Publications

Books

  • Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line, eBook (2015)
  • Managing Intellectual Property in Technology Companies, eBook (2012)
  • The United States Court of Appeals for the Federal Circuit: A History 1991 – 2002, chapters on Patent and Trademark Cases (2003)
  • International Information Technology Law, chapter on United States Contracts for Products and Services, Center for International Legal Studies (1997)

Articles

  • Taming the Trolls, 11 IPPro 21 (2018)
  • A Brief Biography of Giles Sutherland Rich, 3 Fed. Cir. Hist. Soc. J. 9 (2009
  • Upcoming Supreme Court case may affect patents, Mass. High Tech (September 29, 2006)
  • The One Thing Judge Rich Wanted Everyone to Know About Patent Law, 9 Fed. Cir. Bar J. 97 (2000)
  • Section 337 and the GATT: The Problem or the Solution?, 42 Am. U. L. Rev. 779 (1993)

Foley Hoag Alerts and Blog Articles

  • Supreme Court in Minerva Surgical Inc. v. Hologic Inc., Upholds but Limits the Scope of the Equitable Doctrine of Assignor Estoppel (June 30, 2021)
  • Supreme Court in United States v. Arthrex Salvages Administrative Patent Judge Statute, Declares PTO Director Can Review Final Written APJ Panel Decisions (June 23, 2021)
  • Federal Circuit Upends Some IPRs in Holding Appointment of Administrative Patent Judges Unconstitutional (November 4, 2019)
  • Federal Circuit Rejects State Sovereign Immunity Defense to Inter Partes Review (June 19, 2019)
  • USPTO, Copyright Office and Federal Courts Will Continue to Stay Open During the Shutdown (January 18, 2019)
  • Supreme Court Permits Award of Foreign Lost Profits When Patented Components Are Assembled Outside the U.S. (June 26, 2018)
  • Implications of SCOTUS Opinions on Constitutionality, Scope of Inter Partes Reviews (May 2, 2018)
  • Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation (May 23, 2017)
  • Supreme Court Holds Equitable Laches is No Longer Available to Limit Patent Damages (March 23, 2017)
  • The Cost-Effectiveness of PTAB Proceedings( November 11, 2015)
  • The remarkable effectiveness of Alice v CLS Bank challenges at the PTAB (October 23, 2015)
  • What Did the Court Really Say About Patent Eligibility? (June 23, 2014)
  • Closely Watched Appeals Court Ruling Provides Limited Guidance on Future of Computer and Software Patents (May 31, 2013)
  • Supreme Court Clarifies Scope of Patentable Inventions (June 28, 2010)


Published Reports and Papers

  • Implications of Alice Corp. v. CLS Bank (United States Supreme Court June 19, 2014), AIPPI World Congress (September 19, 2014)
  • Patent Protection in the Biotechnology Industry after KSR Int'l Co. v. Teleflex, Inc., Boston Patent Law Association (May 7, 2008)
  • Patent Injunctions one year after eBay v. MercExchange, Suffolk High Technology Law Conference (April 20, 2007)
  • The role of equivalents and prosecution history in defining the scope of patent protection, International Association for the Protection of Intellectual Property Report Q. 175 (October 25, 2003)
  • Electronic Evidence and Art: What do you do with it when you get it?, American Intellectual Property Law Association 2002 Annual Meeting (October 17, 2002)
  • Legal Issues Raised by the Peer Review System, American Type Culture Collection, Biotech Patent Forum (September 15, 1997)
  • Choice of Forum and Cross Border Injunctions in the United States, Union Internationale des Avocats Annual Congress (September 6, 1997)