Past Essays & Op-Eds

2020 Essays & Op-Eds

Jonathan M. Barnett
How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential Patents
CPI Antitrust Chronicle
December 21, 2020

Ted Sichelman
The USPTO Patent Litigation Dataset: Open Source, Extensive Docket and Patent Number Data
Patently-O
December 16, 2020

Mark Schultz
How Can Asian Governments Foster Local Entertainment in the Streaming Era?
The Diplomat
December 11, 2020

Eric Priest et al.
Substantive Issues Plague China’s Patent Linkage Regime
Law360
November 10, 2020

Kristen Osenga
Price Controls Are Intellectual Property Theft by a Different Name
Townhall
October 27, 2020

Jonathan M. Barnett
Antitrustifying Contract: Thoughts on Epic Games v. Apple and Apple v. Qualcomm
Truth on the Market
October 26, 2020

Sean M. O’Connor
No, the Government Cannot Seize, Break or “Bypass” Pharmaceutical Patents—Even for COVID-19
The Hill
October 25, 2020

Kristen Osenga
Today’s Federal Trade Commission Is Taking One Giant Leap Backwards
RealClearMarkets
October 21, 2020

Sandra Aistars
High Court Oracle-Google Copyright War May Benefit Artists
Law360
October 8, 2020

Terrica Carrington
Google v. Oracle: Supreme Court Hears Oral Arguments in “Copyright Case of the Decade”
Copyright Alliance
October 8, 2020

Jonathan M. Barnett
‘Unfair Use,’ Democracy and the Supreme Court
The Hill
October 6, 2020

Sean O’Connor
Cancel Culture, Copyright and the Harper’s Letter
The Hill
July 11, 2020

Jonathan Barnett
Patent Tigers: Study Challenges ‘Patent Skeptics’ on the Benefits of Patents for Developing Economies
IPWatchdog
June 21, 2020

Eric Priest & Sean Pager
Senator Ron Wyden, Stop Harming Independent Creators
IPWatchdog
June 11, 2020

Sean O’Connor
Avoiding Another Great Depression Through a Developmentally Layered Reopening of the Economy
The Hill
April 27, 2020

Erika Lietzan
The Tradeoffs Involved in New Drug Approval, Expanded Access, and Right to Try
Objective Intent
March 21, 2020

Erika Lietzan
Vaccine Approval 101
Objective Intent
February 29, 2020

Erika Lietzan
Emergency Use Authorizations
Objective Intent
February 24, 2020

Kristen Osenga
Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument
IPWatchdog
February 20, 2020

Mark Schultz
Copyright Could Be the Next Way for Congress to Take on Big Tech
The Verge
February 13, 2020

Kristen Osenga
Saving Functional Claiming: The Mismatch of § 112 Reform in the § 101 Reform Debate
Hudson Institute
January 10, 2020


2019 Essays & Op-Eds

Kevin Madigan & Adam Mossoff
Five Years Later, the U.S. Patent System is Still Turning Gold to Lead
IPWatchdog
December 15, 2019

Jonathan Barnett
The Forgotten Virtues of Doing Nothing
Truth on the Market
November 12, 2019

Erika Lietzan
SSRN Reading List . . . or Device Regulation: What Role for Tort Law?
Objective Intent
September 30, 2019

Kristen Osenga
Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs
IPWatchdog
September 16, 2019

Kristen Osenga
The IEEE IPR Policy Amendments: Strategic Behavior and Feedback Loops
IPWatchdog
September 11, 2019

Kevin Madigan
<em>Outdated Safe Harbor Laws Have No Place in Trade Agreements
The Hill
August 23, 2019

Mark Schultz
Is There Internet Life After 30?
The Hill
August 23, 2019

Erika Lietzan
FDA’s Abandoned Proposal to Require Reporting of Data Falsification
Objective Intent
August 21, 2019

Erika Lietzan
The Big “Data Manipulation” Story
Objective Intent
August 12, 2019

Jonathan Barnett
FTC v. Qualcomm: A Case of Regulatory Capture?
Truth on the Market
July 18, 2019

Jonathan Barnett
Qualcomm Ruling a Case of Antitrust Gone Wrong
The Hill
May 28, 2019

Erika Lietzan
Case To Watch: Eagle v. Azar’s Hidden Chevron-Step-1 Issue
Objective Intent
May 14, 2019

Sandra Aistars & Kevin Madigan
CASE Act Promises Long-Overdue Access to Justice for Individuals and Small Businesses in the Arts
IPWatchdog
May 9, 2019

Kristen Osenga
Over-Regulation is Killing Medical Innovation – But It’s Not the Agency You Think
Federalist Society
April 30, 2019

Kristen Osenga
When the Patent System Works
Washington Times
April 25, 2019

Kristen Osenga
Moving the (Over-Regulated) Music Industry into Modern Times
Federalist Society
April 24, 2019

Ted Sichelman
Sichelman: A Defense And Explanation Of The U.S. News ‘Citation’ Ranking
TaxProf Blog
March 20, 2019

Adam Mossoff
Apple Pays for Its Patent Infringement, But Important Legal Cases Continue
IPWatchdog
March 19, 2019

Erika Lietzan
Changes in the New Orange Book — Or, Too Much Time on My Hands
Objective Intent
February 11, 2019

Adam Mossoff
The FTC Joins Huawei on a Misguided Troll Hunt
Wall Street Journal
January 27, 2019

Kevin Madigan
Netflix’s Alliance with the MPAA Signals a Shift
Mister Copyright
January 25, 2019

Erika Lietzan
Patent Term Restoration – Denied!
Objective Intent
January 7, 2019


2018 Essays & Op-Eds

Kristen Osenga
What Happened to the Public’s Interest in Patent Law?
Federalist Society Review
December 26, 2018

Chris Katopis
Recognizing the Limits of Government Procurement in the Pharmaceutical Industries
CPIP Blog
December 20, 2018

Devlin Hartline
CPIP Scholars Join Amicus Brief Arguing that the Government Cannot Petition for CBM Review
CPIP Blog
December 19, 2018

Kathleen Wills
Qualcomm Founder Dr. Irwin M. Jacobs Delights Attendees at CPIP’s Sixth Annual Fall Conference
CPIP Blog
December 14, 2018

Kevin Madigan
Flawed Marginal Cost Theory Should Not Be Applied to Intellectual Property
CPIP Blog
November 29, 2018

Jonathan Barnett
Antitrust Overreach: Undoing Cooperative Standardization in the Digital Economy
CLS Blue Sky Blog
November 28, 2018

Rachelle Mortimer & Grant Ossler
Arts & Entertainment Advocacy Clinic Students File Amicus Brief in Brammer v. Violent Hues
CPIP Blog
November 20, 2018

Chris Katopis
A Cure Worse Than the Disease? Proposed Changes to European Patent Law are Threatening Pharmaceutical Innovation
CPIP Blog
November 16

Kathleen Wills
Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property
CPIP Blog
November 14, 2018

Devlin Hartline
VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference
CPIP Blog
November 13, 2018

Adam Mossoff, Sean O’Connor, & Evan Moore
Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation
CPIP Blog
November 5, 2018

Devlin Hartline
VIDEO: Dr. Irwin M. Jacobs Delivers Keynote Address at CPIP 2018 Fall Conference
CPIP Blog
October 30, 2018

Devlin Hartline & Aditi Kulkarni
New “Invalidated” Documentary Highlights the Problems With the PTAB: Free Screening on October 26
CPIP Blog
October 25, 2018

Erika Lietzan
SSRN Reading List; Genetically Modified Food and the Public’s Voice
Objective Intent
October 23, 2018

Kristen Osenga
Making Important Patents Worthless
Washington Times
October 15, 2018

CPIP Staff
IP for the Next Generation of Mobile Technology: How the Antitrust Division Devalued Standard-Essential Patents
CPIP Blog
October 10, 2018

CPIP Staff
IP for the Next Generation of Mobile Technology: How Ignorance of Standard Setting Operations Hinders Innovation
CPIP Blog
October 9, 2018

CPIP Staff
IP for the Next Generation of Mobile Technology: How IEEE’s Policy Changes Have Created Uncertainty for Innovators
CPIP Blog
October 8, 2018

Erika Lietzan
SSRN Reading List — Is “Milk” Worth Fighting For?
Objective Intent
October 8, 2018

CPIP Staff
Focusing on IP for the Next Generation of Mobile Technology
CPIP Blog
October 5, 2018

Erika Lietzan
SSRN Reading List — Food Law and Policy Articles
Objective Intent
October 5, 2018

Adam Mossoff
Uncertain Patent Rights and a Weakening U.S. Innovation Economy: A Mixed Legacy on IP Policy
ABA Landslide
October 1, 2018

Erika Lietzan
The Puzzling Uncertainty About Umbrella Exclusivity
Objective Intent
September 26, 2018

Chris Holman
Why Follow-On Pharmaceutical Innovations Should Be Eligible For Patent Protection
Intellectual Property Watch
September 21, 2018

Erika Lietzan
Cannabis and the Often Overlooked Drug Exclusion Rule
Objective Intent
September 19, 2018

Erika Lietzan
The Patent Dance: A Reasonable Response to the Specter of Reasonable Royalties
Objective Intent
September 12, 2018

Erika Lietzan
Biosimilar Patent Litigation: the “Finish What You Started” Rule
Objective Intent
September 10, 2018

CPIP Staff
CPIP Announces Leadership Transitions
CPIP Blog
August 21, 2018

Erika Lietzan
Whither FDA’s Drug Approval Paradigm? — A Debate from Recent FDA Law SSRN Postings
Objective Intent
August 17, 2018

Kevin Madigan & Adam Mossoff
Study Finds IEEE’s 2015 Patent Policy Sowing Uncertainty and Slowing Innovation
CPIP Blog
July 17, 2018

Kevin Madigan
Will the EU Finally Hold Internet Giants Accountable?
CPIP Blog
July 3, 2018

Kristen Osenga
Qualcomm vs. Apple: Who’s the Real Bully?
The Daily Caller
July 1, 2018

David Lund
Rep. Massie Introduces New Legislation to Restore America’s Patent System
CPIP Blog
June 29, 2018

Kevin Madigan & Adam Mossoff
The Value of Public Data: Update to “Turning Gold to Lead”
CPIP Blog
June 28, 2018

Devlin Hartline
New CPIP Policy Brief: An Unwise Move to Discriminate Against Pharmaceutical Patents
CPIP Blog
June 7, 2018

Kevin Madigan
Sometimes Fair Use Takes a Little Effort (and That’s a Good Thing)
Mister Copyright
May 31, 2018

Matthew Barblan
Despite Professors’ Misleading Rhetoric, CLASSICS is a Big Win for Everyone
CPIP Blog
May 29, 2018

Kevin Madigan
USTR Report Highlights Concerns over Canada’s Treatment of IP
Mister Copyright
May 21, 2018

Sean O’Connor et al.
‘Blurred Lines’ Ruling Brings Justice to Composers Like Marvin Gaye
Seattle Times
May 6, 2018

CPIP Staff
CPIP Scholars Examine the Flaws in the Term “Evergreening”
CPIP Blog
May 1, 2018

Eric Priest et al.
Tariffs Are the Wrong Weapon in Fight Against China’s Pirates – Here’s the Right One
The Conversation
April 30, 2018

Devlin Hartline
CPIP Scholars To Federal Circuit: Protect Innovation in the Life Sciences
CPIP Blog
April 30, 2018

Kevin Madigan
Usual Suspects Fight Effort to Impose Online Accountability in Europe
Mister Copyright
April 30, 2018

David Lund
CPIP and ITIF Release Innovate4Health Report on Role of IP in Solving Global Health Challenges
CPIP Blog
April 26, 2018

Adam Mossoff
Statement of Professor Adam Mossoff on Oil States v. Greene’s Energy
CPIP Blog
April 24, 2018

David Lund
Department of Justice Recognizes Importance of Reliable Patent Rights in Innovation Economy
CPIP Blog
April 23, 2018

Erika Lietzan
FDA Law SSRN Reading List – February and March 2018, 2/3
Objective Intent
April 18, 2018

Matthew Barblan & Kevin Madigan
CLASSICS Act Provides Long Overdue Recognition for Legacy Recording Artists
CPIP Blog
April 16, 2018

