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  • Patent Remedies and Complex Products
  • Toward a Global Consensus
  • Online publication date: July 2019
  • pp xi-xx
  • Publisher: Cambridge University Press


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  • Colleen V. Chien

  • Professor of Law, Santa Clara University School of Law

  • Chien is an associate professor at Santa Clara University School of Law where she teaches, writes, and mentors students. From 2013 to 2015, she served in the Obama White House as a senior advisor, Intellectual Property and Innovation, working on a broad range of patent, copyright, technology transfer, open innovation, educational innovation, and other issues. Professor Chien is nationally known for her research and publications on domestic and international patent law and policy issues. She has testified on multiple occasions before Congress, the DOJ, the FTC, and the U.S. Patent and Trademark Office on patent issues, frequently lectures at national law conferences, and has published several in-depth empirical studies, including of patent litigation, patent-assertion entities (PAEs) (a term that she coined), and the secondary market for patents. Prior to joining the Santa Clara University School of Law faculty in 2007, Professor Chien prosecuted patents at Fenwick & West LLP in San Francisco, as an associate and then Special Counsel, and was a fellow at the Stanford Center for Law and the Biosciences. In 2017, Professor Chien was awarded the American Law Institute’s Early Career Medal; she also has received the Vanguard Award for Public Service, and has been named Eric Yamamoto Emerging Scholar, a Tech Law Leader, one of Silicon Valley’s “Women of Influence,” and one of the 50 Most Influential People in Intellectual Property in the world. Chien is a graduate of Stanford (engineering) and Berkeley Law School and lives in Oakland with her husband and their two sons, Max and Benjie.

  • Jorge L. Contreras

  • Professor of Law, University of Utah S.J. Quinney College of Law

  • Contreras is a professor of law at the University of Utah S.J. Quinney College of Law and a senior fellow of the Centre for International Governance Innovation (CIGI). He has written and spoken extensively on institutional structures and policy implications of intellectual property, technical standardization, and scientific research. Professor Contreras serves as Co-Chair of the ABA Section of Science & Technology Law’s Interdisciplinary Division and is a member of the American National Standards Institute (ANSI) IPR Policy Committee and of NIH’s Council of Councils. He previously served as a member of the U.S. National Academy of Science’s (NAS) Committee on IP Management in Standard-Setting Processes, which produced the 2013 report Intellectual Property Challenges for Standard-Setting in the Global Economy. Professor Contreras edited the ABA’s Technical Standards Patent Policy Manual (2007) and the Cambridge Handbook of Technical Standardization Law (vol. 1, 2017; vol. 2, 2019 forthcoming) and has published more than one hundred scholarly articles, reports, white papers, and book chapters in publications including Science, Nature, Georgetown Law Journal, University of Illinois Law Review, North Carolina Law Review, Antitrust Law Journal, Harvard Journal of Law and Technology, and Berkeley Technology Law Journal.  He is the founding editor of SSRN’s Law, Policy and Economics of Technical Standards e-journal, and was the winner of the Standards Engineering Society’s (SES) 2011 and 2015 scholarly paper competitions. Before entering academia, Professor Contreras was a partner at the international law firm Wilmer Cutler Pickering Hale and Dorr LLP, where he practiced international corporate and intellectual property transactional law.

  • Thomas F. Cotter

  • Briggs and Morgan Professor of Law, University of Minnesota Law School

  • Cotter is the Briggs and Morgan Professor of Law at the University of Minnesota Law School. He received his bachelor’s and master’s degrees in economics from the University of Wisconsin, and in 1987 graduated magna cum laude from the University of Wisconsin Law School, where he served as Senior Articles Editor of the Wisconsin Law Review. From 1987 to 1989, Cotter clerked for the Honorable Lawrence W. Pierce, United States Court of Appeals for the Second Circuit. He practiced law at Cravath, Swaine & Moore from 1988 to 1990, and at Jenner & Block from 1990 to 1994. From 1994 to 2005, he taught at the University of Florida College of Law and from 2005 to 2006 at Washington and Lee University School of Law. He joined the Minnesota faculty in 2006. Professor Cotter’s research and teaching focuses on intellectual property law, antitrust, and law and economics. He is the author of four books – Law and Economics: Positive, Normative, and Behavioral Perspectives (co-authored with Jeffrey L. Harrison) (3d ed., 2013); Comparative Patent Remedies: A Legal and Economic Analysis (2013); Trademarks, Unfair Competition, and Business Torts (co-authored with Barton Beebe, Mark A. Lemley, Peter S. Menell, and Robert P. Merges) (2011); and Intellectual Property: Economic and Legal Dimensions of Rights and Remedies (co-authored with Roger D. Blair) (Cambridge University Press 2005). He has authored or co-authored over fifty other scholarly works, including articles in the California Law Review, the Georgetown Law Journal, the Iowa Law Review, and the Minnesota Law Review.

