Information disclosure and labeling policies have been touted as promising tools for addressing environmental problems. These market-oriented approaches seek to use consumer choice to ameliorate environmental effects. In theory, such information enables consumers to account for external costs in...

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...

Notice of intellectual property content, ownership, boundaries, scope of rights (and limitations), enforcement institutions, and remedial consequences plays a central role in resource planning and other economic and social functions. This chapter examines the function, design, and economic...

Software patent cases often present dozens of claims requiring tremendous effort and years of costly litigation to reach a resolution. In a provocative essay, Judge William Alsup offers an innovative case management solution inspired by western frontier justice. As Judge Alsup warned attorneys...

The Supreme Court should grant review of the Federal Circuit's decisions in Oracle v. Google for two compelling sets of reasons. First, the Federal Circuit's decisions conflict with this Court's seminal decision in Baker v. Selden, 101 U.S. 99 (1879), misinterpret Congress's codification of this...

The determination of patent damages lies at the heart of patent law and policy, yet it remains one of the most contentious topics in this field, particularly as regards the calculation of a reasonable royalty. In March 2016, the Berkeley Center for Law & Technology convened a workshop of leading...

The information revolution has brought demand-side effects to the fore of economic activity, business strategy, and intellectual property jurisprudence and policy. Intellectual property doctrines play a central role in harnessing network effects, promoting innovation to overcome excess inertia,...

Four decades ago, the Ninth Circuit ruled that expert testimony was inadmissible to determine whether Mayor McCheese and the merry band of McDonaldland characters infringed copyright protection for Wilhelmina W. Witchiepoo and the other imaginative H.R. Pufnstuf costumed characters. Since the...

Patent claims define the scope of the patent right and hence are central to the operation of the patent system. Patent prosecutors devote substantial effort to crafting patent claims so as to maximize the scope of their right without “reading on” prior art (and thereby defeating novelty)....