|2022 - Present||Director, Benjamin N. Cardozo School of Law ‐ Intellectual Property and Information Law Program|
|August 2022 - Present||Professor of Law, Benjamin N. Cardozo School of Law|
|July 2016 - Present||Associate Professor, Texas A&M University ‐ College of Engineering|
|July 2015 - Present||Associate Professor of Law, Texas A&M University School of Law|
|2010||LL.M. in Intellectual Property, University of New Hampshire - Main Campus ‐ School of Law|
|2010||J.D., University of New Hampshire - Main Campus ‐ School of Law|
|2004||B.S. in Chemistry, Georgia Institute of Technology|
Benjamin N. Cardozo School of Law
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New York, NY 10003
Articles & Essays (40)
Has the PTAB Made a Difference in Drug Settlements and Generic Entry? Nature Biotechnology (2022)
Legal barriers are preventing generic drug makers from being able to utilize the Patent Trial and Appeal Board for its intended purpose — to serve as a faster and less cumbersome alternative to district court ...
The Truth About Design Patents American University Law Review (2022)
Design patents are hot. Scholars and policymakers are increasingly focusing on this once-niche area of law. However, many of the empirical studies in this area—including old ones that still get cited—were methodologically questionable from the ...
Post-Grant Adjudication of Drug Patents: Agency and/or Court? Articles (2022)
The America Invents Act of 2011 (AIA) created a robust administrative system-the Patent Trial and Appeal Board (PTAB)-that provides a route for challenging the validity of granted patents outside of district courts. Congress determined that ...
Copyright's Administrative Law Journal of the Copyright Society of the U.S.A. (2022)
While a robust body of scholarship considers the regulatory dimensions of patent and copyright, there remains a puzzling absence of writing about copyright’s administrative law. This Article remedies this lacuna in the literature. It begins ...
Constitutional Structure in the Patent Office SSRN (2021)
Agencies in the modern administrative state are no strangers to constitutional attack. However, the Patent Office is a newcomer to such crises and has most recently dodged two. The agency’s decade-old administrative adjudication system was ...
Copyright's Excess: Symposium Foreword Texas A&M Journal of Property Law (2020)
The focal point of this symposium is COPYRIGHT’S EXCESS, Glynn Lunney’s thoughtful and trenchant critique of copyright law’s effects on the U.S. recording industry. Before delving into the book’s contribution and into the chorus of ...
The Normative Molecule: Patent Rights and DNA HYLE – International Journal for Philosophy of Chemistry (2020)
Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and self-determination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the ...
Disguised Patent Policymaking Washington and Lee Law Review (2019)
Patent Office power has grown immensely in this decade, and the agency is wielding its power in predictably troubling ways. Like other agencies, it injects politics into its decisions while relying on technocratic justifications. It ...
The Mixed Case for a PTAB Off-Ramp Chicago-Kent Journal of Intellectual Property (2019)
This Essay begins from the emerging agenda in the political branches for reforming various aspects of the USPTO Patent Trial and Appeal Board, and focuses on a particular reform: the creation of a PTAB off-ramp ...
The Non-Doctrine of Redundancy Berkeley Technology Law Journal (2019)
This Article explores and evaluates a controversial practice that the Patent Office undertook beginning early in the post-AIA regime, the practice of denying otherwise meritorious requests for review because of what the Office termed "redundant" ...
Response to the Request for Comments and Notice of Public Hearings on the Report Required by the SUCCESS Act of 2018 SSRN (2019)
We the undersigned law students and law professor offer this response to the USPTO’s request for comments on studying and promoting the participation of underrepresented demographic groups in the U.S. patent system. We write based ...
The Porous Court-Agency Border in Patent Law Akron Law Review (2018)
The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for ...
When Can the Patent Office Intervene in its Own Cases? New York University Annual Survey of American Law (2018)
The rise of administrative patent validity review since the America Invents Act has rested on an enormous expansion of Patent Office authority. A relatively little-known aspect of that authority is the agency's statutory ability to ...
Response to the Proposed Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board University of Illinois College of Law Legal Studies Research Paper (2018)
We the undersigned professors of law and economics offer this comment on the USPTO’s notice of proposed rulemaking to change how the Patent Trial and Appeal Board will construe patent claims in its administrative trial ...
The Field of Invention Hofstra Law Review (2017)
Federal courts can ill afford to ignore, assume, or improvise a pervasively important administrative power that the Patent Office exercises regularly and effectively: technology classification. This agency-court asymmetry has persisted for decades but has now ...
Strategic Decision Making in Dual PTAB and District Court Proceedings Berkeley Technology Law Journal (2016)
The post-grant review proceedings set up at the U.S. Patent and Trademark Office’s Patent and Trial Appeal Board by the America Invents Act of 2011 have transformed the relationship between Article III patent litigation and ...
The Youngest Patent Validity Proceeding: Evaluating Post-Grant Review Texas Intellectual Property Law Journal (2016)
Of the three major ex post patent validity challenge mechanisms that the 2011 Leahy-Smith America Invents Act put into place, the third is beginning to show signs of use. Post-grant review is an administrative proceeding ...
Comment to the SEC in Support of the Enhanced Disclosure of Patent and Technology License Information Faculty Scholarship (2016)
Intangible assets like IP constitute a large share of the value of firms, and the US economy generally. Accurate information on the intellectual property (IP) holdings and transactions of publicly-traded firms facilitates price discovery in ...
The USPTO Patent Pro Bono Program Cybaris: An Intellectual Property Law Review (2015)
In recent years, the United States Patent and Trademark Office has systematically been engaging the legal community with inventor assistance beyond the agency’s usual business of examining applications for patents and trademarks. The purpose of ...