Articles

OpenURL

Fixing Our Broken Patent System, Marquette Intellectual Property Law Review (2010)
 

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Palsgraf, Principles of Tort Law, and the Persistent Need for Common-Law Judgment in IP Infringement Cases, Akron Intellectual Property Journal (2009)

As lawyers, judges and law professors reach retirement age, there is little that we remember...

 

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eBay's Practical Effect: Two Differing Visions, Akron Intellectual Property Journal (2008)

This short paper examines the likely effect of the Court's three opinions on the actual...

 

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Common-Sense (Federal) Common Law Adrift in a Statutory Sea, or Why Grokster was a Unanimous Decision, Santa Clara Computer and High Technology Law Journal (2006)

The very day the Supreme Court rendered its decision in Grokster, commentators on the Lehrer...

 

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Alice in Wonderland Meets the U.S. Patent System, Akron Law Review (2005)

Among the joys of being a professor, as distinguished from practicing law, are the leisure...

 

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Does Lord Darcy Yet Live? The Case against Software and Business- Method Patents, Santa Clara Law Review (2003)

This article takes a different approach. As the juxtaposition of rule and exception in the...

 

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Microsoft as an Antitrust Target: IBM in Software?, Southwestern University Law Review (1996)

Microsoft Corporation, the target of many an antitrust arrow, has its fingers in new technologies....

 

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Trade Dress Protection for Product Configurations: Is There a Conflict with Patent Policy, AIPLA Quarterly Journal (1996)

During the past decade, legal protection for trade dress passed two important milestones. In 1988,...

 

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To Copy or Not to Copy: The Educator's Dilemma, Journal of Law & Education (1990)

This article attempts to make the case for a balance of copyright incentives more favorable...

 

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Trade Secrets in the United States and Japan: A Comparison and Prognosis, Yale Journal of International Law Prognosis (1989)

This article compares trade secret protection in the United States and Japan in light of...

 

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Distilling the Witches' Brew of Fair Use in Copyright Law, University of Miami Law Review (1988)

This Article attempts to distill the witches' brew once again and produce a clearer solution...

 

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Trademark Protection for Industrial Designs, University of Illinois Law Review (1988)

For almost 150 years, the design patent has served as the chief means of protecting...

 

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Trade Secret Law: An Impediment to Trade in Computer Software, Santa Clara Computer & High Technology Law Journal (1985)

This article analyzes the state of the law protecting intellectual property rights in computer software,...

 

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Incentives for People: The Forgotten Purpose of the Patent System, Harvard Journal on Legislation (1979)

Resulting in part from the lack of effective incentives for innovation, the rate of innovation...

 

Books

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Licensing Intellectual Property in the Information Age (with Kenneth L. Port) (2005)

Law casebook.

 

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Licensing of Intellectual Property (1994)

With updates 1 through 24.

 

Unpublished Papers

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Bush v. Boumediene: The Court is Back (2008)

This short article is a follow-up to a piece I wrote two years ago on...