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(9/3/2014)

Jay Kesan

In The Media
Science and Technology
On September 3, 2014, Professor Jay Kesan was quoted in the Mashable's online article titled, "How the Celebrity Photo Hackers (and Sharers) Could Be Prosecuted."  The full article can be found at: http://mashable.com/2014/09/02/celebrity-photo-hackers-laws/.
(8/18/2014)

Jay Kesan

In The Media
Science and Technology
On August 18, 2014, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News." This week, he discusses the update on the laws affecting our ability to use cell phones with different service providers. 
(7/28/2014)

Jay Kesan

In The Media
Science and Technology
On July 28, 2014, Jay Kesan was a commentator for WILL AM's "Legal Issues in the News." He discusses an experiment with Facebook that altered what we saw on Facebook to see if it would affect our mood. 
(7/21/2014)

Jay Kesan

In The Media
Intellectual Property Law
On July 21, 2014, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  This week he discusses case on the Trademark Trial & Appeal Board and how they ruled the Washington Redskins trademarks to be disparaging to Native Americans, which ended up cancelling 6 of their trademarks. 
(6/30/2014)

Jay Kesan

In The Media
Intellectual Property Law, Science and Technology
On June 30, 2014, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  This week he discusses how Google launched a service that will allow citizens of the European Union to have their personal information removed from search results.  He further discusses the right to be forgotten.
(6/16/2014)

Jay Kesan

Presentation
Intellectual Property Law
On June 16-18, Jay P. Kesan participated in the DRUID Society Conference 2014, held in Copenhagen, Denmark.  He was part of the Druid Debate on Patents and Business Methods or Software.
(6/9/2014)

Jay Kesan

In The Media
Science and Technology
On June 9, 2014, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He discusses the latest in the debate regarding access to high internet speeds.
(6/2/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Albany Law Journal of Science and Technology. Pamela S. Katz, Expert Robot: Using Artificial Intelligence to Assist Judges in Admitting Scientific Expert Testimony, 24 Alb. L.J. Sci. & Tech. 1 (2014).

(6/2/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the role and impact of special masters in patent cases was cited by the United States District Court for the Eastern District of Michigan in TK Holdings, Inc. v. CTS Corp., No. 08–14266., 2014 WL 2257165 (E.D. Mich. May 29, 2014).

(5/30/2014)

Jay Kesan

Presentation
Intellectual Property Law
On May 30, 2014, Jay P. Kesan gave his presentation titled, "Standards Patent Transfers, and Licensing Commitments" to the Patent Pledges Workshop at American University.
(5/27/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Carol M. Hayes and Masooda N. Bashir's article on information privacy and data control in cloud computing was cited by the Journal of Internet Law. Audra A. Dial & John M. Moye, Trade Secrets in the Cloud: Assessing and Mitigating the Risks, J. Internet L., May, 2014, at 1.

(5/27/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Harvard Journal of Law & Technology. Jacob H. Rooksby, University™: Trademark Rights Accretion in Higher Education, 27 Harv. J.L. & Tech. 349 (2014).

(5/27/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by the Stanford Technology Law Review. Colleen Chien, Startups and Patent Trolls, 17 Stan. Tech. L. Rev. 461 (2014).

(5/19/2014)

Jay Kesan

In The Media
Science and Technology
On May 19, 2014, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He discusses how the virus "Heartbleed" works and informs us on how the law views such attacks.
(5/15/2014)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-author Timothy A. Slating published "The Renewable Fuel Standard 3.0?: Moving Forward With the Federal Biofuel Mandate" in the New York University Environmental Law Journal. 20 N.Y.U. Envtl. L.J. 374 (2014).

(5/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Jason Rantanen and Lee Petherbridge’s article on whether the America Invents Act will stimulate innovation and job creation was cited by the University of Pennsylvania Journal of Business Law. Gideon Mark & T. Leigh Anenson, Inequitable Conduct and Walker Process Claims After Therasense and the America Invents Act, 16 U. Pa. J. Bus. L. 361 (2014).

(5/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the NYU Journal of Intellectual Property and Entertainment Law. Jeremy W. Bock, Restructuring the Federal Circuit, 3 NYU J. Intell. Prop. & Ent. L. 197 (2014).

(5/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the University of Pennsylvania Journal of Business Law. Megan M. La Belle & Heidi Mandanis Schooner, Big Banks and Business Method Patents, 16 U. Pa. J. Bus. L. 431 (2014).

(5/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Akron Intellectual Property Journal. A. Samuel Oddi, Patent Attorney Malpractice: Case-Within-a-Case-Within-a-Case, 6 Akron Intell. Prop. J. 71 (2012).

(5/14/2014)

Jay Kesan

Presentation
Energy and Utilities Law
On May 14, 2014, Jay P. Kesan participated in the Bipartisan Policy Center Advisory Renewable Fuel Standard (RFS) Advisory Group.  The meeting included a project overview, discussions of structuring the RFS mandate levels, and discussions of improving EPA regulatory actions.
(5/8/2014)

Jay Kesan

Presentation
Intellectual Property Law
On May 8-9, 2014, Jay P. Kesan participated in the Center for the Protection of Intellectual Property (CPIP) Roundtable on "Patented Innovation in Software and Software-Related Technology."  This roundtable was held at George Mason University School of Law.
(5/7/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Wisconsin Law Review. Paul R. Gugliuzza, Patent Law Federalism, 2014 Wis. L. Rev. 11 (2014).

(5/7/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Jason Rantanen and Lee Petherbridge’s article on whether the America Invents Act will stimulate innovation and job creation was cited by the Akron Intellectual Property Journal. Thomas C. Folsom, Minority Report: Real Patent Reform, Maybe Later--The America Invents Act and the Quasi-Recodification Solution, 6 Akron Intell. Prop. J. 179 (2012).

(5/7/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by Santa Clara High Technology Law Journal. Katherine Booth Wellington, Cyberattacks on Medical Devices and Hospital Networks: Legal Gaps and Regulatory Solutions, 30 Santa Clara High Tech. L.J. 139 (2014).

(5/7/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Akron Intellectual Property Journal. Darryl C. Wilson, No Method to the Madness: The Failure of Section 14 of the Patent Reform Act of 2011 to Make Any Obvious Changes for the Better, 6 Akron Intell. Prop. J. 337 (2012).

(5/7/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Santa Clara High Technology Law Journal. Brenna E. Jenny, Information Costs and Reverse Payment Settlements: Bridging the Gap Between the Courts and the Antitrust Agencies, 30 Santa Clara High Tech. L.J. 231 (2014).

(5/7/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Robert I. Reis, Richard Gruner and Shubha Ghosh's casebook on intellectual property was cited by the Akron Intellectual Property Journal. Robert I. Reis, Smoke and Mirrors: America Invents Act 2011: A Chill in the Air, 6 Akron Intell. Prop. J. 301 (2012).

(5/7/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was cited by the Akron Intellectual Property Journal. Rob Harmer, Construing Patent Claims in Light of the Specification Versus Importing Claim Limitations From the Specification: Is There Any Difference?, 4 Akron Intell. Prop. J. 119 (2010).

(5/1/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Vanderbilt Journal of Entertainment and Technology Law. Wesley D. Markham, How to Explain the “Implicit Exceptions” to Patent-Eligible Subject Matter, 16 Vand. J. Ent. & Tech. L. 353 (2014).