  • Damien Geradin

  • Professor of Competition Law & Economics, Tilburg Law School, Tilburg University

  • Geradin is a professor of competition law and economics at Tilburg University (the Netherlands) and at George Mason University School of Law (Washington, D.C). He is also a visiting professor at University College London. Professor Geradin has also held visiting professorships at Columbia Law School, Harvard Law School, the University of Michigan Law School, UCLA School of Law, and the College of Europe, Bruges. He was a visiting lecturer at the University of Paris II (Assas) and at King’s College London, and also a Fulbright scholar and visiting lecturer at Yale Law School. He is also the founding partner of EDGE | Legal Thinking, a Brussels-based boutique law firm specialized in EU competition law and intellectual property law. Over the past twenty years, he has authored, co-authored, or edited over twenty books and one hundred scientific papers in the field of competition law, IP law, and the regulation of network industries – including EU Competition Law & Economics (with Nicolas Petit and Anne Layne-Farrar) (2012) and Global Antitrust Law & Economics (with Einer Elhauge) (2nd ed., 2012). Professor Geradin is a co-editor-in-chief of the Journal of Competition Law & Economics, a nongovernmental advisor to the International Competition Network (ICN), and a member of the International Task Force of the ABA’s Section of Antitrust. His work has been cited by the Court of Justice of the EU, the Supreme Court of the United States, and various U.S. Courts of Appeals, and in regulatory proceedings.

  • John M. Golden

  • Loomer Family Professor in Law, University of Texas at Austin School of Law

  • Golden is the Loomer Family Professor in Law at the University of Texas at Austin, where he has taught administrative law, contracts, patent law, and seminars relating to innovation and intellectual property. Since 2011, he has served as faculty director of the Andrew Ben White Center in Law, Science and Social Policy. Professor Golden has a JD from Harvard Law School, a PhD in physics from Harvard University, and an AB in physics and history from Harvard College. After law school, he clerked for the Honorable Michael Boudin of the United States Court of Appeals for the First Circuit and for Associate Justice Stephen Breyer of the Supreme Court of the United States. Professor Golden also worked as an associate in the intellectual property department of Wilmer Cutler Pickering Hale and Dorr LLP.

  • Haijun Jin

  • Professor of Law, Renmin University of China School of Law

  • Jin is a professor of law at Renmin University of China School of Law. He also studied and worked in foreign institutions for the last decade as, among others, a visiting professor at the University of Frankfurt am Main and the University of Washington, and a visiting scholar at Harvard Law School and the Max-Planck Institute for Intellectual Property and Competition Law in Munich. His research covers various aspects in the field of intellectual property and private law, including specific issues on patent and trade secrets, IP licensing, and technology transfer. He has published articles, monographs, and book chapters, including several articles in English: “Reality and Potentiality: Compulsory Patent Licensing in China from a Comparative Perspective,” European Intellectual Property Review (2009); “Government-Backed Patent Funds in China: Their Roles as Policy Tools to Promote Innovation by SMEs,” Asia-Pacific Tech Monitor (2013); and “From Status to Contract: Employee Invention System in China,” Science, Technology and Law of Korean Chungbuk National University (2016). Professor Jin serves as executive council member of the China Intellectual Property Law Society (CIPL), and a member of the China Intellectual Property Society (CIPS).

