Awards
- Best Publication of 2023 on Antitrust and Intellectual Property, Jerry S. Cohen Memorial Fund Writing Award, for Mandatory Infringement, 2024.
Articles
-
Certainly Uncertain: An Analysis of the Patent Eligibility Restoration Act of 2023, 13 American University Business Law Review (forthcoming 2024)
- With Joshua D. Sarnoff
-
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.
-
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?
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Who’s Afraid of Section 1498? A Case for Government Patent Use in Pandemics and Other National Crises, 22 Yale Journal of Law and Technology 1 (2020)
- With Christopher Morten
- How the government patent use statute ought to play a key role in addressing national crises like COVID-19, in view of history and legal theory.
-
Copyright in the Texts of the Law: Historical Perspectives, 9 New York University Journal of Intellectual Property and Entertainment Law 191 (2020)
- Why the unexplored history of official promulgations of law informs the current debate over copyrightability of state codes of law.
-
Of Monopolies and Monocultures: The Intersection of Patents and National Security, 36 Santa Clara High Technology Law Journal 369 (2020)
- How the interaction between patents and national security is more complex than recent political dialogues have made it out to be.
-
Internet of Infringing Things: The Effect of Computer Interface Copyrights on Technology Standards, 45 Rutgers Computer and Technology Law Journal 1 (2019)
- How technical interoperability standards like WiFi and HTML reveal an unresolved danger of copyright protection in software interfaces.
-
Internet Freedom with Teeth, 67 Florida Law Review Forum 243 (2016)
- How legal scholarship and policy advocacy came together to stop the U.S. International Trade Commission from expanding its jurisdiction to Internet data flows.
-
Apply It to the USPTO: Review of the Implementation of Alice v. CLS Bank in Patent Examination, 2014 Patently-O Patent Law Journal 1 (2014)
- How the USPTO reacted in the immediate wake of the Alice v. CLS Bank decision, based on empirical data of its examination outcome changes.
-
Alternative Software Protection in View of In re Bilski, 7 Northwestern Journal of Technology and Intellectual Property 332 (2009)
- With Lauren Katzenellenbogen & James Skelley
Book Chapters
-
If Not Patents, Then Trade Secrets? (forthcoming 2024)
- In Research Handbook on Trade Secrecy in Data and Data Infrastructure
- Toward a Legal Framework for Patient Access to At-Home Health Care Device Data (2024) ssrn
- Patent Title Insurance (2024)
-
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.
Books and White Papers
- The Barons and the Mob: Essays on Centralized Platforms and Decentralized Crowds (Charles Duan & James Grimmelmann, 2024) ssrn
- Stephen Clowney et al., Open Source Property: AUWCL Edition (Charles Duan, 2024)
- The U.S. International Trade Commission: An Empirical Study of Section 337 Investigations (R Street Institute, Policy Study No. 246, Nov. 2021)
- Product Hopping: Federal and State Approaches (R Street Institute, Policy Study No. 227, Mar. 2021)
- Biologics Patent Litigation: Reforms for Lowering Drug Prices (R Street Institute, Policy Study No. 220, Feb. 2021)
- U.S. Patents and Competitiveness with China (R Street Institute, Short Study No. 67, Feb. 2019)
-
The International Trade Commission’s Authority in Domestic Patent Disputes (R Street Institute, Policy Study No. 147, June 2018)
- With Bill Watson
-
Telemedicine: Lessons for—and from—Emerging Technology Policy (R Street Institute, Policy Study No. 139, Apr. 2018)
- With Joe Kane & Caleb Watney
-
Policy Approaches to the Encryption Debate (R Street Institute, Policy Study No. 133, Mar. 2018)
- With Arthur Rizer, Zach Graves & Mike Godwin
-
Protecting Privacy, Promoting Competition: A Framework for Updating the Federal Communications Commission Privacy Rules for the Digital World (Public Knowledge, 2016)
- With Harold Feld, John Gasparini, Tennyson Holloway & Meredith Rose
-
A World on NDN: Affordances & Implications of the Named Data Networking Future Internet Architecture (Named Data Networking, Technical Report No. NDN-0018, 2014)
- With Katie Shilton, Jeff Burke, kc claffy & Lixia Zhang
- A Five Part Plan for Patent Reform (Public Knowledge, 2014)
Law Blogs
- USPTO Seeks Public Input on Patents and the Right to Research, InfoJustice, July 10, 2024
-
Who’s Afraid of Section 1498?: Government Patent Use as Versatile Policy Tool, Written Description, Apr. 24, 2020
- With Christopher Morten
- Do Patents Protect National Security?, Lawfare, July 12, 2019
- A Patent Dispute Tests the Administration’s National Security Resolve, Lawfare, Dec. 6, 2018
- Copyright Law Could Stop 3-D Printed Guns. Should It?, Lawfare, Aug. 31, 2018
- A New Framework for the Encryption Debate, Lawfare, Apr. 9, 2018
- Questions Congress Should Ask Mark Zuckerberg, Lawfare, Apr. 5, 2018
- Are Patents Monopolies? It Depends on the Relevant Century, Patently-O, Oct. 18, 2017
- A Definite Problem of Patent Law: Nautilus v. Biosig Instruments, JURIST Professional Commentary, May 7, 2014
- The Real Results of Stock-Touting Spam, gtnews, Oct. 23, 2006
Essays
-
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.
-
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.
- The Internet Will Not Be Lowercased, Medium: Public Knowledge, June 2, 2016
Last updated: Tue, 14 Jan 2025 10:20:53 -0500