Recent Items

2024

• 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
  • In Digital Health Care Outside of Traditional Clinical Settings: Ethical, Legal, and Regulatory Challenges and Opportunities
  • With Christopher Morten
• Book Chapter: Patent Title Insurance (forthcoming 2024)
  • In Handbook of Intellectual Property Rights and Innovation
• 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?
• Book: Stephen Clowney et al., Open Source Property: AUWCL Edition (Charles Duan ed., 2024)

2023

• 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.
• Amicus Brief: Green v. United States Department of Justice, No. 23-5159 (D.C. Cir. July 13, 2023)
  • 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
• Amicus Brief: Jazz Pharmaceuticals v. Becerra, No. 1:23-cv-1819 (D.D.C. Oct. 24, 2023)
  • For 22 Narcolepsy Patients, Public Interest Organizations, Medical Professionals, and Professors of Law
• 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.
• 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.
• Article: Examining Patent Eligibility, 96 St. John’s Law Review (forthcoming 2023)
  • 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.
• 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

2022

• Article: Pharmaceutical Patent Two-Step: The Adverse Advent of Amarin v. Hikma Type Litigation, 12 New York University Journal of Intellectual Property and Entertainment Law 1 (2022)
  • With S. Sean Tu
  • Buried within a tangled web of patents surrounding a widely used cardiovascular drug are the seeds of a legal strategy that could delay generics for years to come.
• Book Chapter: A Failure to Interoperate: The Lost Mars Climate Orbiter (2022)
  • In “You Are Not Expected to Understand This”: How 26 Lines of Code Changed the World
  • A failed NASA mission’s lessons for modern information and Internet technology.
• Amicus Brief: American Society for Testing & Materials v. Public.Resource.Org, Inc., 82 F.4th 1262 (D.C. Cir. 2022)
  • For Former Government Publishing Officials Raymond A. Mosley and Robert C. Tapella
• Press Article: Prevent a Legal Catch-22 That Could Push Thousands of Generic Drugs Off the Market, Los Angeles Times, Sept. 21, 2022, at A13
  • With Michael A. Carrier & S. Sean Tu
• Amicus Brief: Teva Pharmaceuticals USA v. GlaxoSmithKline LLC, No. 22-37 (U.S. July 11, 2022)
  • For 42 Professors of Law, Economics, Business, and Medicine

2021

• Article: A Tale of Two Interoperabilities; Or, How Google v. Oracle Could Become Social Media Legislation, 2021 Cardozo Law Review de•novo 246 (2021)
  • How the Supreme Court’s decision on software interface copyrights unexpectedly affects a contemporary debate over social media platform competition.
• Article: Hacking Antitrust: Competition Policy and the Computer Fraud and Abuse Act, 19 Colorado Technology Law Journal 313 (2021)
  • How broad interpretations of the federal computer trespass law conflict with competition policy based on real-world examples and intellectual property theory.
• Essay: Patents and the Common Good, 64 New Atlantis 75 (2021)
  • Why Bayh-Dole march-in rights continue to be important to the balance of the patent system.
• Article: Gene Patents, Drug Prices, and Scientific Research: Unexpected Effects of Recently Proposed Patent Eligibility Legislation, 24 Marquette Intellectual Property Law Review 139 (2021)
  • What lessons historical debates over scientific research and human gene patents carry for current legislative proposals to amend patent subject matter eligibility.
• Whitepaper: The U.S. International Trade Commission: An Empirical Study of Section 337 Investigations (R Street Institute, Policy Study No. 246, Nov. 2021)
• Amicus Brief: GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, 25 F.4th 949 (Fed. Cir. 2022)
  • For 14 Professors of Law

Last updated: Tue, 07 May 2024 15:59:27 -0400