  • Alison Jones

  • Professor of Law, Dickson Poon School of Law, King’s College London

  • Jones is Professor of Law at King’s College London and a solicitor at Freshfields Bruckhaus Deringer LLP. Prior to joining King’s in 1992, Professor Jones read law at Girton College, Cambridge, worked at Slaughter & May, and completed a BCL at Christ Church, Oxford. Since joining King’s, she has taught competition law (EU, UK, and U.S.), trusts, property, and EU law. Her main research interests are currently in the area of EU competition and U.S. antitrust law. Professor Jones is co-author of Jones and Sufrin on EU Competition Law and a regional editor for the Restitution Law Review; and writes two of the Centre of European Law’s modules for the Diploma in EU competition law. She is also Director of the LLB Law with European Legal Studies programme.

  • Sang Jo Jong

  • Professor of Law, Seoul National University School of Law

  • Jong is a professor of law at Seoul National University and has served as Dean of the School of Law, SNU. Professor Jong is a graduate of Seoul National University and received his PhD from the London School of Economics, with a doctoral thesis titled “The Legal Protection of Computer Programs.” His research and teaching mostly center on copyright, trademark, patent, unfair competition, antitrust, and Internet laws. He has published more than one hundred scholarly articles in law journals (mostly in Korean) and has submitted several policy papers to government agencies. Professor Jong taught Korean Law at Harvard Law School in 2015 and at the University of Washington School of Law in 2014 and also taught comparative intellectual property laws at Georgetown University Law Center in 2007 and at Duke Law School in 2003. He has served as a civilian member of the Presidential Council of Intellectual Property, the President of the Korea Game Law & Policy Society, the Director of the SNU Center for Law & Technology, and a panel member of the WIPO Arbitration and Mediation Center.

  • Oskar Liivak

  • Professor of Law, Cornell Law School, Cornell University

  • Liivak, Professor of Law at Cornell Law School, graduated from Rutgers College with highest honors in 1994, received a PhD in 2000 in physics from Cornell University focusing on techniques for determining protein structure, and received a JD from the Yale Law School in 2005. From 2000 to 2001, he was a post-doctoral scientist working on physical realization of quantum computing in the Quantum Information Group at IBM’s Almaden Research Center in San Jose, California. Prior to law school, he served as a patent agent in the Boston office of Fish and Richardson P.C. Most recently, Professor Liivak served as a law clerk to Judge Sharon Prost on the United States Court of Appeals for the Federal Circuit. Professor Liivak has published articles on patents and intellectual property law in the Cornell Law Review, the Harvard Journal of Law & Technology, the UC Davis Law Review, and many other publications.

  • Brian J. Love

  • Associate Professor of Law, Santa Clara University School of Law

  • Love is an associate professor at the Santa Clara University School of Law, where he serves as Co-Director of the High Tech Law Institute and teaches courses in patent law, intellectual property law, and remedies. His research focuses on patent law and policy, with an emphasis on the empirical study of patent litigation. His academic writing has been published by the law reviews of Stanford University, the University of Chicago, the University of Pennsylvania, the University of California Berkeley, the University of Virginia, and Washington University in St. Louis, among others. His articles have been cited by the U.S. Court of Appeals for the Federal Circuit, the U.S. Federal Trade Commission, the U.S. Department of Justice, the U.S. Council of Economic Advisers, and the U.S. Congressional Research Service. Love is also a frequent media commentator, with op-eds appearing in The Wall Street Journal, USA Today, Los Angeles Times, The HillWired, and TechCrunch. Prior to joining Santa Clara, Professor Love was a lecturer and teaching fellow at Stanford Law School, where he oversaw the LLM Program in Law, Science & Technology. He also practiced law in Fish & Richardson’s litigation department and served as a law clerk to the Hon. Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit and to the Hon. David C. Godbey of the U.S. District Court for the Northern District of Texas.