Erika Lietzan
SSRN Reading List February and March, 1 of 3
Objective Intent
April 13, 2018

Kevin Madigan
CASE Act Set to Empower Creators and Impose Accountability
Mister Copyright
March 31, 2018

Erika Lietzan
Pediatric Exclusivity (3 of 3): Amgen v. Hargan
Objective Intent
March 24, 2018

David Lund
The STRONGER Patents Act: The House Receives Its Own Legislation to Protect Our Innovation Economy
CPIP Blog
March 20, 2018

Erika Lietzan
Pediatric Exclusivity (2 of 3): Amgen v. Hargan
Objective Intent
March 14, 2018

Michael O’Keefe
SaTo Pan Delivers a Sustainable Solution to the Sanitation Crisis in Developing Nations
CPIP Blog
March 13, 2018

Kevin Madigan
Panel on Streaming Media Boxes Explores the New Face of Piracy
Mister Copyright
March 12, 2018

Erika Lietzan
FDA Law SSRN Reading List – December ’17 & January ’18
Objective Intent
March 6, 2018

Alex Summerton & Nick Churchill
Daktari Diagnostics Takes on Africa’s Healthcare Challenges One Diagnostic Device at a Time
CPIP Blog
March 6, 2018

Devlin Hartline
CPIP Scholars Ask Federal Circuit to Fix Patent Eligibility Doctrine in Cleveland Clinic Appeal
CPIP Blog
March 5, 2018

Erika Lietzan
Pediatric Exclusivity 101
Objective Intent
March 3, 2018

Devlin Hartline
New White Paper Explores the Importance of Property Rights to National Wealth and Security
CPIP Blog
February 28, 2018

Kevin Madigan
Updated TickBox Injunction and the Fight Against Add-Ons
Mister Copyright
February 27, 2018

Gleb Savich
Augmented Reality Technology Helps Bring Surgical Expertise to Conflict Zones and the Developing World
CPIP Blog
February 27, 2018

Gleb Savich
Indian Startup Develops Nanomaterial Filter to Help Solve Global Drinking Water Crisis
CPIP Blog
February 21, 2018

Alex Summerton
DNAe Enhances HIV Treatment By Monitoring the Effectiveness of Antiretroviral Therapy
CPIP Blog
February 15, 2018

Devlin Hartline
Letter to Antitrust Chief Applauds DOJ’s New Evidence-Based Approach to IP Enforcement
CPIP Blog
February 13, 2018

Kevin Madigan
TickBox Injunction Targets Blatant Inducement of Infringement
Mister Copyright
February 11, 2018

Devlin Hartline
U.S. Innovation Economy Falls Even Further in Latest GIPC Patent Rankings
CPIP Blog
February 8, 2018

Kristen Osenga
US Takes One Step Forward, Two Steps Back on Innovation
The Hill
February 7, 2018

Nick Churchill
Nike’s Innovations Provide Comfort and Independence to People with Disabilities
CPIP Blog
February 6, 2018

Kevin Madigan
Concerns over ALI Copyright Restatement Leave Project in Limbo
Mister Copyright
January 31, 2018

Kevin Madigan
NAFTA Shouldn’t Include Outdated Internet Safe Harbors
The Hill
January 27, 2018

Sean O’Connor
Not So Blurred Lines
IPWatchdog
January 8, 2018

Erika Lietzan
Food Additive Approvals — and Patents
Objective Intent
January 7, 2018


2017 Essays & Op-Eds

Kevin Madigan
Study on Expanded “User Rights” Fails Econometric Scrutiny
Mister Copyright
December 23, 2017

Erika Lietzan
You Can Dance If You Want To
Objective Intent
December 22, 2017

Kevin Madigan
Monkeys, Turtles, and Cheerleaders: Copyright in 2017 and Beyond
Mister Copyright
December 18, 2017

Gleb Savich
Embrace Infant Warmers Help Save Lives of Preterm Babies in Developing Countries
CPIP Blog
December 7, 2017

Devlin Hartline
CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101
CPIP Blog
December 6, 2017

Erika Lietzan
FDA Law SSRN Reading List – October and November (Part 2 of 2)
Objective Intent
December 5, 2017

Erika Lietzan
FDA Law SSRN Reading List – October and November (Part 1 of 2)
Objective Intent
December 3, 2017

Kevin Madigan
A New NAFTA Must Protect the Rights of Copyright Owners and Creators
Mister Copyright
November 30, 2017

Kristen Osenga
Supreme Court Must Reinforce US as Preeminent Innovation Superpower
The Hill
November 27, 2017

Kevin Madigan
Debunking Criticism of the Copyright Small Claims Act
Mister Copyright
November 20, 2017

Alex Summerton
CPIP Fall Conference Papers Highlight How Intellectual Property Rights Promote Global Prosperity
CPIP Blog
November 17, 2017

Alex Summerton
Miriam Bridges the Gap Between Developing-World Infrastructure and Cancer Detection
CPIP Blog
November 7, 2017

Mark Schultz
Digital Age Changes All the Rules on Intellectual Property
The Hill
November 6, 2017

Erika Lietzan
Thoughts on “Reciprocal Marketing Approval”
Objective Intent
November 3, 2017

Nick Churchill
Nutriset Uses Patents and Trademarks to Fight Severe Malnutrition Across the Globe
CPIP Blog
October 31, 2017

Kevin Madigan
Pulitzer Prize-Winning Author T.J. Stiles Makes the Case for Copyright
CPIP Blog
October 30, 2017

Erika Lietzan
FDA Law SSRN Reading List (September 2017)
Objective Intent
October 28, 2017

Erika Lietzan
Hatch-Waxman Comments – Status Report (Part II)
Objective Intent
October 23, 2017

Erika Lietzan
Hatch-Waxman Comments – Status Report (Part I)
Objective Intent
October 17, 2017

Kevin Madigan
<em>Small Claims Bill Aims to Empower Copyright Owners and Creators
Mister Copyright
October 16, 2017

Erika Lietzan
Data Exclusivity for Medical Devices
Objective Intent
October 10, 2017

