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19 Mar 2017, 5:26 pm
Ted Sichelman, University of San Diego School of Law As Patently-O has described in several posts (here, here, here), the Supreme Court is poised to decide the fate of the patent exhaustion doctrine in Impression Products v. [read post]
17 Jan 2017, 9:30 pm
Shyam Balganesh, Ted Sichelman and Henry Smith (Cambridge University Press, 2018):Wesley N. [read post]
30 Aug 2016, 12:53 pm
This approach to calculating patent royalties is similar in many ways to that advocated by Ted Sichelman for all patent cases, as discussed on this blog in June.Brennan et al. tie their argument to a concrete case: Gilead's new drugs for treating the Hepatitis C virus, which is "one of the most pressing health problems facing the United States. [read post]
11 Aug 2016, 10:25 am
Or we could explicitly limit utility patent to tech innovation and be rigorous about it w/in patent too.Q: Ted Sichelman: a lot of this goes back to historical differentiation of guilds, dividing tech and fine arts. [read post]
7 Jul 2016, 3:30 am
Ted Sichelman When a patent holder does not manufacture or sell a product, it cannot seek “lost profits” in the event the patent is infringed. [read post]
10 Jun 2016, 9:40 am
Tying back to Ted Sichelman's paper, those measures can include the cost to the claimant of conferring the benefit. [read post]
12 Apr 2016, 5:16 am
It seems crystal clear.Not so, according to Jonathan Barnett (USC) and Ted Sichelman (San Diego). [read post]
4 Apr 2016, 9:31 am
(Of course, as Ted Sichelman nicely summarizes, we think the negative distributional effect of patents will be replicated by any system that taxes users of the technology—marginal cost pricing can only be obtained by requiring consumers to broadly subsidize each other's technology use, which is the whole idea of government health care and other health insurance programs.)Menell continues this analysis for the other main areas of IP law. [read post]
23 Mar 2016, 2:35 pm
Rev. 341 (2010) 2 96 Lemley, Mark A.; Risch, Michael; Sichelman, Ted; Wagner, R. [read post]
12 Mar 2016, 9:01 am
Ted Sichelman, “Patents, Prizes, and Property Rules”: recent scholarship questions sharp distinctions between patents and prizes. [read post]
11 Mar 2016, 7:55 am
Sichelman said the same thing about remedies. [read post]
9 Mar 2016, 7:52 am
At New Private Law, Ted Sichelman has compiled a list of the most-cited torts articles of the past 25 years. [read post]
28 Jan 2016, 6:13 pm
Thanks to John Allison, Jim Bessen, Miriam Bitton, Colleen Chien, Ralph Clifford, Wes Cohen, Jorge Contreras, Dennis Crouch, Mark Davison, Rochelle Dreyfuss, James Grimmelman, Ariel Katz, Brian Love, David Opderbeck, Lisa Larrimore Ouellette, Michael Risch, Josh Sarnoff, Jason Schultz, Dave Schwartz, Ted Sichelman, Matt Spitzer, and Jennifer Urban, among many others, for helpful comments and suggestions.And one has the textFinally, we are mindful of the need to protect the role of… [read post]
1 Oct 2015, 7:07 am
Alan Marco (Chief Economist, PTO), Shawn Miller (Stanford Law Fellow), and Ted Sichelman (San Diego) have attempted to tackle this question with respect to patent litigation. [read post]
14 Sep 2015, 2:43 pm
Ted Sichelman at USD has compiled a list of the Top 25 Contracts Law Review Articles published in the last 25 years in terms of academic citations. [read post]
13 Sep 2015, 6:46 pm
Guest Post by Ted Sichelman, Professor of Law and Director of the Technology Entrepreneurship and Intellectual Property Clinic and Center for Intellectual Property Law & Markets at the University of San Diego School of Law, and Shawn Miller, Lecturer in Law and Teaching Fellow in Law, Science & Technology at Stanford Law School As Patently-O has described in detail (e.g., here and here), patent litigation rates have been in flux over the last several years. [read post]
26 Aug 2015, 8:25 am
Schwartz, Northwestern Law School, and Ted M. [read post]
20 Jul 2015, 3:30 am
Ted Sichelman In the 19th century, legal scholarship focused on legal doctrine. [read post]
3 Jul 2015, 4:39 am
Over at New Private Law Blog, Janet Freilich and Ted Sichelman are having a fun exchange about patent searches. [read post]
11 May 2015, 6:00 am
" As Ted Sichelman has noted, fee shifting likely just means consolidation to larger enforcement companies that can cover fees.In sum: a) we throw out an important legal rule - selectively, no less, b) inventors get less, and c) defendants still get sued, only by more and bigger NPEs that can afford it. [read post]
