|Present||Professor of Law and Director, Center for Intellectual Property, Information & Privacy Law, John Marshall Law School|
- IP Survey
- Trademark & Copyright Law
- IP & Antitrust Law
- Antitrust Law
- U.S. Patent Law
315 South Plymouth Court
Chicago, Illinois 60604
Recent Works (2)
Patent Misuse and Antitrust: Empirical, Doctrinal and Policy Perspectives (2013)
This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is ...
I Dissent: The Federal Circuit’s “Great Dissenter,” Her Influence on the Patent Dialogue, and Why It Matters, 19 Vand. J. Ent. & Tech. 873 (2017) Faculty Scholarship (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) 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) 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 ...
Patent Misuse and Antitrust: Rebirth or False Dawn?, 20 Mich. Telecomm. & Tech. L. Rev. 299 (2014) 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 ...
Standard Essential Patents, Trolls, and the Smartphone Wars: Triangulating the End Game, 119 Penn St. L. Rev. 1 (2014) Faculty Scholarship (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 ...
Self-Replicating Technologies and the Challenge for the Patent and Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013) 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, ...
Regulating Access to Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006) Faculty Scholarship (2006)
It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope ...