2 down, 1 to go!
Long haul flights provide rare opportunities for undistracted writing. Over my travels this past month, I capitalized on those flights to complete two pieces.
The first piece provides some (hopefully) fresh insights into the doctrinal, policy, and empirical aspects of a controversial aspect of patent infringement known as “the doctrine of equivalents”. It tests conventional wisdom against 10,373 observable datapoints gleaned from 316 Federal Circuit and district court cases between 2009 and 2018. Those interested can find a draft version of the article here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3438432
The second piece is an invited contribution looking at key aspects of Professor Herbert Hovenkamp’s scholarship on the intersection between innovation and competition. I’d long been a fan of Herb’s, so it was a treat to go through 72 (!) of his published articles to glean and discuss 3 key themes which will (hopefully, again!) be useful to scholars, courts, and lawyers, even as it pays tribute to Herb, the Michael Jordan of antitrust. In writing this piece, I was reminded of another I did on Federal Circuit Judge Pauline Newman, who has contributed as much to patent law as anyone: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2850793.
