JOSEPH SCOTT MILLER, Associate Professor
(Photo from Felipe, at Flickr.) Full C.V.
C.V. My SSRN Page
http://ssrn.com/author=104702 Blogging
I blog at The Fire of Genius. Materials for Property Law, Fall 2007
Property Law, Fall 2007 Course Page Materials for Intellectual Property Law Survey, Fall 2007
Intellectual Property Law Survey, Fall 2007 Course Page Materials for Jurisprudence: Interpretation, Spring 2008
Jurisprudence: Interpretation, Spring 2008 Course Page Materials for Patent Law & Policy, Spring 2008
Patent Law & Policy Spring 2008 Course Page Publications
Below is a list of my current publications. For each listed publication, I have provided a link that pulls up a "pdf" copy of the publication. For some of the older pieces, the "pdf" file is a scanned image and thus a larger file. Remixing Obviousness, 16 Texas Intell. Prop. L.J. __ (forthcoming 2007) "Remixing Obviousness" Article Standard Setting, Patents, and Access Lock-In: RAND Licensing and the Theory of the Firm, 40 Indiana L. Rev. 351 (2007) "Standard Setting" Article Patent Ships Sail an Antitrust Sea, 30 Seattle U. L. Rev. 395 (2007) "Patent Ships" Article Foreword: Why Open Access to Scholarship Matters, 10 Lewis & Clark L. Rev. 733 (2006) "Why Open Access" Article Enhancing Patent Disclosure for Faithful Claim Construction, 9 Lewis & Clark L. Rev. 177 (2005) [symposium contribution] "Enhancing Patent Disclosure" Article The Proven Key: Roles & Rules for Dictionaries in the Patent Office & the Courts, 54 American University Law Review 829 (2005) [with James A. Hilsenteger] "Proven Key" Article Building a Better Bounty: Litigation-Stage Rewards for Defeating Patents, 19 Berkeley Technology Law Journal 667 (2004) "Better Bounty" Article This Bitter Has Some Sweet: Potential Antitrust Enforcement Benefits from Patent Law's Procedural Rules, 70 Antitrust Law Journal 875 (2003). "Bitter Has Some Sweet" Article Allchin's Folly: Exploding Some Myths About Open Source Software, 20 Cardozo Arts & Ent. L.J. 491 (2002). "Allchin's Folly" Article The Historical Roots of Patent Prosecution Laches, Oregon Intellectual Property Newsletter, Spring 2002, at 8. "Patent Prosecution" Article The Expert as Educator [with Ronald J. Allen], in Expert Witnesses in Child Abuse Cases (Ceci & Hembrooke eds., 1998). "Expert as Educator" Book Chapter Muddy Waters: Infringement Analysis After Markman and Warner-Jenkinson [with Clyde F. Willian], 7 Fed. Cir. B.J. 227 (1997). "Muddy Waters" Article The Expert as Educator: Enhancing the Rationality of Verdicts in Child Sex Abuse Prosecutions [with Ronald J. Allen], 1 Psychol., Pub. Pol'y, & L. 323 (1995). "Expert as Educator" Article The Common Law Theory of Experts: Deference or Education? [with Ronald J. Allen], 87 Nw. U. L. Rev. 1131 (1993). "Common Law Theory of Experts" Article Presentations & Testimony
Below is a list of presentations I have made or testimony I have provided. For each such item, I have provided a link that calls up a "pdf" file of the written version of my work. This Bitter Has Some Sweet: Antitrust Enforcement Benefits from Patent Law's Procedural Rules, presented to USDOJ/FTC Joint Hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy, May 14, 2002 (Afternoon Session). "Bitter Has Some Sweet" Testimony Equivalent Infringement: Festo, J&J, and Beyond, Oregon Law Institute CLE Seminar (Sept. 20, 2002), 50+ participants. OLI Program PowerPoint Slides "The Legal Opinion Behind Your Marketplace Statements About Patent Rights: Can Accused Infringers Compel Disclosure?", part of Fifth Lewis & Clark Law School Intellectual Property Conference, Feb. 5, 2003 (Oregon Law Institute). Program HandOut: "Marketplace Statements" "Patent Prosecution Client Conflicts: Screening & Strategies", part of Practical Issues in Intellectual Property, sponsored by Oregon State Bar, April 17, 2003. Program HandOut: Prosecution Conflicts Leaving the Chancellor's Shadow: A Reasonable Royalty Rule for Technical Standards Patents, Oregon State Bar CLE Seminar (July 23, 2003), 35+ participants. Program HandOut: "Leaving the Chancellor's Shadow" Beyond Festo: Continuing Case Law Developments in the Doctrine of Equivalents, Washington State Patent Law Association / Oregon Patent Law Association Joint Meeting (April 22-23, 2005), 85+ participants. Program HandOut, "Beyond Festo" Federal Circuit Year in Review 2005, Washington State Patent Law Association CLE Lunch (Jan. 18, 2006), 100+ participants Program HandOut, "Federal Circuit Year in Review 2005" Putting the Law (Back) in Patent Law: The October 2005 Term of the Supreme Court, Oregon Patent Law Association CLE Lunch (June 29, 2006), 35+ participants. Program HandOut, "Putting the Law (Back) ..." Changing Patent Law, AeA Technology & IP Committee Meeting ("How the Changing Patent Landscape Will Affect Your Business"), March 14, 2007, 50+ participants. Program HandOut, "Changing Patent Law" Nonobviousness, Situationism, and the Banality of Invention, 7th Annual CIPLIT Symposium, DePaul University Law School, March 16, 2007. Program HandOut, "Nonobviousness, Situationism ..." Putting the Law (Back) in Patent Law: Some Thoughts on the Supreme Court's MedImmune Decision, Washington State Patent Law Association CLE Lunch (March 21, 2007), 120+ participants. Program HandOut, "Supreme Court's MedImmune Decision" What if Joe Meigs Had Written the Nonobviousness Statute?, 4th Annual IP & Communications Law Program Symposium: "What Ifs and Other Alternative IP and Cyberlaw Stories," Michigan State University Law School, March 30, 2007 Program HandOut, "What if Joe Meigs ..." Remixing Obviousness, 7th Annual Intellectual Property Scholars Conference, DePaul University College of Law, Aug 9, 2004 Program HandOut, Remixing Obviousnesss
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