmune and New Local Rule 16.6, The Social Law Library, Boston Patent Law Association, and Massachusetts Lawyers Weekly (2009)
 
Does Your Intellectual Property Need Protecting After Quanta v. LG Electronics?, Boston Patent Law Association Corporate Practice Committee (2008)
 
Intellectual Property Issues in Health Care, Massachusetts College of Pharmacy and Health Sciences (2008)
 
Presented paper: First Amendment Challenges to Copyright, Works-in-Progress Intellectual Property Colloquium (2008)
 
First Amendment Challenges to Copyright, 8th Annual Intellectual Property Scholars Conference (2008)
 
Towards a First Amendment Foundation for Copyright Misuse, Works-in-Progress Intellectual Property Colloquium (2007)
 
Towards a First Amendment Foundation for Copyright Misuse, 7th Annual Intellectual Property Scholars Conference (2007)
 
Shloss v. Joyce and the Case for Expanded Copyright Misuse, The 2007 North American James Joyce Conference (2007)
 
Invited Commentator, Workshop on Commons Theory for Young Scholars, Sponsored by the Max Planck Institute for Research on Collective Goods and the Center for Internet and Society, Stanford Law School (2007)