ACADEMIC EXPERIENCE
- Academic Visitor, University of Oxford, Faculty of Law (Trinity Term 2011)
- Visiting Research Fellow, Oxford Intellectual Property Research Centre (Trinity Term 2011)
- Resident Scholar, U.C. Hastings College of the Law (2009-10, 2010-11)
Courses Taught:
Property
Civil Procedure
Evidence
Electronic Discovery - Adjunct, Boalt Hall, UC Berkeley, “Pretrial Civil Litigation” (Spring 2005)
- Visiting Scholar, Stanford Law School (Spring 1997)
- ERASMUS Intensive Course on Legal Reasoning, Lund, Sweden (June 1996)
- Center for Applied Philosophical and Educational Research (1987-1990)
Assistant director and team leader for grant-funded “laboratory” for philosophy students. Created, designed and coded commercially distributed software (Stalking the Ripper with Reason and Money Pit Madness) to teach critical reasoning skills. Featured in cover article in The Chronicle of Higher Education; presented software at IBM-sponsored educational software conferences in New York and Los Angeles.
PUBLICATIONS
- “Controlling the ‘Plague’: Reforming the Doctrine of Inequitable Conduct,” Berkeley Technology Law Journal (Spring 2010)
- “The Federal Circuit and Inequitable Conduct,” Intellectual Property Litigation (ABA, Spring 2008)
- [BOOK] Using Legislative History in American Statutory Interpretation (Kluwer Law International 2002)
During the 20th Century, the U.S. Supreme Court has alternately embraced and shunned the use of legislative history in statutory interpretation. Yet the theoretical support for its use remains problematic. The usual equation of legislative history and legislative intention leads to misconceptions on all sides of the issue. I conclude that legislative history should be a permissible tool in statutory interpretation, but does not gain its relevance or authoritativeness through reference to legislative intention. - Note, “Here Today, Gone Tomorrow: The Timing of Contacts for Jurisdiction and Venue Under 28 U.S.C. § 1391,” 78 Cornell L. Rev. 708 (1993)
- Coauthor, Stalking the Ripper With Reason (St. Martin’s Press 1991) (educational software to teach critical reasoning skills)
- Coauthor, Treasure Haunt (St. Martin’s Press 1991) (educational software to teach critical reasoning skills)
AMICUS BRIEFS
- Therasense, et al. v. Becton Dickinson & Co., et al., Federal Circuit Case No. 2008-1511,
Amicus Brief of Nine IP Law Professors In Support of En Banc Review of Inequitable Conduct (filed March 8, 2010)
Amicus Brief of Intellectual Property Law Professors Concerning En Banc Review of Inequitable Conduct (filed July 30, 2010)
BLOG POSTS
- “5 Business Model Innovations Solos Need to Truly Compete with BigLaw,” ABA Journal (September 30, 2010) (runner-up in 2010 ABA Legal Rebels Essay Contest)
- “Therasense v. BD: En Banc Support from Law Professors,” Patently-O (March 19, 2010)
- “Inequitable Conduct Ruling Gives Pleading Rules Real Teeth,” IPWatchdog.com (August 6, 2009)
- “SCOTUS Will Not Decide Inequitable Conduct,” IPWatchdog.com (April 27, 2009)
- “A Call to Reform Inequitable Conduct This Year,” IPWatchdog.com (April 9, 2009)
SPEAKING ENGAGEMENTS
- “Controlling the ‘Plague’: Reforming Inequitable Conduct,” IP Scholars Conference, Cardozo School of Law (August 2009)
- “Closing the Barn Door?” moderator for panel discussion on patent reform at ABA Annual Meeting, Atlanta, GA (August 2004)
- “What You Should Know Before Filing A Patent Infringement Lawsuit,” co-presenter to the ABA Annual Meeting, Section of Litigation, IP Litigation Committee (August 2003)
- Frequent speaker on intellectual property litigation topics, including:
- Preparing for the Rule 16 / Rule 26 Conference
- Using Evidence in a Patent Trial
- IP Litigation Best Practices
- Litigating Patent Cases in Delaware
- Preserving Issues for Appeal
- Privilege and Waiver
- Advanced Appellate Briefwriting