(4/22/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the UCLA Journal of Law & Technology. Robin Feldman et al., The AIA 500 Expanded: The Effects of Patent Monetization Entities, 17 UCLA J. L. & Tech. 1 (2013).

(4/22/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Vanderbilt Law Review. Megan M. La Belle, Against Settlement of (Some) Patent Cases, 67 Vand. L. Rev. 375 (2014).

(4/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Harvard Journal of Law & Technology. Charlie Stiernberg, Note, Science, Patent Law, and Epistemic Legitimacy: An Empirical Study of Technically Trained Federal Circuit Judges, 27 Harv. J.L. & Tech. 279 (2013).

(4/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Harvard Journal of Law & Technology. Laura Fishwick, Note, Mediating With Non-Practicing Entities, 27 Harv. J.L. & Tech. 331 (2013).

(4/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by International Law Studies. Robert M. Chesney, Computer Network Operations and U.S. Domestic Law: An Overview, 89 Int'l L. Stud. 218 (2013).

(4/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Jason Rantanen and Lee Petherbridge’s article on whether the America Invents Act will stimulate innovation and job creation was cited by the Washington Journal of Law, Technology & Arts. John Morgan & Veronica Sandoval, Pacific Northwest Perspective: The Impact of the America Invents Act on Nonprofit Global Health Organizations, 9 Wash. J. L. Tech. & Arts 177 (2014).

(4/15/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Harvard Journal of Law & Technology. Xiang Li, Note, Hacktivism and the First Amendment: Drawing the Line Between Cyber Protests and Crime, 27 Harv. J.L. & Tech. 301 (2013).

(4/8/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on adjudication and settlement of patent cases was cited by the Northwestern University Law Review. J. Jonas Anderson, Informal Deference: A Historical, Empirical, and Normative Analysis of Patent Claim Construction, 108 Nw. U. L. Rev. 1 (2013).

(4/1/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Cornell Law Review Online. David S. Olson, On NPEs, Holdups, and Underlying Faults in the Patent System, 99 Cornell L. Rev. Online 140 (2014), http://cornelllawreview.org/files/2014/04/99CLRO140-March1.pdf.

(3/28/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the UCLA Law Review. Benjamin N. Roin, The Case for Tailoring Patent Awards Based on Time-to-Market, 61 UCLA L. Rev. 672 (2014).

(3/26/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on U.S. plant variety protection was cited by the University of Colorado Law Review. Benjamin M. Cole et al., Food for Thought: Genetically Modified Seeds as De Facto Standard-Essential Patents, 85 U. Colo. L. Rev. 313 (2014).

(3/26/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Cornell Law Review. Minsuk Han, Note, A Two-Branched Attack on the Jury Right in Patent Litigation, 99 Cornell L. Rev. 659 (2014).

(3/26/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Carol M. Hayes and Masooda N. Bashir's article on information privacy and data control in cloud computing was cited by the Journal of Internet Law. Matthew Nied & Shawn Erker, Clicking Away Privacy: Email and the Tort of Intrusion Upon Seclusion, J. Internet L., Mar. 2014, at 3.

(3/21/2014)

Jay Kesan

In The Media
Science and Technology
On March 21, 2014, Professor Jay Kesan was quoted in Greenwire: The Leader in Energy & Environmental Policy News.  The article was titled "Biofuels: One company's financial woes send shock waves throughout the industry" by E&E Reporter Amanda Peterka.
(3/18/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Chicago-Kent Journal of Intellectual Property. Professor Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was also cited. Daniel Roth, Patent Litigation Attorneys' Fees: Shifting From Status to Conduct, 13 Chi.-Kent J. Intell. Prop. 257 (2013).

(3/10/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Yale Journal of Law and Technology. Professor Kesan and co-authors David L. Schwartz and Ted Sichelman's comment on Professor Colleen Chien's Predicting Patent Litigation was also cited. Alan C. Marco & Saurabh Vishnubhakat, Certain Patents, 16 Yale J. L. & Tech. 103 (2013).

(3/10/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Santa Clara High Technology Law Journal. Thomas F. Cotter, Reining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals, 30 Santa Clara High Tech. L.J. 1 (2013).

(3/3/2014)

Jay Kesan

In The Media
Intellectual Property Law
On March 3, 2014, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He discusses the theft of intellectual property for seed technology, and how the US is being targeted for the research and development of their genetically modified seeds that are resistant to pesticides and drought.
(2/24/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on the renewable energy policy puzzle was cited by the University of Colorado Law Review. Emily L. Wasserman, Casenote and Comment, I'll Huff and I'll Puff and I'll Blow Your House Down: The Argument for the Ability to Purchase Your Neighbor's Wind, 84 U. Colo. L. Rev. 861 (2013).

(2/20/2014)

Jay Kesan

Publication
Intellectual Property Law
On February 20, 2014, Professor Jay P. Kesan, along with Christopher A. Cotropia and David L. Schwartz, created a blog post on PatentlyO, titled: "The Value of Open Data for Patent Policy."  To read the post visit: http://patentlyo.com/patent/2014/02/value-patent-policy.html.
(2/10/2014)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz published "Analyzing the Role of Non-Practicing Entities in the Patent System" in the Cornell Law Review. 99 Cornell L. Rev. 425 (2014).

(2/10/2014)

Jay Kesan

In The Media
Intellectual Property Law
On February 10, 2014, Professor Kesan was a commentator on WILL AM's "Legal Issues in the News."  Professor Kesan talks about the free network broadcasting of the major networks (ABC, NBS) to anyone who has an antenna for their television.  Now, there may be charges for these networks. 
(2/10/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Cornell Law Review. James Bessen & Michael J. Meurer, Essay, The Direct Costs from NPE Disputes, 99 Cornell L. Rev. 387 (2014)

(2/10/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Ruperto P. Majuca's paper on hacking back as self-defense in cyberspace was cited by the Columbia Journal of Transnational Law. Professor Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was also cited. Jan E. Messerschmidt, Note, Hackback: Permitting Retaliatory Hacking by Non-State Actors as Proportionate Countermeasures to Transboundary Cyberharm, 52 Colum. J. Transnat'l L. 275 (2013).

(2/4/2014)

Jay Kesan

In The Media
Science and Technology
On February 4, 2014, Professor Jay P. Kesan was quoted in the NY Times article "Designer Seed Thought to Be Latest Target by Chinese," by John Eligon and Patrick Zuo.  The full article can be found at: http://www.nytimes.com/2014/02/05/us/chinese-implicated-in-agricultural-espionage-efforts.html
(2/4/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Florida Law Review. Adam Mossoff, Essay, The Trespass Fallacy in Patent Law, 65 Fla. L. Rev. 1687 (2013).

(2/4/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the role and impact of special masters in patent cases was cited by the North Carolina Journal of Law & Technology. Jeremy W. Bock, Neutral Litigants in Patent Cases, 15 N.C. J. L. & Tech. 233 (2014).

(2/4/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Virginia Journal of Law and Technology. Mark Liang & Brian Berliner, Fee Shifting in Patent Litigation, 18 Va. J.L. & Tech. 59 (2013).

(1/23/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the UC Irvine Law Review. Professor Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was also cited. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Katherine J. Strandburg, Patent Fair Use 2.0 , 1 UC Irvine L. Rev. 265 (2011).

(1/20/2014)

Jay Kesan

In The Media
Intellectual Property Law
On January 20, 2014, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He discusses the features of Google Books and the copyright law behind this project.  He also touches on the author's view of Google Books.
(1/17/2014)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's published "FRAND's Forever: Standards, Patent Transfers, and Licensing Commitment" in the Indiana Law Journal. 89 Ind. L.J. 231 (2014).

(1/17/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Harvard Journal of Law & Technology. Alan W. Ezekiel, Note, Hackers, Spies, and Stolen Secrets: Protecting Law Firms From Data Theft, 26 Harv. J.L. & Tech. 649 (2013).

(1/17/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the role and impact of special masters in patent cases was cited by the Yale Law Journal. Tun-Jen Chiang & Lawrence B. Solum, The Interpretation-Construction Distinction in Patent Law, 123 Yale L.J. 530 (2013).

(1/17/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Harvard Journal of Law & Technology. John M. Golden, Patent Privateers: Private Enforcement's Historical Survivors, 26 Harv. J.L. & Tech. 545 (2013).

(1/17/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on property rights legislation in agricultural biotechnology was cited by the Houston Law Review. David McGowan, The Unfallen Sky, 51 Hous. L. Rev. 337 (2013).

(1/17/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Houston Law Review. Arti K. Rai, Improving (Software) Patent Quality Through the Administrative Process, 51 Hous. L. Rev. 503 (2013).

(1/15/2014)

Jay Kesan

In The Media
Intellectual Property Law
On January 15, 2014, Professor Jay P. Kesan's work on Patent Assertion Entities (PAEs) was heavily discussed in a recent article in Law360 by David Kappos, former Under Secretary of Commerce and Director of the United States Patent and Trademark Office.  The article is titled: "Facts Show Patent Trolls Not Behind Rise In Suits."
(1/9/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on standards, patent transfers, and licensing commitments was cited by the Berkeley Technology Law Journal. Mark A. Lemley & Carl Shapiro, A Simple Approach to Setting Reasonable Royalties for Standard-Essential Patents, 28 Berkeley Tech. L.J. 1135 (2013).

(1/9/2014)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Texas Law Review. Professor Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was also cited. Daniel J. Hemel & Lisa Larrimore Ouellette, Beyond the Patents--Prizes Debate, 92 Tex. L. Rev. 303 (2013).

(1/6/2014)

Jay Kesan

Publication
Intellectual Property Law
Professor Jay P. Kesan and co-author David L. Schwartz published "Analyzing the Role of Non-Practicing Entities in the Patent System" in the Cornell Law Review, Vol. 99, Issue 2, pp. 425-456 (2014).
(12/30/2013)

Jay Kesan

Publication
Intellectual Property Law
Professor Jay P. Kesan and co-author Carol M. Hayes published "FRAND's Forever: Standards, Patent Transfers, and Licensing Commitments" in the Indiana Law Journal, Winter 2014, at 231.
(12/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on licensing restrictions and appropriating market benefits from plant innovation was cited by the Cardozo Arts and Entertainment Law Journal. Daryl Lim, Self-Replicating Technologies and the Challenge for the Patent and Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013).

(12/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on setting software defaults was cited by the Cardozo Arts and Entertainment Law Journal. Lilian Edwards & Edina Harbinja, Protecting Post-Mortem Privacy: Reconsidering the Privacy Interests of the Deceased in a Digital World, 32 Cardozo Arts & Ent. L.J. 83 (2013).

(12/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on deconstructing code was cited by the Intercultural Human Rights Law Review. Ira Steven Nathenson, Super-Intermediaries, Code, Human Rights, 8 Intercultural Hum. Rts. L. Rev. 19 (2013).

(12/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Intercultural Human Rights Law Review. Benjamin Zweifach, Plugging the Gap: A Reconsideration of the U.N. Charter's Approach to Low-Gravity Warfare, 8 Intercultural Hum. Rts. L. Rev. 379 (2013).

(12/23/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on standards, patent transfers, and licensing commitments was cited by the Antitrust Law Journal. Jorge L. Contreras, Fixing FRAND: A Pseudo-Pool Approach to Standards-Based Patent Licensing, 79 Antitrust L.J. 47 (2013).

(12/23/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Columbia Law Review. Mark A. Lemley & A. Douglas Melamed, Missing the Forest for the Trolls, 113 Colum. L. Rev. 2117 (2013).

(12/18/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Journal of Air Law and Commerce. Alexander Chanock, Fixing the War Powers Resolution in the Age of Predator Drones and Cyber-Warfare, 78 J. Air L. & Com. 453 (2013).

(12/18/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on intellectual property protection for plant innovation and unresolved issues after J.E.M. v. Pioneer was cited by the Drake Journal of Agricultural Law. Shené Mitchell, Organic Crops, Genetic Drift, and Commingling: Theories of Remedy and Defense, 18 Drake J. Agric. L. 313 (2013).

(12/9/2013)

Jay Kesan

In The Media
Intellectual Property Law
On December 9, 2013, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He discusses Patent Trolls: what they are, why they exist, and the the concerns and criticisms of them.
(12/3/2013)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay P. Kesan and co-authors Carol M. Hayes and Masooda N. Bashir published "Cloud Services, Contract Terms, and Legal Rights" in the Journal of Internet Law. J. Internet L., Dec. 2013, at 3.

(11/28/2013)

Jay Kesan

In The Media
Science and Technology
On November 28, 2013, Professor Jay P. Kesan provided his expertise in an article titled, "Call for better privacy protection in the cloud."  This article was written by Drew Turney and appeared in the  Sydney Morning Herald.  The full article can be found here: http://www.smh.com.au/it-pro/cloud/call-for-better-privacy-protection-in-the-cloud-20131128-hv3tj.html 
(11/25/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Cornell Law Review. Professor Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was also cited. Roger Allan Ford, Patent Invalidity Versus Noninfringement, 99 Cornell L. Rev. 71 (2013).

(11/18/2013)

Jay Kesan

In The Media
Science and Technology
On November 18, 2013, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  This week he explains that the internet service providers may be restricting what is allowed on their network and how this could have major consequences for how we go online.
(11/11/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Penn State Law Review. William G. Young & Jordan M. Singer, Bench Presence: Toward a More Complete Model of Federal District Court Productivity, 118 Penn St. L. Rev. 55 (2013).

(11/11/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on shaping code was cited by the University of Chicago Legal Forum. William McGeveran, The Law of Friction, 2013 U. Chi. Legal F. 15 (2013).

(11/11/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Columbia Law Review. Gideon Parchomovsky & Alex Stein, Intellectual Property Defenses, 113 Colum. L. Rev. 1483 (2013).

(11/4/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the role and impact of special masters in patent cases was cited by Sedona Conference Journal. Josh Hartman & Rachel Krevans, Counsel Courts Keep: Judicial Reliance on Special Masters, Court-Appointed Experts, and Technical Advisors in Patent Cases, 14 Sedona Conf. J. 61 (2013).

(11/4/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Jason Rantanen and Lee Petherbridge’s article on whether the America Invents Act will stimulate innovation and job creation was cited by the Stanford Law Review Online. Lee Petherbridge & Jason Rantanen, In Memoriam Best Mode, 64 Stan. L. Rev. Online 125 (2012), http://www.stanfordlawreview.org/sites/default/files/online/articles/64-SLRO-125.pdf.

(10/28/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Timothy A. Slating’s article on making regulatory innovation keep pace with technological innovation was cited by the Georgetown International Environmental Law Review. Professor Kesan's article on transferring innovation was also cited. Elizabeth Burleson, From Fragmentation to Innovation Coordination, 24 Geo. Int'l Envtl. L. Rev. 477 (2012).

(10/28/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Boston University Law Review. Brian J. Love & James C. Yoon, Expanding Patent Law's Customer Suit Exception, 93 B.U. L. Rev. 1605 (2013).

(10/21/2013)

Jay Kesan

Citation
Evidence

Professor Jay Kesan's note on scientific evidence in a post-Daubert world was cited by the San Diego Law Review. Laurel Gilbert, Sharpening the Tools of an Adequate Defense: Providing for the Appointment of Experts for Indigent Defendants in Child Death Cases Under Ake v. Oklahoma, 50 San Diego L. Rev. 469 (2013).

(10/14/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Duke Law Journal. Alexander R. Trzeciak, Notes, Taboo, the Game: Patent Office Edition--The New Preissuance Submissions Under the America Invents Act, 63 Duke L.J. 245 (2013).

(10/14/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the Duke Law Journal. Peter Lee, Patents and the University, 63 Duke L.J. 1 (2013).

(10/14/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Journal of Criminal Law and Criminology. David Thaw, Criminalizing Hacking, Not Dating: Reconstructing the CFAA Intent Requirement, 103 J. Crim. L. & Criminology 907 (2013).

(10/7/2013)

Jay Kesan

In The Media
Intellectual Property Law
On October 7, 2013, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He discusses the dilemma with Spotify and Ministry of Sound in regards to their compilation recordings and the infringement of copyright.
(10/1/2013)

Jay Kesan

In The Media
Intellectual Property Law
On October 1, 2013, Professor Jay P. Kesan was quoted in PatentlyO: The Nation's Leading Patent Law Blog, by Professors Dennis Crouch and Jason Rantanen.  Professor Kesan's quotes appeared in a post on the "Supreme Court's New Patent Cases."
(9/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on setting software defaults was cited by the Northwestern Journal of Technology & Intellectual Property. Joshua A.T. Fairfield, Do-Not-Track as Default, 11 Nw. J. Tech. & Intell. Prop. 575 (2013).

(9/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's book contribution on the law and policy of non-compete clauses was cited by the Berkeley Technology Law Journal. Grant R. Garber, Noncompete Clauses: Employee Mobility, Innovation Ecosystems, and Multinational R&D Offshoring, 28 Berkeley Tech. L.J. 1079 (2013).

(9/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Berkeley Technology Law Journal. Justin R. Orr, Patent Aggregation: Models, Harms, and the Limited Role of Antitrust, 28 Berkeley Tech. L.J. 525 (2013).

(9/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on active defense in cyberspace was cited by Army Lawyer. Professor Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was also cited. Christopher M. Kessinger, Hitting the Cyber Marque: Issuing A Cyber Letter of Marque to Combat Digital Threats, Army Law., Aug. 2013, at 4.

(9/30/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Berkeley Technology Law Journal. Emily H. Chen, Making Abusers Pay: Deterring Patent Litigation by Shifting Attorneys' Fees, 28 Berkeley Tech. L.J. 351 (2013).

(9/23/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Cornell Law Review. Oskar Liivak & Eduardo M. Peñalver, The Right Not to Use in Property and Patent Law, 98 Cornell L. Rev. 1437 (2013).

(9/23/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Journal of Business & Technology Law. Pauline M. Pelletier, The Impact of Local Patent Rules on Rate and Timing of Case Resolution Relative to Claim Construction: An Empirical Study of the Past Decade, 8 J. Bus. & Tech. L. 451 (2013).

(9/10/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's book contribution on the law and policy of non-compete clauses was cited by the Stanford Technology Law Review. On Amir & Orly Lobel, Driving Performance: A Growth Theory of Noncompete Law, 16 Stan. Tech. L. Rev. 833 (2013).

(9/2/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the Indiana Health Law Review. Jennifer S. Bard, Putting Patients First: How the FDA Could Use Its Existing Powers to Reduce Post-Market Adverse Events, 10 Ind. Health L. Rev. 495 (2013).

(9/2/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on setting software defaults was cited by the Harvard International Law Journal. Molly Land, Toward an International Law of the Internet, 54 Harv. Int'l L.J. 393 (2013).

(9/1/2013)

Jay Kesan

In The Media
Intellectual Property Law, Science and Technology
Professor Jay P. Kesan was interviewed in "Biofuels"--a journal by Future Science, Ltd.  His interview was featured in the September 2013, Vol. 4, No. 5 issue, and discusses Professor Kesan's work in Biofuel Law & Regulation.  The full interview can be found online here: http://www.future-science.com/doi/full/10.4155/bfs.13.42.
(8/26/2013)

Jay Kesan

In The Media
Intellectual Property Law
On August 26, 2013, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He explains how the major phone brands have been embroiled in patent litigation over the smart phones and their features.  This could affect the prices that consumers pay, and whether certain models are even available on the market.
(8/26/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Chicago Journal of International Law. Jeremy Rabkin & Ariel Rabkin, Navigating Conflicts in Cyberspace: Legal Lessons from the History of War at Sea, 14 Chi. J. Int'l L. 197 (2013).

(8/26/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on intellectual property protection for plant innovation and unresolved issues after J.E.M. v. Pioneer was cited by the Columbia Science and Technology Law Review. Professor Kesan's article on licensing restrictions and appropriating market benefits from plant innovation was also cited. Eric J. Rogers, The Inexhaustible Right to Exclude Reproduction Doctrine, 14 Colum. Sci. & Tech. L. Rev. 389 (2013).

(8/19/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Review of Litigation. Paul M. Janicke, The Judicial Panel on Multidistrict Litigation: Now a Strengthened Traffic Cop for Patent Venue, 32 Rev. Litig. 497 (2013).

(8/19/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatization of the Internet backbone network and the domain name system was cited by the American University Law Review. Scott J. Shackelford, Toward Cyberpeace: Managing Cyberattacks Through Polycentric Governance, 62 Am. U. L. Rev. 1273 (2013).

(8/19/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on intellectual property protection for plant innovation and unresolved issues after J.E.M. v. Pioneer was cited by the Journal of Technology Law & Policy. Professor Kesan and co-author Mark D. Janis's article on U.S. plant variety protection was also cited. Marcelo Dias Varella, Essay, Intellectual Property and Agriculture: The Case on Soybeans and Monsanto, 18 J. Tech. L. & Pol'y 59 (2013).

(8/19/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the American University Law Review. Alan Butler, When Cyberweapons End up on Private Networks: Third Amendment Implications for Cybersecurity Policy, 62 Am. U. L. Rev. 1203 (2013).

(8/9/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the Internet backbone network and the domain name system was cited by the Administrative Law Review. Alissa Ardito, Social Media, Administrative Agencies, and the First Amendment, 65 Admin. L. Rev. 301 (2013).