  • Renato Nazzini

  • Professor of Law, Dickson Poon School of Law, King’s College London

  • Nazzini joined King’s College London as Professor of Law in 2012. Previously, he was Professor of Competition Law and Arbitration at the University of Southampton, which he joined from the Office of Fair Trading, then the UK competition authority (now the Competition and Markets Authority), where he was Deputy Director of the Legal and Policy Department and led or advised on major areas of enforcement and policy. His work included the review of the policy on abuse of dominance under Article 102 TFEU, which led to the adoption of the Commission Guidance Paper on Article 102 TFEU, and the formulation of the policy on actions for damages for competition infringements, which led to major reforms in the UK and in the EU. Professor Nazzini is currently a nongovernmental adviser to the International Competition Network (ICN), where he has been particularly active on the Unilateral Conduct Working Group and on the Merger Working Group. Professor Nazzini’s research interests are in the areas of competition law, commercial arbitration, and ADR. His work on competition law has focused extensively on enforcement, remedies, and procedure. He is the author of Competition Enforcement and Procedure (2016), The Foundations of European Union Competition Law: The Objective and Principles of Article 102 (2011), and Concurrent Proceedings in Competition Law: Procedure, Evidence and Remedies (2004). He is a general co-editor of Global Competition Litigation Review and a member of the editorial board of the European Business Law Review.

  • Yogesh Pai

  • Assistant Professor of Law, National Law University, Delhi

  • Pai specializes in intellectual property law and has research interests at the interface of intellectual property with competition, trade, and economic policy. He is the Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University, Delhi (NLU, Delhi). He is also the Thomas Edison Fellow (2017–18) at George Mason University, Washington D.C. Before joining NLU, Delhi, Professor Pai was coordinator of the Ministry of Human Resource Development Chair on IPR at NLU, Jodhpur. He was also the Faculty-in-Charge of Trade, Law and Development, rated among the top journals in international trade worldwide. His international work experience involved working with the South Centre, Geneva. He previously has worked with Centad, New Delhi, and has taught as a guest on the faculty at Indian Law Institute, New Delhi. Professor Pai consults with the World Trade Organization for Regional Trade Policy Courses and is a tutor with the WIPO Academy Distance Learning Programme. He has been a speaker on intellectual property issues in India and abroad. His distinguished academic paper presentations include those at the Intellectual Property Scholars Conference (New York 2017); ACRIALA – IPSA, Singapore Management University (2016, 2017); and the Centre for Asian Legal Studies, NUS, Singapore (2015). He has published in national and international journals, including Oxford Journal of Antitrust Enforcement, Journal of World Intellectual Property, Journal of Indian Law Institute, Journal of Intellectual Property Rights, Journal of Indian Society of International Law, NUJS Law Review, and Jindal Global Law Review.

  • Nicholas Petit

  • Professor of Law, University of Liège School of Law

  • Petit is Professor of Law at Liege University, Belgium and a research professor at the School of Law of the University of South Australia in Adelaide (UniSA). Professor Petit’s research focuses on antitrust law, intellectual property, and law in a context of technological change. His recent written works deal with the legal challenges created by the introduction of artificial intelligence and robotics in society. He is also working on a book on technology platforms’ competition. Professor Petit holds a PhD from the University of Liege (Belgium), an LLM from the College of Europe (Bruges), a master’s degree from the University of Paris II, and an LLB from the University of Paris V. He practiced law with a leading U.S. law firm in Brussels and served as a clerk at the Commercial Chamber of the French Supreme Court. In 2005 he attended Harvard Law School’s Visiting Researchers Programme. Professor Petit is a co-author of EU Competition Law and Economics (2012) and the author of Droit européen de la concurrence (2013), a monograph that was awarded the prize for the best law book of the year at the Constitutional Court in France. In 2017, he received the Global Competition Review award for academic excellence.

  • Peter George Picht

  • Professor, University of Zurich

  • Picht studied law at Munich University and Yale Law School, did his PhD (summa cum laude) at Munich University/the Max Planck Institute for Innovation and Competition, and holds a master’s degree from Yale Law School. He has worked with the EU Commission’s DG for Competition, with the Max Planck Institute for Innovation and Competition as a senior research fellow, and with other institutions, as well as with the law firms Allen & Overy LLP and Linklaters LLP. Professor Picht now holds a chair for commercial law at the University of Zurich and is head of the University’s Centre for Intellectual Property and Competition Law (CIPCO). He remains affiliated with the Max Planck Institute as a research fellow. Professor Picht’s academic teaching and writing, as well as his counseling activity, focus on intellectual property law, competition law, and international private and procedural law, in particular commercial arbitration (mainly IP and competition), trusts, and estates. In these fields, he has advised governments, companies, foundations, trusts, and other legal entities, as well as private persons and families. Professor Picht is admitted to the bar in Germany and Switzerland.

