Category Archives: patent

Reading list: Orly Lobel on employment law as IP law

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property.  Abstract: Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific methods, and technological advances – … Continue reading

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NPR story on apple varieties and TM as substitute for patent

The story suggests that control over new varieties could last forever, instead of expiring as previous patents on new varities have, because the varieties are “trademarked.” Query: if the public knows the apple as SweeTango, why isn’t that word the … Continue reading

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Guest post: Peter DiCola’s notes from Notre Dame roundtable on The Eureka Myth

Jessica Silbey’s _The Eureka Myth_ Book Roundtable at Notre Dame November 7th, 2014 Notes from Peter DiCola *Panel #1* 1) David Schwartz — Praise for the book — Will raise a few methodological issues — Issue of representativeness of the … Continue reading

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Roundtable on Jessica Silbey’s The Eureka Myth

Roundtable on Jessica Silbey’s The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property University of Notre Dame Law School [I was very sorry that I arrived late due to a missed connection the previous night] Second Session: Distribution Models and … Continue reading

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Empirical IP Research Conference, NYU

Plenary Session: How Do Patents Affect Innovation? Facilitator: Katherine Strandburg (NYU) Longer history of empirical work in patent, but still difficulty answering basic question of effect on innovation. In 1958, economist Fritz Machlup famously concluded that “none of the empirical … Continue reading

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Mark Lemley is our king

But then, you knew that anyway.  Here, have a list of the most cited IP articles over the past ten years, compiled with diligent effort by Ted Sichelman.  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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SCIPR: statistics and preview of next Term

Supreme Court Analytics on the Past Term Professor Edward Lee, IIT Chicago-Kent College of Law Professor David Schwartz, IIT Chicago-Kent College of Law Small sample!  6 patent cases from Fed. Cir., 5 reversed and 1 affirmed; 2 reversals in © … Continue reading

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SCIPR: patents (Alice/Nautilus)

Alice Corp. v. CLS Bank (Patentable subject matter of software-related inventions) Nautilus v. Biosig Instruments (Patent indefiniteness) Moderator: Thomas Pasternak, Partner, Steptoe & Johnson LLP Panelists: Constantine Trela, Jr., Counsel to Alice Corp.; Partner, Sidley Austin LLP: Alice: We know … Continue reading

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SCIPR: David Kappos keynote

Keynote Lecture: “Stalemate or Statesmen? What Is Needed to Move Forward Constructively with the Balancing of America’s IP System” Speaker: David Kappos, Partner, Cravath, Swaine & Moore We’ve demonstrated ability to achieve stalemate. Not likely to change unless we step … Continue reading

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SCIPR, patents (Limelight/Medtronic)

(Ed. note: as is clear from my notes, I have a somewhat Gingerly approach to patent law. My apologies for any inaccuracies.) Limelight Networks v. Akamai Technologies (Induced infringement when defendants have not directly infringed.) Medtronic v. Mirowski Family Ventures, … Continue reading

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