(8/9/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Emory Law Journal. Professor Kesan and co-author Timothy A. Slating's article on making regulatory innovation keep pace with technological innovation was also cited. Joshua D. Sarnoff, Government Choices in Innovation Funding (With Reference to Climate Change), 62 Emory L.J. 1087 (2013).

(8/9/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on setting software defaults was cited by the Washington Law Review. Woodrow Hartzog & Frederic Stutzman, Essay, Obscurity by Design, 88 Wash. L. Rev. 385 (2013).

(8/9/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on the fallacy of OSS discrimination by FRAND licensing was cited by the Minnesota Journal of Law, Science & Technology. Mariateresa Maggiolino & Maria Lilla Montagnani, Standardized Terms and Conditions for Open Patenting, 14 Minn. J.L. Sci. & Tech. 785 (2013).

(8/9/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Yale Journal of Law and Technology. Jacob H. Rooksby, Innovation and Litigation: Tensions Between Universities and Patents and How to Fix Them, 15 Yale J.L. & Tech. 312 (2012).

(8/5/2013)

Jay Kesan

In The Media
Intellectual Property Law
On August 5, 2013, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  This week, Professor Kesan discusses the recent court case that is related to sharing digital music.
(7/22/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Stanford Technology Law Review. Daniel Taskalos, Note, Metallizing Engineering's Forfeiture Doctrine After the America Invents Act, 16 Stan. Tech. L. Rev. 657 (2013).

(7/22/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Minnesota Journal of International Law. David Weissbrodt, Cyber-Conflict, Cyber-Crime, and Cyber-Espionage, 22 Minn. J. Int'l L. 347 (2013).

(7/22/2013)

Jay Kesan

Citation
Science and Technology

Professor Jay Kesan and co-author Andres A. Gallo's article on optimizing regulation of electronic commerce was cited by the Louisiana Law Review. Professor Kesan and co-author Rajiv C. Shah's article on shaping code was also cited. Joshua J. Doguet, Comment, The Nature of the Form: Legal and Regulatory Issues Surrounding the Bitcoin Digital Currency System, 73 La. L. Rev. 1119 (2013).

(7/15/2013)

Jay Kesan

In The Media
Science and Technology
On July 15, 2013, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News." Professor Kesan discusses the controversy of patenting human genes.
(7/15/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by the Michigan Telecommunications and Technology Law Review. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Xun (Michael) Liu, Note, Joinder Under the AIA: Shifting Non-Practicing Entity Patent Assertions Away from Small Businesses, 19 Mich. Telecomm. & Tech. L. Rev. 489 (2013).

(7/15/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes 's article on self-defense and deterrence in cyberspace was cited by the American University Business Law Review. Melanie J. Teplinsky, Fiddling on the Roof: Recent Developments in Cybersecurity, 2 Am. U. Bus. L. Rev. 225 (2013).

(7/15/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the John Marshall Review of Intellectual Property Law. Stephen M. Maurer, Ideas into Practice: How Well Does U.S. Patent Law Implement Modern Innovation Theory?, 12 J. Marshall Rev. Intell. Prop. L. 644 (2013).

(7/15/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Jason Rantanen and Lee Petherbridge’s article on whether the America Invents Act will stimulate innovation and job creation was cited by the Santa Clara Computer and High Technology Law Journal. Arpita Bhattacharyya & Michael R. McGurk, IDS Practice After Therasense and the AIA: Decoupling the Link Between Information Disclosure and Inequitable Conduct, 29 Santa Clara Computer & High Tech. L.J. 605 (2013).

(6/24/2013)

Jay Kesan

In The Media
Intellectual Property Law
On June 24, 2013, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  This week he discusses how the National Security Agency remains shrouded in secrecy, but recent revelations provide an opportunity to reflect on how to best provide for the safety and security of our way of life.
(6/24/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Utah Law Review. Liza Vertinsky, Universities as Guardians of Their Inventions, 2012 Utah L. Rev. 1949 (2012).

(6/24/2013)

Jay Kesan

Career News
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the William and Mary Law Review. Paul R. Gugliuzza, The Federal Circuit as a Federal Court, 54 Wm. & Mary L. Rev. 1791 (2013).

(6/24/2013)

Jay Kesan

Career News
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Indiana Law Journal. Jeremy W. Bock, An Empirical Study of Certain Settlement-Related Motions for Vacatur in Patent Cases, 88 Ind. L.J. 919 (2013).

(6/17/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Journal of Business & Technology Law. Professor Kesan's article on active defense in cyberspace was also cited. Shane McGee et al., Adequate Attribution: A Framework for Developing a National Policy for Private Sector Use of Active Defense, 8 J. Bus. & Tech. L. 1 (2013).

(6/17/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on an empirical examination of open standards development was cited by the Jurimetrics Journal. Professor Kesan's article on open standards and the role of politics was also cited. Jorge L. Contreras, Technical Standards and Ex Ante Disclosure: Results and Analysis of an Empirical Study, 53 Jurimetrics J. 163 (2013).

(6/17/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the Air Force Law Review. Erik M. Mudrinich, Cyber 3.0: The Department of Defense Strategy for Operating in Cyberspace and the Attribution Problem, 68 A.F. L. Rev. 167 (2012).

(6/17/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Timothy A. Slating’s article on making regulatory innovation keep pace with technological innovation was cited by the Fordham Urban Law Journal. Steven H. Hobbs, An Entrepreneurial Perspective on the Business of Being in Our Profession, 40 Fordham Urb. L.J. 395 (2012).

(6/17/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the American Intellectual Property Law Association Quarterly Journal. Kuo-Cheng Chen, An Empirical Finding of Taiwan IP Reform: A Reference to a Proposal for a Patent Trial Court in the U.S., 41 AIPLA Q.J. 73 (2013).

(6/17/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by the University of Pennsylvania Law Review. Brian J. Love, An Empirical Study of Patent Litigation Timing: Could A Patent Term Reduction Decimate Trolls Without Harming Innovators?, 161 U. Pa. L. Rev. 1309 (2013).

(6/11/2013)

Jay Kesan

In The Media
Intellectual Property Law
The News Bureau Illinois webpage has interviewed Professor Kesan regarding his new article, "Information Privacy and Data Control in Cloud Computing: Consumers, Privacy Preferences, and Market Efficiency."  Please find the write-up here: http://news.illinois.edu/news/13/0611cloudsecurity_JayKesan.html.
(6/4/2013)

Jay Kesan

In The Media
Science and Technology
Professor Kesan is quoted in the I-STEM Education Initiative article about the new Digital Forensics course that will be offereded in the Fall semester.  The class is cross listed in Law and Computer Science, and the development of this curriculum is supported by the National Science Foundation until 2016.  The full article can be found here: http://www.istem.illinois.edu/news/digital.forensics.html.
(6/3/2013)

Jay Kesan

In The Media
Intellectual Property Law
On June 3, 2013, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He talks about how the U.S. Supreme Court recently held that patent law only allows so much tinkering to gadgets, such as the cell phone, before the patents on those products are considered to be infringed. 
(5/28/2013)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-authors Carol M. Hayes and Masooda N. Bashir published "Information Privacy and Data Control in Cloud Computing: Consumers, Privacy Preferences, and Market Efficiency" in the Washington and Lee Law Review. 70 Wash. & Lee L. Rev. 341 (2013).

