2026
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Essay: The Importance of Being Equivalent, American University Intellectual Property Brief, forthcoming 2027
- When recent patent cases create a legal avenue for blocking house-brand Rice Krispies, something has gone wrong.
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Article: Defining the Character in Copyright Law, 79 Stanford Law Review (forthcoming 2027)
- With Rachel Bamberger
- Despite giving characters special protection, copyright law has not figured out what characters are. Can literary theory help?
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Amicus Brief: Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889 (U.S. filed Mar. 20, 2025)
- For 76 Scholars of Law, Business, Economics, and Medicine
- Media coverage: Law360
2025
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Press Article: Infringing Patents, but Not by Choice, ABA Landslide, Sept.-Oct. 2025, at 7 ssrn
- A farmer’s herbicide blows onto the neighbors’ fields, forcing them to buy patented resistant seeds lest their crops die. Business as usual, or a threat to the foundations of patent law?
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Book Chapter: Inside the AI (Sept. 2025)
- In Symposium on Copyright and Artificial Intelligence
- What is inside an AI model? There are two answers, and copyright law might be choosing the wrong one.
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Amicus Brief: Cox Comunications, Inc. v. Sony Music Entertainment, No. 24-171 (U.S. June 30, 2025)
- For a Professor of Patent Law
- Media coverage: Patently-O, Bloomberg Law
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Article: Certainly Uncertain: An Analysis of the Patent Eligibility Restoration Act of 2023, 13 American University Business Law Review 743 (2025) ssrn
- A new patent reform bill, intended to crumble two centuries of jurisprudence, is not as well-reasoned as its proponents claim it to be.
- Award: Excellence in Teaching Award, 2025.
- Award: Pauline Ruyle Moore Scholar Award, for On the Appeal of Drug Patent Challenges, 2025.
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Article: What Is Copyrightable in Software?, 94 George Washington Law Review (forthcoming 2026)
- Solving a fifty-year-old software copyright law puzzle, by delving into the world of register variables and list comprehensions.
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Amicus Brief: Jazz Pharmaceuticals, Inc. v. Kennedy, No. 24-5262 (D.C. Cir. filed Mar. 24, 2025)
- For 12 Narcolepsy Patients, Public Interest Organizations, Medical Professionals, and Professors of Law
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Amicus Brief: Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889 (U.S. filed Mar. 20, 2025)
- For 30 Scholars of Law, Economics, and Medicine
- Book: Stephen Clowney et al., Open Source Property: AUWCL Edition (Charles Duan, 2025)
2024
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Book Chapter: If Not Patents, Then Trade Secrets? (forthcoming 2026)
- In Research Handbook on Trade Secrecy in Data and Data Infrastructure
- A seemingly self-evident trope of patent policy logic is not as simple as it seems.
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Amicus Brief: Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 23-1169 (Fed. Cir. Aug. 22, 2024)
- For 15 Scholars of Law and Medicine
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Amicus Brief: Carroll Shelby Licensing Inc. v. Halicki, Nos. 23-3731, -4008 (9th Cir. filed Nov. 21, 2023)
- For 20 Professors of Law and Public Knowledge
- Book: The Barons and the Mob: Essays on Centralized Platforms and Decentralized Crowds (Charles Duan & James Grimmelmann, 2024) ssrn
- Online Article: USPTO Seeks Public Input on Patents and the Right to Research, InfoJustice, July 10, 2024
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Article: Examining Patent Eligibility, 97 St. John’s Law Review 47 (2023) ssrn
- A little-studied 2011 Federal Circuit decision had major ripple effects on patent eligibility and examination practice, in ways that challenge dominant policy narratives about the doctrine.
- Media coverage: ELSIhub
- Award: Best Publication of 2023 on Antitrust and Intellectual Property, Jerry S. Cohen Memorial Fund Writing Award, for Mandatory Infringement, 2024.
- Book Chapter: Toward a Legal Framework for Patient Access to At-Home Health Care Device Data (2024) ssrn
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Book Chapter: Patent Title Insurance (2024)
- In Handbook of Intellectual Property Rights and Innovation
- Homeowners buy title insurance, in case they turn out not to be the true owner of their houses. Should patent owners also get insurance, in case they aren’t the first to invent their ideas?
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Article: Content Moderation on End-to-End Encrypted Systems: A Legal Analysis, 8 Georgetown Law Technology Review 1 (2024) ssrn
- With James Grimmelmann
- Computer scientists have come up with cutting-edge technologies for content moderation on end-to-end encrypted platforms. Are those technologies legal?
2023
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Essay: Securing Patent Law, 11 Belmont Law Review 91 (2023) ssrn
- The conversation on intellectual property and national security needs to focus more on technological competitor nations’ potential use of U.S. patents as an offense strategy.
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Amicus Brief: Green v. United States Department of Justice, 111 F.4th 81 (D.C. Cir. 2024)
- For Public Knowledge, the Digital Right to Repair Coalition, Software Freedom Conservancy, iFixit, the Open Source Hardware Association, and Scholars of Property and Technology Law
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Amicus Brief: Jazz Pharmaceuticals v. Becerra, No. 1:23-cv-1819 (D.D.C. Oct. 30, 2024)
- For 22 Narcolepsy Patients, Public Interest Organizations, Medical Professionals, and Professors of Law
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Article: On the Appeal of Drug Patent Challenges, 72 American University Law Review 1177 (2023) ssrn
- Empirically, inter partes review patent challenges have been accurate and effective at lowering drug prices. But the Federal Circuit’s publication practices hide those facts.
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Article: Mandatory Infringement, 75 Florida Law Review 219 (2023) ssrn
- Exploring the unexpected effects of intellectual property/regulation overlaps on market power, innovation incentives, and intellectual property theory.
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Hearing Testimony: Intellectual Property and Strategic Competition with China: Part I, House of Representatives, 117th Cong. (2023)
- Invited witness before the Subcomm. on Courts, Intellectual Property, and the Internet of the H. Comm. on the Judiciary
Last updated: Mon, 02 Mar 2026 22:28:08 -0500