  • Christopher B. Seaman

  • Associate Professor of Law, Washington and Lee University School of Law

  • Seaman joined the Washington and Lee law faculty in 2012. His research and teaching interests include intellectual property, property, and civil procedure, with a particular focus on intellectual property litigation and remedies for the violation of intellectual property rights. Seaman’s intellectual property-related scholarship has appeared or is forthcoming in a variety of law reviews and journals, including the Virginia Law Review, the Iowa Law Review, the Washington Law Review, the BYU Law Review, the Harvard Journal of Law and Technology, the Yale Journal of Law and Technology, and the Berkeley Technology Law Review. His empirical study of willful patent infringement and enhanced damages was selected as a winner of the Samsung-Stanford Patent Prize competition for outstanding new scholarship related to patent remedies, and his co-authored article on patent injunctions at the Federal Circuit was chosen as a winner of the Federalist Society’s Young Legal Scholars Paper Competition. Seaman received his BA in 2000 from Swarthmore College and his JD in 2004 from the University of Pennsylvania Law School, where he was an executive editor of the University of Pennsylvania Law Review and a recipient of the Edwin R. Keedy Award.  After a judicial clerkship with the Honorable R. Barclay Surrick of the U.S. District Court for the Eastern District of Pennsylvania, he practiced intellectual property law at Sidley Austin LLP in Chicago from 2005 to 2009. Prior to joining Washington and Lee’s faculty, Professor Seaman was a visiting assistant professor at IIT Chicago-Kent College of Law and an adjunct professor at Loyola University Chicago School of Law.

  • Norman V. Siebrasse

  • Professor, University of New Brunswick Faculty of Law

  • Siebrasse joined UNB Law in 1993, after receiving an LLM from the University of Chicago and clerking at the Supreme Court of Canada for the Honorable Madam Justice McLachlin during the 1991 to 1992 term. His research and writing focuses on patent law, particularly pharmaceutical patent law, patent remedies, and the intersection of intellectual property law and commercial law. His blog, Sufficient Description, comments on recent Canadian patent law cases, and is widely read by the Canadian patent bar. His writing, including his blog, is regularly cited by the Canadian courts. He is an active member of the Intellectual Property Institute of Canada (the national association of intellectual property lawyers) and is a member of Life Sciences and Patent Legislation Committees.

  • Rafal Sikorski

  • Assistant Professor, Adam Mickiewicz University in Poznań

  • Sikorski is an assistant professor at the Adam Mickiewicz University in Poznań. He is also Senior Partner at SMM Legal in Poland, where he manages the Intellectual Property Department, advising clients on IP disputes and transactions, industrial property law, combating unfair competition, and the intricacies of competition law. Sikorski graduated from the Faculty of Law and Administration of Adam Mickiewicz University in Poznań in 1999. In 2000, he received the title of LLM in International Business Transactions from the Central European University in Budapest. Since 2005 he has held a PhD in legal science awarded by the Faculty of Law and Administration of Adam Mickiewicz University in Poznań. His scientific accomplishments include a number of publications on copyright law, industrial property law, unfair competition law, competition law, and private international law. He is currently co-editing a series entitled An Outline of Intellectual Property Law (Zarys Prawa Własności Intelektualnej). Within his scientific work, he mainly focuses on relations between competition law and intellectual property law, with a particular emphasis on standardization and patent pools. Additionally, Professor Sikorski deals with issues in determining the governing law for intellectual property contracts and infringements of such.

