Patent Law Professor @Mizzoulaw. Patently-O. Writing on IP, AI, CivPro & legal ethics. Teaching tomorrow's lawyers. Exploring mythic journeys. Ski and Dance
Columbia Missouri USA
Joined November 2008
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We've got a great opening for a Partner or Senior-Level Patent Attorney in the Boise area or fully remote. Check out this and many more patent law jobs on Patently-O's job board! patentlyo.com/jobs
Hey law students - if you're diving into patent law or IP, I'd love to have you reading Patently-O. We offer free subscriptions for students. Just reach out and let me know you're a student. patentlyo.com/login-2
The Federal Circuit just wrestled with a wild jurisdictional question at oral argument in T-Mobile v. KAIFI: does a Texas contract dispute over an EPR settlement count as patent litigation? My new post explores where the Gunn boundary line might land. patentlyo.com/patent/2026/05…
I believe quality patent law analysis shouldn't depend on your paycheck. That's why Patently-O offers free subscriptions for anyone earning under $75K annually. Good information should be accessible to everyone. patentlyo.com/login-2
New post on the blog: The Federal Circuit just affirmed a § 101 dismissal in TJTM's vehicle-pairing case - and here's the thing, an oral argument concession essentially decided it before the merits were even briefed. Worth a read if you're tracking how c… patentlyo.com/patent/2026/05…
Looking back at Gary Odom's toolbar patent case from 2011 - the Federal Circuit's reasoning on claim scope still feels prescient. Worth revisiting how courts parse software patents. patentlyo.com/patent/2011/05…
The Federal Circuit just reinforced what many drafters fear: "about" and "substantially" are indefinite when your specification sends mixed signals. New post on Enviro Tech v. Safe Foods - a cautionary tale for claim drafting precision. patentlyo.com/patent/2026/05…
New blog post up: For the first time since the AIA, ex parte reexam requests have surpassed IPR petitions. What's driving this shift? The PTO's expanded discretionary-denial regime. Law professors - are your students tracking this evolution in post-grant… patentlyo.com/patent/2026/05…
What are law professors assigning on Federal Circuit en banc petitions? Six pending cases touch eligibility, Rule 702, ANDA infringement, standing, and design patent issues. My latest post breaks down what's at stake. patentlyo.com/patent/2026/05…
The Samsung v. ZTE ruling shows how FRAND obligations now intersect with US export controls. Judge Meade applies InterDigital's framework to sanctions concerns - a development with major implications for Huawei and international licensing. New post up. patentlyo.com/patent/2026/05…
We've got a great opening for a Senior Patent Attorney focused on Wi-Fi Technologies in Reston, VA. Check out this and many more patent law jobs on the Patently-O job board! patentlyo.com/jobs
New post on Hikma v. Amarin: the SG's argument reveals something fascinating about induced infringement doctrine - how collapsing intent and conduct elements could reshape pharma litigation. Worth your attention. patentlyo.com/patent/2026/04…
Tracking a dozen IP cases headed to SCOTUS - section 101, PTO authority, Federal Circuit jurisdiction and more. The docket is crowded and the stakes are high. New post on Patently-O breaks down what's coming. patentlyo.com/patent/2026/04…
New post up: Does the Federal Circuit's "plainly dissimilar" test for design patents actually flip Gorham on its head? Range of Motion's en banc petition raises a genuinely tricky question about how we measure substantial sameness. Worth your attention. patentlyo.com/patent/2026/04…
SCOTUS will soon tackle whether the PTO can reject IPR petitions based on "settled expectations" - and whether courts can review those denials. Google's cert petition raises fascinating questions about the Director's authority. New post explores the impl… patentlyo.com/patent/2026/04…
Worth revisiting this 2011 Federal Circuit case on ex parte contact rules. Radio Systems v. Accession still matters for anyone navigating examiner communications. Check out my analysis of what went wrong here. patentlyo.com/patent/2011/04…
Worth revisiting this 2011 Fed. Cir. analysis of how courts police product modifications after injunctions. The "colorably different" standard remains surprisingly contentious - and Echostar's playbook still echoes in modern infringement disputes today. patentlyo.com/patent/2011/04…
Cox is casting a long shadow over tomorrow's Hikma v. Amarin argument. My latest post walks through three critical inducement questions that Wednesday's oral argument will likely turn on - and why skinny-label cases just got more complicated. patentlyo.com/patent/2026/04…
On Patently-O, I explored Judge Albright's resignation from WDTX at the end of August - though the real patent venue shift to EDTX and Midland-Odessa has already taken hold. patentlyo.com/patent/2026/04…
New data on my blog: PTAB § 101 reversals have doubled under Squires in just seven months. What's striking isn't judge turnover - it's how existing judges shifted their approach. Sometimes institutions do change, and people change with them. patentlyo.com/patent/2026/04…