Adam Mossoff & David Lund
The Problems With the PTAB
IAM Magazine
October 1, 2017

Kristen Osenga
The Patent Conundrum
Washington Times
October 1, 2017

Kevin Madigan
New Report Highlights Danger of Stream-Based Infringement
Mister Copyright
September 23, 2017

Kevin Madigan
Register of Copyrights Selection and Accountability Act: A Step Towards a Modern Copyright Office
Copyright & New Media Law
Fall 2017

Erika Lietzan
FDA Law SSRN Reading List (August 2017)
Objective Intent
September 14, 2017

Adam Mossoff
Patent Unfairness
RealClearPolitics
September 9, 2017

Erika Lietzan
FDA’s Reliance on User Fees
Objective Intent
September 4, 2017

Kevin Madigan
Stream Ripping Emerges as the New Face of Music Piracy
Mister Copyright
August 31, 2017

David Lund
CPIP Founder Adam Mossoff Files Amicus Brief on Behalf of 27 Law Professors in Oil States
CPIP Blog
August 31, 2017

Andrew Levey
New Oxygen Machine Technology Confronts Blackouts in Emerging Nations
CPIP Blog
August 30, 2017

Kevin Madigan
Mayweather v. McGregor Warrants Preemptive Anti-Piracy Efforts
CPIP Blog
August 23, 2017

Erika Lietzan
ANDAs Before Hatch-Waxman
Objective Intent
August 19, 2017

Devlin Hartline
Court Confirms the Obvious: Aiding and Abetting Criminal Copyright Infringement Is a Crime
Law Theories
August 16, 2017

Devlin Hartline
The PTAB’s Regulatory Overreach and How it Cripples the Innovation Economy
CPIP Blog
August 16, 2017

Kevin Madigan
CPIP Affiliate Scholar Erika Lietzan Testifies at HJC Hearing on FDA Approval Process
CPIP Blog
August 15, 2017

Gabrielle Eriquez
Nanobiosym’s Gene-RADAR Brings Real-Time Results for Zika Testing
CPIP Blog
August 7, 2017

Erika Lietzan
FDA Law SSRN Reading List (July 2017)
Objective Intent
August 1, 2017

Kevin Madigan
Richard Prince and the Increasingly Permissive Treatment of Infringement
Mister Copyright
July 31, 2017

Erika Lietzan
The Unapproved Drugs Conundrum
Objective Intent
July 24, 2017

Kevin Madigan
International Trade Administration Report Highlights Strong Markets, Persistent Piracy
CPIP Blog
July 18, 2017

Ted Sichelman
Does The Supreme Court Understand The Innovation Economy?
Forbes
July 12, 2017

Erika Lietzan
Could FDA Enforce the “Requirement” to Provide the Biosimilar Marketing Application?
Objective Intent
July 5, 2017

Bhamati Viswanathan
GRIT Leveraged Freedom Chair Brings Mobility to Developing World
CPIP Blog
July 5, 2017

Nick Churchill
Treating Neonatal Jaundice in the Developing World with D-Rev’s Brilliance
CPIP Blog
June 27, 2017

Kevin Madigan
Judgment Against Sci-Hub is a Win for Authors and Publishers
CPIP Blog
June 27, 2017

Erika Lietzan
Origins of the Theory that the “Patent Dance” Might Not Be Required: Omission of Process Patents
Objective Intent
June 27, 2017

Ted Sichelman
Sometimes, Information Wants To Be Expensive
Jotwell
June 26, 2017

Kevin Madigan
As Investment Moves Overseas, the US Must Restore its Gold-Standard Patent System
CPIP Blog
June 22, 2017

David Lund
The STRONGER Patents Act: Important Legislation to Protect Our Innovation Economy
CPIP Blog
June 21, 2017

Erika Lietzan
Sandoz v. Amgen: What The Court Settled, What It Didn’t, And What Might Come Next
Health Affairs Blog
June 19, 2017

Erika Lietzan
Supporting FDA Product Reviews with User Fees Alone
Objective Intent
June 17, 2017

Kevin Madigan
Alliance for Creativity and Entertainment (ACE) Unites to Fight Online Piracy
CPIP Blog
June 14, 2017

David Lund
CPIP Co-Founder Testifies at House Judiciary Committee Hearing on IP
CPIP Blog
June 13, 2017

David Lund & Matthew Barblan
Leveling the Antitrust Playing Field
Washington Times
June 11, 2017

Erika Lietzan
(FDA) User Fee Churn
Notice & Comment
June 11, 2017

Erika Lietzan
Demystifying Drug Importation after Impression v. Lexmark
Patently-O
June 6, 2017

Mark Schultz
Innovation: History’s Great Free Lunch
WIPO Magazine
June 2017

Kevin Madigan
Increase in IP-based Extortion Reveals True Nature of Piracy
Mister Copyright
May 31, 2017

David Lund & Matthew Barblan
Foreign Antitrust Regulators Are Threatening American Innovation
CPIP Blog
May 17, 2017

Mandi Hart
From Star Wars to La La Land: How Intellectual Property Fuels Films
CPIP Blog
May 11, 2017

Adam Mossoff & Bhamati Viswanathan
Explaining Efficient Infringement
CPIP Blog
May 11, 2017

Kevin Madigan
In Defense of an Inclusive IP Conversation
CPIP Blog
May 9, 2017

CPIP Staff
New CPIP Policy Brief: Open-Access Mandates and the Seductively False Promise of “Free”
CPIP Blog
May 4, 2017

Kevin Madigan
An Ever-Weakening Patent System is Threatening the Future of American Innovation
CPIP Blog
April 28, 2017

CPIP Staff
CPIP Publishes Prof. John F. Witherspoon’s Tribute to the Late Judge Giles S. Rich
CPIP Blog
April 27, 2017

CPIP Staff
CPIP & ITIF Launch “Innovate4Health” Policy Research Initiative
CPIP Staff
April 26, 2017

Devlin Hartline
The Drug Innovation Paradox: Matching Incentives to Market Realities
CPIP Blog
April 19, 2017

Jaci Arthur
Meeting the Needs of Rural Africa with Fyodor’s Point-of-Care Testing for Malaria
CPIP Blog
April 17, 2017

