Joseph Miller
Associate Professor
(Photo from Felipe, at Flickr.)
My C.V.
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.
Hoisting Originality, 31 Cardozo L. Rev. 451 (2009)
Level of Skill and Long-Felt Need: Notes on a Forgotten Future, 12 Lewis & Clark L. Rev. 579 (2008)
Remixing Obviousness, 16 Texas Intell. Prop. L.J. 237 (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)
Patent Ships Sail an Antitrust Sea, 30 Seattle U. L. Rev. 395 (2007)
Foreword: Why Open Access to Scholarship Matters, 10 Lewis & Clark L. Rev. 733 (2006)
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]
Building a Better Bounty: Litigation-Stage Rewards for Defeating Patents, 19 Berkeley Technology Law Journal 667 (2004)
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).
The Historical Roots of Patent Prosecution Laches, Oregon Intellectual Property Newsletter, Spring 2002, at 8.
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).
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).
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.
"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, 2007
Program HandOut, Remixing Obviousnesss
Patent Power With Distributors & End-Users, Oregon Patent Law Association Annual Meeting, Dec. 19, 2007
KSR - Nonobviousness, a Year Later, Utah State Bar I.P. Section, March 14, 2008
Program HandOut, KSR a Year Later
Hoisting Originality, Works in Progress I.P. Conference, Tulane Law School, Oct 3, 2008
Program HandOut, Hoisting Originality
Licensing Consequences of MedImmune, FTC Hearing: The Evolving IP Marketplace, Dec 5, 2008*
Written testimony submitted to the FTC on Dec 5, 2008
* You can obtain more materials from this FTC hearing series here.
•• An epub doc test.
Contact
Joseph Miller’s office is in room 321 of Law School.
email jsmiller@lclark.edu
voice 503-768-6805
Joseph Miller
10015 S.W. Terwilliger Boulevard
Portland, Oregon 97219