  • Masabumi Suzuki

  • Dean and Professor of Intellectual Property Law, Nagoya University Graduate School of Law

  • Suzuki is Dean and a professor of intellectual property Law at Nagoya University Graduate School of Law in Japan. Professor Suzuki is a member of the Intellectual Property Committee of the Industrial Structure Council at the Ministry of Economy, Trade and Industry (METI), and Deputy-Chair of the Subdivision on Copyright of the Council for Cultural Affairs at the Agency for Cultural Affairs in the Japanese Government. He also serves as a director of the Japan Association of Industrial Property Law, the Copyright Law Association of Japan, and the Japan Association of International Economic Law. Professor Suzuki has written and lectured widely on intellectual property law in Japanese and English. His publications in English include “Injunctive Relief for Patent Infringement: A New Trend in Japan?,” “Enforcement of FRAND-encumbered SEPs,” “International Investment Agreements, Intellectual Property Rights and Public Health,” “Domestic Measures for Public Health Policy and International IP/Trade Law: The Case of the Australian Plain Packaging Act,” and “Patent Enforcement in Japan” (co-written with Yoshiyuki Tamura). He also has edited several books including Preventive Instruments of Social Governance (2017), Realization of Substantive Law through Legal Proceedings (2017), and Commentary on Trademark Act (2015). Prior to entering academia, Professor Suzuki was an official at METI, where he served as Director of the Office of Intellectual Property Policy and in other positions.

  • David O. Taylor

  • Associate Professor of Law and Co-Director of the Tsai Center for Law, Science and Innovation, Dedman School of Law, Southern Methodist University

  • Taylor is an associate professor and founding Co-Director of the Tsai Center for Law, Science and Innovation at SMU Dedman School of Law. He serves on the Advisory Council of the U.S. Court of Appeals for the Federal Circuit, the Executive Board of the Institute for Law and Technology at the Center for American and International Law, the Amicus Committee and Patentable Subject Matter Task Force of the American Intellectual Property Law Association, and the Advisory Board of The International Lawyer. He has written and spoken extensively on patent law and policy, patent litigation, and civil procedure. He has published numerous articles in journals including the Berkeley Technology Law Journal, the New York University Law Review, the Connecticut Law Review, the Georgia Law Review, and the University of California Davis Law Review, and has given presentations at law schools across the United States, including Boston College, Berkeley, Cardozo, Stanford, and Texas, and internationally in China, Taiwan, and Vietnam. He also serves as an expert and consultant in intellectual property disputes. Taylor is the recipient of a Thomas Edison Innovation Fellowship from George Mason University Antonin Scalia Law School’s Center for the Protection of Intellectual Property. Before entering academia, Taylor clerked for the Honorable Sharon Prost of the U.S. Court of Appeals for the Federal Circuit, and engaged in patent litigation, licensing, and prosecution at the international law firm Baker Botts LLP. He earned his bachelor of science, magna cum laude, in mechanical engineering from Texas A&M University and his juris doctor, cum laude, from Harvard Law School.

  • Jacques de Werra

  • Professor of Contract and Intellectual Property Law, University of Geneva

  • de Werra has been Professor of Contract Law and Intellectual Property Law at the Law School of the University of Geneva since 2006 and Vice-Rector of the University since 2015. He completed his PhD thesis in copyright law while a visiting scholar at the Max-Planck Institute for IP, Competition and Tax Law in Munich in 1996. He was admitted to the Swiss bar (1999) and the New York bar (2002), and holds an LLM degree from Columbia Law School (2001). He was a faculty associate at Harvard’s Berkman Center for Internet and Society and has held visiting professor positions at Stanford Law School, Nagoya University, and City University of Hong Kong. Professor de Werra’s scholarly interests cover IP law, contract law, and Internet/IT and technology law. He has developed a particular expertise in IP commercial law and in ADR mechanisms for IP and technology disputes (specifically arbitration). He has published widely in leading law reviews (including the Harvard Journal of Law and Technology and the Columbia VLA Journal of Law and the Arts) and has authored or edited various books of reference, including the Research Handbook on Intellectual Property Licensing (2013) and (co-edited with Prof. Irene Calboli) The Law and Practice of Trademark Transactions (2016). He organizes the joint WIPO – University of Geneva Summer School on IP and the Geneva Internet law summer school. He is the scientific editor of an IP books series containing the proceedings of the annual IP conferences that he organizes at the University of Geneva.