David Lund
Junk Science Used to Erode Innovation-Fueling Patent Laws
The Hill
April 9, 2017

David Lund
The Lawless Body – “Prior Judicial Opinions Did Not Bind the PTAB”
CPIP Blog
April 6, 2017

David Lund
Protecting Patients with VanishPoint Retractable Syringes
CPIP Blog
March 30, 2017

Kevin Madigan
Register of Copyrights Selection and Accountability Act is First Step Towards a Modern Copyright Office
CPIP Blog
March 29, 2017

Devlin Hartline
Another Huge Setback in CloudFlare’s Quixotic Campaign to Protect Pirate Sites
CPIP Blog
March 28, 2017

David Lund
Lobbyists Continue to Invoke Discredited Junk Science to Push Patent Legislation
CPIP Blog
March 28, 2017

Bhamati Viswanathan
Event Recap: Great Inventors and the Patent System
CPIP Blog
March 20, 2017

Kevin Madigan
mPedigree Battles Counterfeit Drugs Through Innovative Verification System
CPIP Blog
March 17, 2017

Kevin Madigan
Kodi Software Enabling Widespread Copyright Infringement
CPIP Blog
March 15, 2017

Adam Mossoff
Patents Are Property Rights, Not A “Bizarre Regulatory Lobby”
Townhall
March 13, 2017

Maryna Koberidze
Eye Exams On-the-Go with PEEK
CPIP Blog
March 10, 2017

Bhamati Viswanathan
Global Good’s “Arktek”: A Life-Saving Super-Thermos Vaccine Cooler
CPIP Blog
March 9, 2017

Devlin Hartline
CPIP Scholars Ask Supreme Court to Resist Call to Restrict Venue Choices for Patent Owners
CPIP Blog
March 9, 2017

Kevin Madigan
Trusted Notifier Program Defended Against Misleading Rhetoric
CPIP Blog
March 2, 2017

Devlin Hartline
CPIP’s Sandra Aistars & Scalia Law Alumnae Urge Federal Circuit to Protect Creators and Rein In Fair Use in Oracle v. Google
CPIP Blog
February 28, 2017

David Lund
44 Law, Economics, and Business Professors Urge Supreme Court to take Presumptive Approach to Patent Exhaustion
CPIP Blog
February 24, 2017

Bhamati Viswanathan
Shaping Fair Use to Promote Fair Markets
CPIP Blog
February 24, 2017

Rebecca Cusey
Oracle v. Google: Expansive Fair Use Harms Creators
CPIP Blog
February 23, 2017

Kevin Madigan
What Would Judge Gorsuch Mean for Fair Use?
CPIP Blog
February 23, 2017

Kevin Madigan
CPIP Scholars Join Open Letter Providing IP Guidance for New Administration and Congress
CPIP Blog
February 22, 2017

Erika Lietzan
How Colombia’s Biosimilar Regulation Departs From International Norms
PAHO Pan American Journal of Public Health
February 22, 2017

David Lund
CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole
CPIP Blog
February 21, 2017

Bhamati Viswanathan
Can Copyright Help Fight Censorship in China?
CPIP Blog
February 17, 2017

David Lund
IPO Publishes Analysis of Recently Released Legislative Proposal
CPIP Blog
February 16, 2017

Devlin Hartline
SONA and Songwriters Fight DOJ’s Misguided 100% Licensing Rule
CPIP Blog
February 9, 2017

Devlin Hartline
CPIP Founders File Amicus Brief on Behalf of 11 Law Professors in Converse v. ITC
CPIP Blog
February 3, 2017

David Lund
IPO Proposes Legislative Solution to the Morass of Patent Eligibility
CPIP Blog
February 1, 2017

Kevin Madigan
IP Scholars Explain Why We Shouldn’t Use SurveyMonkey to Select Our Next Register of Copyrights
CPIP Blog
January 31, 2017

Maryna Koberidze
How IP Helps Individuals
CPIP Blog
January 25, 2017

Andrew Baluch & Devlin Hartline
Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees
CPIP Blog
January 23, 2017

David Lund
Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents
CPIP Blog
January 19, 2017

Maryna Koberidze
Creative Upstarts and Startups: How IP Creates Opportunities and Opens Doors
CPIP Blog
January 11, 2017

CPIP Staff
CPIP, USPTO, & Lemelson Center Host “Great Inventors” Panel Discussion at American History Museum
CPIP Blog
January 10, 2017


2016 Essays & Op-Eds

Kevin Madigan
Librarians’ Contradictory Letter Reveals an Alarming Ignorance of the Copyright System
CPIP Blog
December 19, 2016

David Lund
Congress Can Save Software Patents by Repeating One of Its Successes
IPWatchdog
December 11, 2016

Adam Mossoff & Charles Sauer
Congress Saved Software in 1980, and It Should Do It Again Today
The Weekly Standard
December 10, 2016

David Lund
Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System
CPIP Blog
December 9, 2016

David Lund
New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule
CPIP Blog
December 8, 2016

Ryan Holte
Patent Submission Policies: Is it Time to Reconsider Commercialization Communications?
IPWatchdog
November 14, 2016

David Lund
New Paper Addresses Flaws in Patent Holdup Theory
CPIP Blog
November 9, 2016

Kevin Madigan
Digital Single Market Must Protect the Rights of All Authors and Publishers
Mister Copyright
October 31, 2016

David Lund
Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines
CPIP Blog
October 27, 2016

Mark Schultz & Kevin Madigan
It’s Time to Fix the Global Patent System Before It Breaks Under the Weight of New Applications
IPWatchdog
October 24, 2016

CPIP Staff
New CPIP Report: The Global Patent Pendency Problem
CPIP Blog
October 24, 2016

Kristen Osenga
The FTC’s PAE Study: Doing More Harm Than Good
IPWatchdog
October 20, 2016

Kevin Madigan
Content Thief Turned Content Creator Rails Against Piracy
Mister Copyright
October 15, 2016

Devlin Hartline
Second Circuit Brings Some Sanity Back to Transformative Fair Use
CPIP Blog
October 13, 2016

Adam Mossoff
Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung
CPIP Blog
October 12, 2016

Devlin Hartline
FTC’s PAE Study Makes Unsupported Recommendations
CPIP Blog
October 6, 2016