(5/28/2013)

Jay Kesan

Citation
Evidence

Professor Jay Kesan's note on scientific evidence in a post-Daubert world was cited by the Seattle Journal for Social Justice. Jessica Dwyer-Moss, Flawed Forensics and the Death Penalty: Junk Science and Potentially Wrongful Executions, 11 Seattle J. for Soc. Just. 757 (2013).

(5/20/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Akron Law Review. Jacob H. Rooksby, When Tigers Bare Teeth: A Qualitative Study of University Patent Enforcement, 46 Akron L. Rev. 169 (2013).

(5/17/2013)

Jay Kesan

In The Media
Intellectual Property Law
On May 17, 2013, Professor Jay Kesan was interviewed by WEIU TV for their "Four Rivers Ag Report."  Professor Kesan discussed the recent U.S. Supreme Court decision in Bowman v. Monsanto.  The link to the full interview can be found here: http://www.youtube.com/watch?v=C-4qXmOXHZs&list=PL27628178D46ED0B6&index=10.
(5/15/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv Shah's article on interoperability issues for open standards was cited by the Maryland Law Review. Peter Swire & Yianni Lagos, Essay, Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique, 72 Md. L. Rev. 335 (2013).

(5/15/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on shaping code was cited by the Maryland Law Review. Bryan H. Choi, The Anonymous Internet, 72 Md. L. Rev. 501 (2013).

(5/15/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Boston College Intellectual Property & Technology Forum. Thomas MS Hemnes, Intellectual Property Indemnity Clauses, 2013 B.C. Intell. Prop. & Tech. F. 1.

(5/13/2013)

Jay Kesan

In The Media
Science and Technology
On May 13, 2013, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He discusses the untrue statements posted all over Twitter and what the law should do about them.
(5/9/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Texas Law Review. Brett Rosenthal, Note, U-Turns on the One-Way Street: Public Rights and Representation Theory in Patent Validity Litigation, 91 Tex. L. Rev. 1227 (2013).

(4/29/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors David L. Schwartz and Ted Sichelman's comment on Professor Colleen Chien's Predicting Patent Litigation was cited by the Stanford Technology Law Review. Professor Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was also cited. Shawn P. Miller, What's the Connection between Repeat Litigation and Patent Quality? A (Partial) Defense of the Most Litigated Patents, 16 Stan. Tech. L. Rev. 313 (2013).

(4/29/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the University of San Francisco Law Review. Paul Ohm, Electronic Surveillance Law and the Intra-Agency Separation of Powers, 47 U.S.F. L. Rev. 269 (2012).

(4/22/2013)

Jay Kesan

In The Media
Science and Technology
On April 22nd, 2013, Professor Jay Kesan wrote the following blog post: "CISPA: Don't Toss It -- Amend It."  The full post can be found here: http://www.iti.illinois.edu/blog/cispa-don%E2%80%99t-toss-it-amend-and-pass-it 
(4/12/2013)

Jay Kesan

Presentation
Intellectual Property Law
On Friday, April 12, 2013, Professor Jay P. Kesan presented his paper, "FRAND's Forever: Standards, Patent Transfers, and Licensing Commitments" at the PatCon 3 Conference at Chicago-Kent College of Law.
(4/8/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on property rights and incentives to invest in seed varieties was cited by the Columbia Science and Technology Law Review. Professor Kesan's article providing a multidisciplinary perspective on intellectual property protection and agricultural biotechnology was also cited. A Bryan Endres & Carly E. Giffin, Necessity Is the Mother, but Protection May Not Be the Father of Invention: The Limited Effect of Intellectual Property Regimes on Agricultural Innovation, 14 Colum. Sci. & Tech. L. Rev. 203 (2013).

(4/1/2013)

Jay Kesan

In The Media
Intellectual Property Law

On April 1, 2013, Professor Jay Kesan was a commenatator for WILL AM's "Legal Issues in the News."  This week, Professor Kesan discusses a new invention called "lion lights" that has swept Kenya by storm.  He also discusses who was behind this brilliant idea.

(4/1/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Georgetown Law Journal. Professor Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was also cited. Anup Malani & Jonathan S. Masur, Raising the Stakes in Patent Cases, 101 Geo. L.J. 637 (2013).

(3/25/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the Internet backbone network and the domain name system was cited by Fordham Law Review. Evan Hess, Note, Code-ifying Copyright: An Architectural Solution to Digitally Expanding the First Sale Doctrine, 81 Fordham L. Rev. 1965 (2013).

(3/18/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by les Nouvelles. Jacob H. Rooksby, University Involvement in Patent Infringement Litigation, 47 les Nouvelles 8 (2012).

(3/18/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by les Nouvelles. Fadi Micaelian et al., Patent Infringement Risk Exposure Analysis, 46 les Nouvelles 334 (2011).

(3/11/2013)

Jay Kesan

In The Media
Science and Technology
On March 11, 2013, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  Cyber security threats and stories are everywhere.  In this week's Legal Issues in the News, Professor Kesan discusses the executive order recently signed by President Obama regarding cyber security.
(3/4/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-editors William T. Greenough and Philip J. McConnaughay's book on defining values for research and technology was cited by the Connecticut Law Review. David H. Blankfein-Tabachnick, Does Intellectual Property Law Have Foundations? A Review of Robert Merges's Justifying Intellectual Property, 45 Conn. L. Rev. 995 (2013).

(2/25/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors David L. Schwartz and Ted Sichelman's comment on Professor Colleen Chien's Predicting Patent Litigation was cited by the Vanderbilt Law Review. Tun-Jen Chiang, The Reciprocity of Search, 66 Vand. L. Rev. 1 (2013).

(2/24/2013)

Jay Kesan

In The Media
Science and Technology
On February 24, 2013, Professor Jay P. Kesan was quoted in Marie Szaniszlo's article "Cyber experts: no one's safe."  This article was published in the Boston Herald and can be found here: http://bostonherald.com/business/technology/technology_news/2013/02/cyber_experts_no_one_s_safe 
(2/18/2013)

Jay Kesan

In The Media
Science and Technology
On February 18, 2013, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  Professor Kesan discusses the Manti Te'o girlfriend hoax and how online relationship hoaxing may end up in the courtroom.
(2/11/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the South Carolina Law Review. Michael Z. Green, Against Employer Dumpster-Diving for Email, 64 S.C. L. Rev. 323 (2012).

(2/11/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's podcast on intellectual property rights and tattoos was cited by the University of Illinois Law Review. David M. Cummings, Note, Creative Expression and the Human Canvas: An Examination of Tattoos as a Copyrightable Art Form, 2013 U. Ill. L. Rev. 279.

(2/4/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on taking stock of the U.S. patent system was cited by the Harvard Journal of Law & Technology. Davis Doherty, Note, Downloading Infringement: Patent Law as a Roadblock to the 3D Printing Revolution, 26 Harv. J.L. & Tech. 353 (2012).

(2/4/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Houston Law Review. Colleen V. Chien, Reforming Software Patents, 50 Hous. L. Rev. 325 (2012).

(1/28/2013)

Jay Kesan

In The Media
Intellectual Property Law

On January 28th, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He talks about the Kardashians and how they've lended their name to various brands resulted getting them into legal trouble.

