Patentable Subject Matter, the Supreme Court, and Not Me

Unlike Michael Risch (who richly deserved the multiple shout-outs from the Supreme Court), I did not get a citation (even to my brief) in the Mayo v. Prometheus case, having argued for the major points that the Court adopted (with some important differences that I’ll discuss below). Nevertheless, I’m celebrating, and all the more because Michael’s prediction came true (rather than my prediction of an 8-1 affirmance). Along with Michael,…

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The new America Invents Act — hype and hope

The Leahy-Smith America Invents Act was signed into law a month ago by President Obama, after the Senate ultimately accepted the House version of the bill. When signing, Obama noted that he had “asked Congress to send me a bill that reforms the outdated patent process, a bill that cuts away the red tape that slows down our inventors and entrepreneurs, and today, I’m happy to have the opportunity to…

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Debate exhaustion and exhilaration

I recently listened to the Federalist Society’s ScotusCast debate among Mark Lemley, Richard Epstein, Fred Von Lohmann, and Scott Kieff (in order of presentation), moderated by Adam Mossoff, on the issue of patent exhaustion after the Supreme Court’s Quanta v. LG decision. The discussion is timely, particularly given the recent CVSG on the somewhat related issue of copyright exhaustion for imports (i.e., foreign “first sales”) in Costco v. Omega. But…

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IP, India, and Cultural Anthropology

Before anything, I want to thank Michael and the others contributors for inviting me join in this creative collaboration. For my first post to Madisonian.net, I’m focused on culture and norms and how they affect intellectual property policy. No doubt, this is prompted by being in Kolkata, India, where I was invited by a good friend, Shamnad Basheer, Ministry of HRD Professor in IP Law at the National University of…

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