Kevin Madigan
Rejection of DOJ Consent Decree Interpretation is a Win for Songwriters
Mister Copyright
September 28, 2016

Devlin Hartline
Professors Mislead FCC on Basic Copyright Law
CPIP Blog
September 28, 2016

Kevin Madigan
UNITAID’s Request for Suggestions on Breaking Down IP Barriers Ignores Harmful Patent Delay
CPIP Blog
September 26, 2016

Devlin Hartline
Criminal Copyright Infringement is Crime of “Moral Turpitude”
Law Theories
September 26, 2016

Devlin Hartline
Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible
CPIP Blog
September 16, 2016

Kevin Madigan
European Union Draws a Line on Infringing Hyperlinks
Mister Copyright
September 12, 2016

CPIP Staff
Scalia Law Alums Help Arts & Entertainment Advocacy Clinic Draft Influential Amicus Brief
CPIP Blog
September 13, 2016

Sean O’Connor
Google Magenta’s AI Melody and 4 Canadian Songwriters
Means of Innovation
August 29, 2016

Kevin Madigan
Despite What You Hear, Notice and Takedown is Failing Creators and Copyright Owners
CPIP Blog
August 24, 2016

Sean O’Connor
Update to Music Remixing vs. Remastering
Means of Innovation
August 22, 2016

Devlin Hartline
CloudFlare’s Desperate New Strategy to Protect Pirate Sites
CPIP Blog
August 17, 2016

Bhamati Viswanathan
The European Union Extends Copyright in Design—and Critics Balk (Yet Again)
CPIP Blog
August 15, 2016

Sean O’Connor
Music Remixing vs. Remastering: What Was Licensed in the ABS v. CBS Lawsuit?
Means of Innovation
August 1, 2016

CPIP Staff
Law Professors & Economists Urge Caution on VENUE Act in Letter to Congress
CPIP Blog
August 1, 2016

Bhamati Viswanathan
CPIP Scholars File Amicus Brief in Trading Technologies v. CQG
CPIP Blog
July 29, 2016

Kevin Madigan
Letter on FCC Set-Top Box Regulation Once Again Confuses the Issue
CPIP Blog
July 27, 2016

Kevin Madigan
The Dangerous Combination of Content Theft and Malware
Mister Copyright
July 24, 2016

Adam Mossoff & Kevin Madigan
Federal Circuit Brings Some Clarity and Sanity Back to Patent Eligibility Doctrine
CPIP Blog
July 14, 2016

Adam Mossoff
The America Invents Act, a First-to-Invent Patent System, and “Obama-Birther” Accusations
Truth on the Market
July 6, 2016

Erika Lietzan, Kevin Madigan, & Mark Schultz
Proposed CREATES Act Threatens Patent Owners’ Rights
CPIP Blog
July 5, 2016

Devlin Hartline
Do As I Say, Not As I Do: Google’s Patent Transparency Hypocrisy
CPIP Blog
June 30, 2016

Matthew Barblan & Kevin Madigan
Three Years Later, DMCA Still Just as Broken
CPIP Blog
June 30, 2016

Sean O’Connor
No Stairway (Infringement) and the Importance of Shared Design Tools in Innovation
Xconomy
June 29, 2016

Devlin Hartline
Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo
CPIP Blog
June 28, 2016

Devlin Hartline & Kevin Madigan
How Strong Patents Make Wealthy Nations
CPIP Blog
June 24, 2016

Kevin Madigan
Advertiser Pledge Sets Example of Accountability in the Fight Against Piracy
Mister Copyright
June 23, 2016

Devlin Hartline
Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases
IPWatchdog
June 22, 2016

Sean O’Connor
Why “Stairway to Heaven” Doesn’t Infringe “Taurus” Copyright: Analysis & Demo of “Scenes a Faire” Motif Common to Both
Means of Innovation
June 15, 2016

CPIP Staff
IP Scholars to FCC: It’s Not About “The Box”
CPIP Blog
June 15, 2016

Kevin Madigan
Radiohead Video Makes Unauthorized Use of Fictional Characters
Mister Copyright
June 9, 2016

Matthew Barblan & Kevin Madigan
FCC’s Extreme Proposal Threatens the Livelihood of Creators
CPIP Blog
May 25, 2016

Kevin Madigan
Google Image Search and the Misappropriation of Copyrighted Images
Mister Copyright
May 2, 2016

Kevin Madigan & Devlin Hartline
Copyright Policy Should Be Based On Facts, Not Rhetoric
IPWatchdog
April 29, 2016

Mark Schultz & Philip Stevens
How Canada’s Catch-22 Drug-Patent Laws are Stifling Innovation
Financial Post
April 28, 2016

Kevin Madigan & Devlin Hartline
Separating Fact from Fiction in the Notice and Takedown Debate
CPIP Blog
April 25, 2016

Devlin Hartline
Acknowledging the Limitations of the FTC’s PAE Study
CPIP Blog
April 25, 2016

Sandra Aistars
A New Librarian of Congress and a New Copyright Office
CPIP Blog
April 20, 2016

Kristen Osenga
Why the FTC Study on PAEs is Destined to Produce Incomplete and Inaccurate Results
IPWatchdog
April 20, 2016

Sandra Aistars
Intellectual Property Professors Call on Congress to Modernize the Copyright Office
IPWatchdog
April 15, 2016

Rebecca Cusey
Middle Class Artists Want a DMCA System That Works
CPIP Blog
April 1, 2016

Devlin Hartline
Copyright Scholars: Courts Have Disrupted the DMCA’s Careful Balance of Interests
CPIP Blog
April 1, 2016

Adam Mossoff
Weighing the Patent System
Washington Times
March 24, 2016

Devlin Hartline
Changes to Patent Venue Rules Risk Collateral Damage to Innovators
CPIP Blog
March 22, 2016

Adam Mossoff & Devlin Hartline
No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful
The Hill
March 9, 2016

Chris Holman
Copyright for Engineered DNA (Part 1, Part 2, Part 3)
GQ Life Sciences
February 23 – March 8, 2016

Kevin Madigan
Artur Fischer’s Life Illustrates the Power of Invention
CPIP Blog
February 9, 2016

