Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

The pressure to extract rents from academic research results has led many universities to file more patents and to rely on a growing range of monetization strategies including selling patents to Patent Assertion Entities (PAEs). We build a database of university patents granted by the USPTO and,...

Traditional patent law theories teach that a patent's rights of exclusion are a patent's key benefit to the patentee and are necessary to make the patent system work. Yet patentees are increasingly giving away such rights, in whole or in part, as part of a growing phenomenon: patent pledges. In...

Patent assertion entity litigation is increasingly being viewed as a pathological condition of the patent system. The large damage awards and settlements that PAEs have been able to extract raise the issue of whether PAEs are particularly good at identifying high-value patents. This paper, based...

Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...

For several years, courts have been improperly calculating damages in cases involving the unlicensed use of genetically-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a...

Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents...

Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold that the patent is actually valid and infringed, and...

This paper explores the nature and implications of nineteenth century patent law in two late-industrializing countries: Spain and Mexico. Both inherited earlier ancient regime monopoly practices, both adopted aspects of modern, codified patent systems in the early nineteenth century, and both...

The article introduces a contract approach to patent infringement and develops a methodology for finding reasonable royalty damages. The contract approach complements approaches based on property and tort, thus providing a more complete understanding of damages. The article argues that the...