At Syracuse University, I teach courses on patent law, Internet law, and practice
and procedure in the federal courts, and serve as Associate Director of the Center on
Property, Citizenship, and Social Entrepreneurism and Associate Director of the Syracuse
University Institute for the Study of the Judiciary, Politics, and the Media. During a
sabbatical leave from Syracuse University, I served as law clerk to the Hon. Paul F.
Michel, (now-) Chief Judge, United States Court of Appeals for the Federal Circuit, and
have served since January 2005 as a member of the Federal Circuit’s Advisory Council. My
research interests include issues at the intersections of patent law and judicial
procedure, patent law and the media, and patent law and legal ethics. I am currently
studying media coverage of the U.S. patent system and the effects of the evolving
inequitable conduct doctrine on the practice of patent law, and am working on a
reconsidered theory of subject matter conflicts. My publications and forthcoming works
include: 

Inequitable Conduct: A Flawed Doctrine Worth Saving (in progress) 

The United States Patent System in the Media Mirror, 58 Syr. L. Rev. 459 (2008) (with
Blaine T. Bettinger, Ph.D) 

eBay and the Blackberry®: A Media Coverage Case Study, 2 AKRON I.P. J. 1 (2008) (with
Blaine T. Bettinger, Ph.D) 

Power or Prudence: Toward a Better Standard for Evaluating Patent Litigants’ Access to
the Declaratory Judgment Remedy, 41 U.S.F. L. REV. 407 (2007) 

The Ethics of Delaying Prosecution, 53 AM. U. L. REV. 739 (2004) 

Risky Business: The Perils of Representing Competitors, 30 A.I.P.L.A. Q.J. 413 (2002) 

The Inequitable Conduct Doctrine: Lessons from Recent Cases, 84 J. PAT. & TM. OFF.
SOC. 719 (2002) 

Patents Without Paper: Proving a Date of Invention with Electronic Evidence, 36 HOUS. L.
REV. 472 (1999) 

Declaratory Judgment Jurisdiction in Patent Cases: Restoring the Balance Between the
Patentee and the Accused Infringer, 38 B.C.L. REV. 903 (1997) 

Jurisdiction

PDF

Ethics in Intellectual Property Negotiations: Issues and Illustrations, unpublished (2012)

Negotiating – formally or informally – is a characteristic aspect of law practice. The requisite...

 

PDF

Power or Prudence: Which Is It?, ExpressO (2006)

In limiting patent litigants’ access to the declaratory judgment remedy, the U.S. Court of Appeals...

 

Intellectual Property Law

File

Ethics in Intellectual Property Negotiations: Issues and Illustrations, ExpressO (2012)

Negotiating – formally or informally – is a characteristic aspect of law practice. The requisite...

 

PDF

Inequitable Conduct: A Flawed Doctrine Worth Saving, ExpressO (2010)

A growing chorus of voices is calling for reform or even elimination of the doctrine...

 

PDF

eBay and the Blackberry®: A Media Coverage Case Study (with Blaine T. Bettinger) (2008)

Patent owners, potential infringers, and the courts will continue to work through the implications of...

 

PDF

Inequitable Conduct: A Flawed Doctrine Worth Saving (2008)

A growing chorus of voices is calling for reform or even elimination of the doctrine...

 

PDF

The United States Patent System in the Media Mirror (with Blaine T. Bettinger) (2008)

The last several years have witnessed a flurry of transformative patent reform activity. The Supreme...

 

Media

PDF

eBay and the Blackberry®: A Media Coverage Case Study (with Blaine T. Bettinger) (2008)

Patent owners, potential infringers, and the courts will continue to work through the implications of...

 

PDF

The United States Patent System in the Media Mirror (with Blaine T. Bettinger) (2008)

The last several years have witnessed a flurry of transformative patent reform activity. The Supreme...

 

Ethics

PDF

Ethics in Intellectual Property Negotiations: Issues and Illustrations, unpublished (2012)

Negotiating – formally or informally – is a characteristic aspect of law practice. The requisite...