Devlin Hartline
Attacking the Notice-and-Staydown Straw Man
CPIP Blog
February 3, 2016

Kristen Osenga
Patent ‘Reform’: What We Need First Is A Role Reversal
ACSblog
January 26, 2016

Devlin Hartline
Notice-and-Staydown and Google Search: The Whack-A-Mole Problem Continues Unabated
CPIP Blog
January 17, 2016

Devlin Hartline
Endless Whack-A-Mole: Why Notice-and-Staydown Just Makes Sense
CPIP Blog
January 14, 2016

Rebecca Cusey
Jennifer Lawrence Movie “Joy” Highlights the Need for Patent Protection
CPIP Blog
January 7, 2016

Devlin Hartline
How Patents Help Startups Grow, Innovate, and Succeed
CPIP Blog
January 6, 2016


2015 Essays & Op-Eds

Devlin Hartline
One Step Closer to Mega Justice: Kim Dotcom Loses Extradition Hearing
Law Theories
December 23, 2015

Devlin Hartline
BMG v. Cox: ISP Liability and the Power of Inference
Law Theories
December 20, 2015

Devlin Hartline & Matthew Barblan
Protecting Artists from Streaming Piracy Benefits Creativity and Technology
The Hill
December 10, 2015

Devlin Hartline
Principles and Priorities to Guide Congress’s Ongoing Copyright Review
CPIP Blog
December 8, 2015

Adam Mossoff
Repetition of Junk Science & Epithets Does Not Make Them True
IPWatchdog
November 19, 2015

Mark Schultz
Debunking Myths About the Proposed Federal Trade Secrets Act
CPIP Blog
November 17, 2015

Adam Mossoff & Devlin Hartline
State Laws on Patent Demand Letters are Unnecessary Threats to the Innovation Economy
Morning Consult
October 16, 2015

Terrica Carrington
Strong IP Protection Provides Inventors and Creators the Economic Freedom to Create
IPWatchdog
October 15, 2015

Devlin Hartline & Terrica Carrington
Let’s Get Real About Kim Dotcom: The Indictment Clearly Alleges Felony Copyright Infringement
CPIP Blog
September 22, 2015

Devlin Hartline
Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators
CPIP Blog
September 16, 2015

Brad Sheafe
Google’s Patent Starter Program: What it Really Means for Startups
CPIP Blog
September 8, 2015

Devlin Hartline
The MovieTube Litigation: Who Needs SOPA?
Law Theories
August 31, 2015

Devlin Hartline
Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation
IPWatchdog
August 30, 2015

Terrica Carrington & Devlin Hartline
Patent Licensing and Secondary Markets in the Nineteenth Century
CPIP Blog
August 14, 2015

Adam Mossoff
Statement of Professor Adam Mossoff on Akamai v. Limelight
CPIP Blog
August 13, 2015

Devlin Hartline
Creators, Innovators, and Appropriation Mechanisms
CPIP Blog
August 11, 2015

Matt McIntee
Making Copyright Work for Creative Upstarts
CPIP Blog
August 4, 2015

Devlin Hartline & Matthew Barblan
Digital Goods and the ITC: The Most Important Case That Nobody is Talking About
CPIP Blog
July 29, 2015

Adam Mossoff
It’s Time to Say “No” to Junk Science in the Patent Policy Debates
CPIP Blog
July 15, 2015

Devlin Hartline
How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms
CPIP Blog
July 6, 2015

Patent Publius
Federal Circuit Threatens Innovation: Dissecting the Ariosa v. Sequenom Opinion
CPIP Blog
June 23, 2015

Adam Mossoff
Supreme Court Recognizes that Patents are Property
CPIP Blog
June 22, 2015

Devlin Hartline
Unintended Consequences of “Patent Reform”: The Customer Suit Exception
CPIP Blog
June 16, 2015

Chris Holman
Federal Circuit Decides Ariosa, and It’s Not Good News for Innovation in the Life Sciences
Holman’s Biotech IP Blog
June 12, 2015

Devlin Hartline
CloudFlare Enjoined From Aiding Infringers: Internet Unbroken
CPIP Blog
June 11, 2015

Adam Mossoff & Mark Schultz
Don’t Pull Up the Ladder: Congressional Inventors Should Oppose Weakening Patents
IPWatchdog
June 10, 2015

Mark Schultz & Devlin Hartline
Copyright’s Republic: Promoting an Independent and Professional Class of Creators and Creative Businesses
CPIP Blog
June 5, 2015

Mark Schultz & Devlin Hartline
Copyright’s Republic: Copyright for the Last and the Next 225 Years
CPIP Blog
June 5, 2015

Sean O’Connor et al.
Overdue Legal Recognition for African-American Artists in ‘Blurred Lines’ Copyright Case
Seattle Times
May 20, 2015

Adam Mossoff
Why Intellectual Property Rights? A Lockean Justification
Library of Law & Liberty
May 4, 2015

Kristen Osenga
Goodlatte and Google or the Good of the Economy?
Richmond Times-Dispatch
April 10, 2015

Adam Mossoff
Junk Science Still Front and Center in Push to Weaken Patents
The Hill
February 13, 2015

CPIP Staff
CPIP Supports Guidelines for the Protection of Fundamental IP Rights
CPIP Blog
February 2, 2015

Adam Mossoff
Reality Check: Weakening Wireless Technology Patents Hurts Everyone
RCR Wireless
January 28, 2015

Kristen Osenga
Congress Should Regulate Behavior, Not Business Models, When Crafting Patent Legislation
The Hill
January 27, 2015

Richard Epstein
Controlling Chinese Antitrust Abuses Against Foreign Patent Owners Requires Us to Make Sound Decisions At Home
Forbes
January 8, 2015


2014 Essays & Op-Eds
Chris Holman
The Courts and Patent Office are Killing Medical Innovation
The Hill
November 14, 2014CPIP Staff
Cohen et al. “Patent Trolls” Study Uses Incomplete Data, Performs Flawed Empirical Tests, and Makes Unsupportable Findings
CPIP Blog
November 12, 2014Mark Schultz
Bridging the Innovation Gap
The Hindu
November 4, 2014CPIP Staff
IP Promotes Progress by Securing the Individual Liberty of Inventors and Creators
CPIP Blog
October 20, 2014

