Computer software is a huge, worldwide industry, one in which the United States has become the dominant force. The maturation of the software industry has led to dramatic productivity gains, permitting businesses and individuals to accomplish more work with less effort. The industry's growth has...

The common-law doctrine of equivalents extends a patent's protection to cover certain similar devices that do not literally infringe on the patent's claims. Broad application of this doctrine can, however, create uncertainty as to how substantial an improvement a competitor must make to avoid...

Over the past fifty years, a new intellectual property right called the right of publicity has evolved under state common law. The author explores a recurring concern hinted at by several lower courts and dissenting opinions: that current publicity laws offend parts of the Constitution beyond...