Academic Journals
States Can Infringe upon Your Intellectual Property Rights with Impunity in the Era of ‘New Federalism’ with Homayoon Rafatijo, 50 AIPLA QUARTERLY JOURNAL 161 (2022).
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Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion with Homayoon Rafatijo, 55 AKRON LAW REVIEW 51 (2022).
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Wrongly Affirmed Without Opinion, 52 WAKE FOREST LAW REVIEW 561 (2017).
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Forward: Symposium on Evolving the Court of Appeals for the Federal Circuit and Its Patent Law Jurisprudence, 76 MISSOURI LAW REVIEW 629 (2011)
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Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making, 25 BERKELEY TECHNOLOGY LAW JOURNAL 1673 (2010).
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Book Review: Reviewing Part III of Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law, 61 ALABAMA LAW REVIEW 587 (2010)
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An Empirical Study of the Role of the Written Description Requirement in Patent Examination, 104 NORTHWESTERN UNIVERSITY LAW REVIEW 1665 (2010)
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Nil: The Value of Patents in a Major Crisis Such as an Influenza Pandemic, 39 SETON HALL LAW REVIEW 1125 (2009)
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Is Novelty Obsolete? Chronicling the Irrelevance of the Invention Date in U.S. Patent Law, 16 MICHIGAN TELECOMMUNICATIONS AND TECHNOLOGY LAW REVIEW 53 (2009)
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The Patent Lottery: Exploiting Behavioral Economics for the Common Good, 16 GEORGE MASON LAW REVIEW 141 (2008)
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The Social Welfare of Advertising to Children, 9 UNIVERSITY OF CHICAGO LAW SCHOOL ROUNDTABLE 179 (2002).
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Book Chapters/Collected Works
Legal Fictions and the Corporation as an Inventive Artificial Intelligence, in RESEARCH HANDBOOKS ON INTELLECTUAL PROPERTY AND ARTIFICIAL INTELLIGENCE (R. Abbot, ed.), forthcoming
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Other Publications
Reference Check: A Simple Strategy to Improve Drug Patent Quality with S. Sean Tu and Aaron S. Kesselheim, WVU College of Law Research Paper No. 2022-012 Health Affairs Forefront
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When is Software Code Copyrightable – Is Its Unauthorized Copying Excusable as a Fair Use, 47 PREVIEW OF UNITED STATES SUPREME COURT CASES 14 (March 23, 2020)
Do Judges Have Authority to Shift Expert Fees and e-Discovery Costs in Copyright Cases, 46 PREVIEW OF UNITED STATES SUPREME COURT CASES 30 (Jan 7, 2019)
Standard for Awarding Attorney Fees under 35 U.S.C. Section 285 to Prevailing Parties in Patent Litigation – Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark, Inc. v. Allcare Health Management Systems, 41 PREVIEW OF UNITED STATES SUPREME COURT CASES 226 (2014)
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Seed Patents, Patent Exhaustion, and Third Parties – Bowman v. Monsanto Co., Docket No. 11-796, 40 PREVIEW OF UNITED STATES SUPREME COURT CASES 225 (2013)
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Copyright versus the Public Domain: Does the Constitution Allow Congress to Take Works from the Public Domain and Replace Those with Private Exclusive Rights, 39 PREVIEW OF UNITED STATES SUPREME COURT CASES 46 (2011)
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Broadening Federal Circuit Jurisprudence: Moving Beyond Federal Circuit Patent Cases, 2010 PATENTLY-O PATENT LAW JOURNAL 19 (2010)
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Professional Journals
The History and Future of E-Commerce Patents with Mitchell L. Terry, 7 no.5 LANDSLIDE 13 (2015)
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Weblogs
Working Papers
Response to the Proposed Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board with Christopher Anthony Cotropia, Stuart J.H. Graham, Mark D. Janis, Jay P. Kesan, Mark A. Lemley, Adam Mossoff, Arti K. Rai, Ted M. Sichelman, Saurabh Vishnubhakat, University of Missouri School of Law Legal Studies Research Paper
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Understanding the Role of the Board of Patent Appeals: Ex Parte Rejection Rates on Appeal, University of Missouri School of Law Legal Studies Research Paper No. 2009-16 (2009)
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The Rising Size and Complexity of the Patent Document, U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2008-04 (2008)
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