(1/14/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the internet backbone network and the domain name system was cited by Hastings International and Comparative Law Review. Christopher Witteman, Information Freedom, a Constitutional Value for the 21st Century, 36 Hastings Int'l & Comp. L. Rev. 145 (2013).

(1/14/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was cited by the Michigan Telecommunications and Technology Law Review. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Robert Brendan Taylor, Burying, 19 Mich. Telecomm. & Tech. L. Rev. 99 (2012).

(1/7/2013)

Jay Kesan

In The Media
Science and Technology
On January 7, 2013, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He discusses the positions the Obama Administration has taken on legal issues in technology, and explains what results we may see in the next year.
(1/7/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author David L. Schwartz's research paper on non-practicing entities in the patent system was cited by the Duke Law & Technology Review. Sara Jeruss et al., The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation, 11 Duke L. & Tech. Rev. 357 (2012).

(1/7/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Yale Journal of Law and Technology. Brian J. Love & Christopher B. Seaman, Best Mode Trade Secrets, 15 Yale J. L. & Tech. 1 (2012).

(1/7/2013)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the California Western International Law Journal. Nari Lee & Marcus Norrgård, Alternatives to Litigation in IP Disputes in Asia and in Finland, 43 Cal. W. Int'l L.J. 109 (2012).

(1/3/2013)

Jay Kesan

In The Media
Intellectual Property Law
Professor Jay Kesan was included in the list of "IP Personalities of 2012" compiled by Intellectual Asset Management (IAM) Magazine.  See, http://www.iam-magazine.com/blog/Detail.aspx?g=853664dd-be2e-4c3e-a9d9-43e122ae4416.
(12/17/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the internet backbone network and the domain name system was cited by Cardozo Journal of Conflict Resolution. Brian Farkas, Note, Old Problem, New Medium: Deception in Computer-Facilitated Negotiation and Dispute Resolution, 14 Cardozo J. Conflict Resol. 161 (2012).

(12/17/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on active defense in cyberspace was cited by the Syracuse Law Review. Professor Kesan and co-author Ruperto Majuca's article on optimal hackback was also cited. Zach West, Note, Young Fella, If You're Looking for Trouble I'll Accommodate You: Deputizing Private Companies for the Use of Hackback, 63 Syracuse L. Rev. 119 (2012).

(12/17/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the Washington University Law Review. Gregory N. Mandel, Proxy Signals: Capturing Private Information for Public Benefit, 90 Wash. U. L. Rev. 1 (2012).

(12/10/2012)

Jay Kesan

In The Media
Science and Technology
On December 10, 2012, Professor Jay Kesan was a commentator for WILL AM's "Legal Issues in the News."  He discusses whether or not the government can examine the content of your emails and if they need a warrant or a subpoena. 
(12/10/2012)

Jay Kesan

In The Media
Science and Technology
On December 10, 2012, Professor Jay P. Kesan was featured on "A Minute With..." on the University of Illinois homepage.  Professor Kesan spoke with News Bureau business and law editor Phil Ciciora about what steps the government should take to improve the cybersecurity infrastructure in the U.S.  The full article can be found here: http://illinois.edu/lb/article/72/69650/page=1/list=list?skinId=1643.
(12/10/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was cited by the George Mason Law Review. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Megan M. La Belle, Patent Law as Public Law, 20 Geo. Mason L. Rev. 41 (2012).

(12/10/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the University of Illinois Journal of Law, Technology and Policy. Parker Tresemer, Best Practices for Drafting University Technology Assignment Agreements after Filmtec, Stanford v. Roche, and Patent Reform, 2012 U. Ill. J.L. Tech. & Pol'y 347 (2012).

(12/7/2012)

Jay Kesan

Presentation
Intellectual Property Law
Jay Kesan was a commentator at the Junior Faculty Scholarship Workshop--Intellectual Property Issues in the Pharmaceutical Industry, Indiana University, Robert H. McKinney School of Law, Indianapolis, Indiana, December 7-8, 2012.
(12/7/2012)

Jay Kesan

In The Media
Science and Technology, Intellectual Property Law
On Friday, December 7, 2013, Professor Jay P. Kesan was quoted in "Apple and Samsung's $1 billion patent battle continues" by Heather Kelly from CNN.  This article discusses the ongoing battle between the Apple and Samsung companies patent infringements on products such as smart phones and tablets.  To read the full article, please visit: http://www.cnn.com/2012/12/06/tech/mobile/apple-samsung-patent/index.html#cnn-disqus-area.
(12/3/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Alabama Law Review. David L. Schwartz, The Rise of Contingent Fee Representation in Patent Litigation, 64 Ala. L. Rev. 335 (2012).

(11/19/2012)

Jay Kesan

In The Media
Science and Technology
On November 19, 2012, Professor Jay P. Kesan was a commentator on WILL AM's "Legal Issues in the News."  He discusses e-mail hacking and the recent court decisions about the extent to which Federal Law may protect against such invasions.
(11/19/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on U.S. plant variety protection was cited by the Drake Journal of Agricultural Law. Emily Marden & R. Nelson Godfrey, Intellectual Property and Sharing Regimes in Agricultural Genomics: Finding the Right Balance for Innovation, 17 Drake J. Agric. L. 369 (2012).

(11/19/2012)

Jay Kesan

Career News
Science and Technology

Professor Jay P. Kesan is the recipient of a National Science Foundation (NSF) grant awarded to develop an educational curriculum focused on all aspects of digital forensics.  He is a co-Principal Investigator on this grant along with Masooda Bashir (ITI), Roy Campbell (CS), Anna-Maria Marshall (Sociology) Lizanne DeStefano (Education), and David Nicol (CS).  Please see http://www.csl.illinois.edu/news/iti-develop-ambitious-new-digital-forensics-curriculum.  

(11/12/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on strategic prescriptions to promote corporate self-auditing was cited by the Utah Environmental Law Review. Lesley K. Mcallister, Co-Regulation in Mexican Environmental Law, 32 Utah Envtl. L. Rev. 181 (2012).

(11/5/2012)

Jay Kesan

Honor
Intellectual Property Law
Professor Jay P. Kesan has been appointed as an Edison Scholar in the Office of the Chief Economist at the U.S. Patent and Trademark Office (USPTO).  The USPTO plays a very influential role in developing national and international patent policy and in shaping the innovation policy ecosystem in all technology sectors in the economy.  Professor Kesan will be researching and advising the Office on various emerging patent policy and innovation policy matters.
(10/29/2012)

Jay Kesan

In The Media
Science and Technology
On October 29, 2012, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues In The News."  He discusses GPS relays, yield analysis, genetic engineering, and how these things are changing farming techniques today.
(10/22/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the impact of general and patent-specific judicial experience on the efficiency and accuracy of patent adjudication was cited by the Intellectual Property Law Bulletin. David P. Kohn, The Split: Constitutional and Policy Bases for Establishing Separate U.S. Patent Courts, 16 Intell. Prop. L. Bull. 115 (2012).

(10/15/2012)

Jay Kesan

Honor
Intellectual Property Law
Professor Jay P. Kesan has received an unrestricted gift of $80,000 from the Microsoft Corporation to support his research.
(10/15/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the impact of general and patent-specific judicial experience on the efficiency and accuracy of patent adjudication was cited by the Federal Circuit Bar Journal. Edward D. Manzo, How to Improve Patent Claim Interpretations, 22 Fed. Circuit B.J. 203 (2012).

