Category Archives: patent

Reading list: Orly Lobel on employment law as IP law

Posted on November 21, 2014 by rtushnet

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 →

Posted in antitrust, contracts, http://schemas.google.com/blogger/2008/kind#post, patent, reading list | Leave a comment

NPR story on apple varieties and TM as substitute for patent

Posted on November 14, 2014 by rtushnet

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 →

Posted in patent, trademark | Leave a comment

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

Posted on November 10, 2014 by rtushnet

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 →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

Roundtable on Jessica Silbey’s The Eureka Myth

Posted on November 7, 2014 by rtushnet

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 →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

Empirical IP Research Conference, NYU

Posted on October 24, 2014 by rtushnet

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 →

Posted in http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

Mark Lemley is our king

Posted on September 24, 2014 by rtushnet

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

Posted in http://schemas.google.com/blogger/2008/kind#post, my writings, patent, reading list, trade secrets, trademark | Leave a comment

SCIPR: statistics and preview of next Term

Posted on September 12, 2014 by rtushnet

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 →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post, patent, trademark | Leave a comment

SCIPR: patents (Alice/Nautilus)

Posted on September 12, 2014 by rtushnet

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 →

Posted in http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

SCIPR: David Kappos keynote

Posted on September 12, 2014 by rtushnet

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 →

Posted in http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

SCIPR, patents (Limelight/Medtronic)

Posted on September 12, 2014 by rtushnet

(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 →

Posted in http://schemas.google.com/blogger/2008/kind#post, patent, secondary liability | Leave a comment