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Title
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Author
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Year
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How Innovative Are Innovations? A Multidimensional, Survey-Based Approach
Innovation can be difficult to measure, and some major technical advances have less impact on social welfare than expected. Surveys of innovation should consider five key factors in assessing the importance of an innovation.
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Wesley Cohen, John P. Walsh, You-Na Lee |
2021 |
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Antitrust Policy Toward Patent Licensing: Why Negotiation Matters
Some are concerned that patents for complex innovations give rise to problems such as royalty stacking or patent thickets. However, empirical data shows that patent pools and negotiation of patent licenses tend to eliminate these concerns.
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Daniel Spulber |
2021 |
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The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule
The Ninth Circuit has ruled that experts may not testify to help juries understand whether one computer program is similar to another. Ninth Circuit cases fail to properly assess software copyright violations.
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Peter Menell, Shyamkrishna Balganesh |
2021 |
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Trademark Search, Artificial Intelligence and the Role of the Private Sector
Worldwide, trademark offices and private firms use artificial intelligence-based systems (AI) to identify distinct trademarks. AI will transform trademark business and legal processes.
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Sonia Katyal, Aniket Kesari |
2021 |
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Standing and Privacy Harms: A Critique of TransUnion v. Ramirez
The Supreme Court has ruled that consumers lack standing under the Fair Credit Reporting Act (FCRA) until their credit reports were sent to third-party businesses. The Court’s test for standing is unsatisfactory.
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Daniel J. Solove, Danielle Citron |
2021 |
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Legal Internalism in Modern Histories of Copyright
Process concerns, including formal registration requirements and the rule of law, are important to copyright lawyers and policymakers. Recent histories of copyright law neglect these procedural elements.
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Shyamkrishna Balganesh, Taisu Zhang |
2021 |
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Reforming the Patent System
Three tailored patent reforms would improve the patent system without requiring more evidence as to whether stronger patent protection promotes innovation generally.
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Heidi Williams, Lisa Larrimore Ouellette |
2020 |
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Licensing Standard Essential Patents with FRAND Commitments: Preparing for 5G Mobile Telecommunications
As 5G mobile telecommunication technologies develop, some have proposed that courts or administrative agencies should regulate licensing of Standard Essential Patents (SEPs).
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Daniel Spulber |
2020 |
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Finding Reasonable Royalty Damages: A Contract Approach to Patent Infringement
Courts differ as to how to calculate damages for patent infringement. The best approach would be for courts to construct an “informed contract” between the parties to the dispute.
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Daniel Spulber |
2019 |
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Intellectual Property Rights and Innovation: Evidence from the Human Genome
Intellectual property (IP) is intended to encourage innovation. For two years, Celera held exclusive IP rights to data about some human genes. During this time, other firms reduced research and development (R&D) related to these genes from 20-30%. These effects persisted for years after.
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Heidi Williams |
2019 |