CPIP Staff
The Common Economic Case for Patents and Copyrights
CPIP Blog
October 19, 2014

Adam Mossoff & Mark Schultz
Intellectual Property Unites Creators and Innovators
CPIP Blog
October 17, 2014

Kristen Osenga
Policy Makers Must Realize Not All Licensing-Based Businesses Are the Same
IAM Magazine
October 1, 2014

Adam Mossoff & Mark Schultz
Intellectual Property, Innovation and Economic Growth: Mercatus Gets it Wrong
CPIP Blog
August 28, 2014

Adam Mossoff & Mark Schultz
Intellectual Property and Economic Prosperity: Friends or Foes?
TechPolicyDaily
August 27, 2014

Mark Schultz
Aereo Decision a Boon, Not a Bane for Innovation
American Enterprise Institute
June 26, 2014

Mark Schultz
Supreme Court Says Aereo Has to Play by the Rules
CPIP Blog
June 25, 2014

Matthew Barblan
Alice Gets the Most Important Question Right
CPIP Blog
June 19, 2014

Adam Mossoff
Tesla’s New Patent Policy: Long Live the Patent System!
CPIP Blog
June 17, 2014

Adam Mossoff
Thomas Edison Was a “Patent Troll”
Slate
May 19, 2014

Adam Mossoff & Brian O’Shaughnessy
Supreme Court Revises Fee-Shifting Rules in Patent Cases: Weeding out Bad Actors in a Level Playing Field
CPIP Blog
May 6, 2014

Adam Mossoff
Demand Letters and Mandatory Disclosures: First Amendment Concerns
CPIP Blog
April 29, 2014

Adam Mossoff
A Historical Perspective of Patent Litigation: Continued Innovation & Recurrent Controversy
CPIP Blog
April 11, 2014

Steven Tjoe
The Unintended Consequences of Patent “Reform”
CPIP Blog
April 4, 2014

Steven Tjoe
An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms
CPIP Blog
April 3, 2014

Steven Tjoe
Taking a Whack at the DMCA: The Problem of Continuous Re-Posting
CPIP Blog
March 14, 2014

Mark Schultz
Time to Revise the DMCA: The Most Antiquated Part of the Copyright May Be One of the Newest
TechPolicyDaily
March 13, 2014

Mark Schultz
A Free Market Perspective on Intellectual Property Rights
TechPolicyDaily
February 24, 2014

Sean M. O’Connor
Crowdfunding’s Impact on Start-Up IP Strategy
CPIP Blog
February 24, 2014

Steven Tjoe
Two More Reasons to Think Twice Before Changing Our Patent System
CPIP Blog
January 17, 2014


2013 Essays & Op-Eds
Adam Mossoff & Mark Schultz
Congress is Weakening Patents and Threatening to Kill the Innovation Economy
The Hill
December 9, 2013
Adam Mossoff
The Sewing Machine Patent Wars: What a 19th-Century Episode Tells Us About Smartphone Litigation Today
Slate
December 3, 2013

Matthew Barblan
Copyright is Still Essential to a Free Market in Creative Works
CPIP Blog
November 14, 2013

Adam Mossoff
The Nadir of “Patent Troll” Rhetoric
CPIP Blog
November 13, 2013

Mark Schultz
Mercatus’s Unhelpful Business Advice to the Creative Industries
CPIP Blog
October 18, 2013

Adam Mossoff
GAO Report Confirms No “Patent Troll” Litigation Problem
CPIP Blog
October 4, 2013

Adam Mossoff
Anti-Patent Bias in Applying Injunction Test Results in Another District Court’s Reversal – Aria Diagnostics v. Sequenom (Fed. Cir. Aug. 9, 2013)
CPIP Blog
August 19, 2013

Adam Mossoff
The Myth of the “Patent Troll” Litigation Explosion
CPIP Blog
August 12, 2013

Adam Mossoff
“Funny Math” Still Infecting Scholarship on Patent Cases in the ITC
CPIP Blog
August 9, 2013

Adam Mossoff
The Value of Injunctions – Douglas Dynamics v. Buyers Products Co. (Fed. Cir. May 21, 2013)
CPIP Blog
July 25, 2013

Wayne Sobon
Guest Post by Wayne Sobon: A Line in the Sand on the Calls for New Patent Legislation
CPIP Blog
June 24, 2013

Adam Mossoff
A Century-Old Form of Patent
New York Times
June 6, 2013

Adam Mossoff
Some Recommended Books on Scientists, Inventors and Innovators
CPIP Blog
April 12, 2013

Adam Mossoff
How Copyright Drives Innovation in Scholarly Publishing
CPIP Blog
April 6, 2013

Chris Holman
A Critique of a Recent Article Which Found That Sequence Patents Cover the Entire Human Genome
Holman’s Biotech IP Blog
April 5, 2013

Adam Mossoff
Patents are Property Rights
The Freeman
April, 2013

Chris Newman
Summary of Kirtsaeng v. John Wiley & Sons by Professor Chris Newman
CPIP Blog
March 21, 2013

Adam Mossoff
The SHIELD Act: When Bad Economic Studies Make Bad Laws
CPIP Blog
March 15, 2013

Adam Mossoff
Today’s Software Patents Look a Lot Like Early Pharma Patents
CPIP Blog
January 28, 2013

Adam Mossoff
The “Patent Litigation Explosion” Canard
CPIP Blog
January 28, 2013

Adam Mossoff
The “Common Law Property” Myth in the Libertarian Critique of IP Rights (Part 1, Part 2)
CPIP Blog
January 28, 2013

Adam Mossoff
Some Historical Perspective on Today’s High-Tech Patent Wars
CPIP Blog
January 28, 2013

Mark Schultz
Copyright Reform Through Private Ordering
CATO Unbound
January 14, 2013

Adam Mossoff
Patented Innovation and Patent Wars: Some Historical Perspective
A Smarter Planet
January 11, 2013


2012 Essays & Op-Eds
Mark Schultz
Copyright, Economic Freedom and the RSC Policy Brief
CPIP Blog
November 20, 2012