(10/8/2012)

Jay Kesan

In The Media
Intellectual Property Law
On October 8, 2012, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He explains how the social media and other forms of internet networking played an important part in the revolutions in the Middle East that resulted in the Arab Spring.  Now, those same forces are bringing springtime to the Chinese labor movement.
(10/7/2012)

Jay Kesan

In The Media
Intellectual Property Law
On October 7, 2012, Professor Jay P. Kesan was quoted in an article, "The Patent, Used as a Sword" by Charles Duhigg and Steve Lohr. This article was published in the New York Times on Sunday, Oct. 7.  The full link to this article can be found here: http://www.nytimes.com/2012/10/08/technology/patent-wars-among-tech-giants-can-stifle-competition.html?hp
(10/3/2012)

Jay Kesan

Presentation
Intellectual Property Law
On October 3-4, Professor Kesan presented the results of a study on "Patent Transfers: FRAND Licensing and Transparency," funded and commissioned by the Board of Science, Technology and Economic Policy (STEP) of the National Academies.  The presentation was part of the Symposium on Management of Intellectual Property in Standard-Setting Processes, held in Washington, DC. 
(10/1/2012)

Jay Kesan

Presentation
Intellectual Property Law
On October 1, 2012, Professor Jay P. Kesan participated in a Forum Discussion at the U.S. Patent and Trademark Office (USPTO) exploring issues related to the creation of a Patent Small Claims Court and considering an ABA Advisory Report on the possibility of creating such a court.
(10/1/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by Cybaris an Intellectual Property Law Review. Lucas Hjelle, Case Note: Identifying Indicia of Extortion in Patent Troll Cases: Eon-Net LP V. Flagstar Bancorp, 3 Cybaris An Intell. Prop. L. Rev. 133 (2012).

(9/20/2012)

Jay Kesan

Presentation
Intellectual Property Law
On September 20-21, 2012, Professor Kesan attended the SciSIP Principal Investigators' Conference at the National Academy of Sciences, Washington, DC.  He presented his paper "Academia or Industry, Basic or Applied? Career Choices and Earnings Trajectories of Scientists" with his co-author Rajschree Agarwal-Tronetti.
(9/17/2012)

Jay Kesan

In The Media
Intellectual Property Law
On September 17, 2012, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He explains the personal debate of choosing an iPhone or a Samsung and discusses the recent court ruling between the two.
(9/14/2012)

Jay Kesan

Conference
Intellectual Property Law
On September 14, 2012, Jay Kesan presented a paper: "PGR, IPR, CBM -- A Comparative Perspective from Japan", at Conference for The America Invents Act: One Year Later.  This conference was hosted at Indiana University Maurer School of Law.
(9/10/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatization of the internet backbone network and the domain name system was cited by the Harvard Negotiation Law Review. Orna Rabinovich-Einy & Ethan Katsh, Technology and the Future of Dispute Systems Design, 17 Harv. Negot. L. Rev. 151 (2012).

(9/10/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Stanford Technology Law Review. Sean Tu, Luck/Unluck of the Draw: An Empirical Study of Examiner Allowance Rates, 2012 Stan. Tech. L. Rev. 10 (2012).

(9/3/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on U.S. plant variety protection was cited by the University of Illinois Law Review. Paul J. Heald & Susannah Chapman, Veggie Tales: Pernicious Myths about Patents, Innovation, and Crop Diversity in the Twentieth Century, 2012 U. Ill. L. Rev. 1051 (2012).

(8/27/2012)

Jay Kesan

In The Media
Science and Technology
On August 27, 2012, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues In the News."  He discusses how Americans spend billions of dollars each year trying to fight off malicious spyware, and he shows that sometimes spies are much closer than we might think.
(8/13/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on self-defense and deterrence in cyberspace was cited by the California Law Review. Oona A. Hathaway et al., The Law of Cyber-Attack, 100 Cal. L. Rev. 817 (2012).

(8/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on setting software defaults was cited by the Washington Law Review. Woodrow Hartzog & Frederic Stutzman, Essay, Obscurity by Design, 88 Wash. L. Rev. 385 (2013).

(8/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on the fallacy of OSS discrimination by FRAND licensing was cited by the Minnesota Journal of Law, Science & Technology. Mariateresa Maggiolino & Maria Lillà Montagnani, Standardized Terms and Conditions for Open Patenting, 14 Minn. J.L. Sci. & Tech. 785 (2013).

(8/6/2012)

Jay Kesan

In The Media
Intellectual Property Law
On August 6, 2012, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He discusses the funny and witty video from the 2012 Olympic Opening Ceremonies and explains why copyright plays a role in not being able to view the video on social media websites.
(7/30/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Yale Journal of Law and Technology. Jason Rantanen & Lee Petherbridge, Therasense v. Becton Dickinson: A First Impression, 14 Yale J. L. & Tech. 226 (2011-2012).

(7/16/2012)

Jay Kesan

In The Media
Intellectual Property Law
On July 16, 2012, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He discusses the recent research on the bird flu and whether there should be regulation on the amount of research that is published publicly.
(7/16/2012)

Jay Kesan

Citation
Evidence

Professor Jay Kesan's note on scientific evidence in a post-Daubert world was cited by the South Texas Law Review. Amy B. Hargis & Joe R. Patranella, Rethinking Review: The Increasing Need for a Practical Standard of Review on Daubert Issues in Place of Joiner, 52 S. Tex. L. Rev. 409 (2011).

(7/16/2012)

Jay Kesan

Citation
Evidence

Professor Jay Kesan's note on scientific evidence in a post-Daubert world was cited by the South Texas Law Review. Michael E. Keasler & Cathy Cramer, Appellate Courts Must Conduct Independent Research of Daubert Issues to Discover "Junk Science", 52 S. Tex. L. Rev. 359 (2011).

(7/16/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Ruperto P. Majuca and William J. Yurcik's 2004 working paper on the economic case for cyberinsurance was cited by the John Marshall Journal of Computer & Information Law. Taiwo A. Oriola, Bugs for Sale: Legal and Ethical Proprieties of the Market in Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011).

(7/16/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the internet backbone network and the domain name system was cited by the Fordham International Law Journal. Alexandra Paslawsky, Note, The Growth of Social Media Norms and Governments' Attempts at Regulation, 35 Fordham Int'l L.J. 1485 (2012).

(7/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was cited by the Santa Clara Computer and High Technology Law Journal. Kristen Osenga, The Shape of Things to Come: What We Can Learn from Patent Claim Length, 28 Santa Clara Computer & High Tech. L.J. 617 (2012).

(7/2/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was cited by the Vanderbilt Law Review. David Fagundes & Jonathan S. Masur, Costly Intellectual Property, 65 Vand. L. Rev. 677 (2012).

(7/2/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay P. Kesan and co-author Gwendolyn G. Ball's article on judicial experience and the efficiency and accuracy of patent adjudication was cited by the Georgetown Law Journal. Paul R. Gugliuzza, Rethinking Federal Circuit Jurisdiction, 100 Geo. L.J. 1437 (2012).

(7/2/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the Michigan Journal of Gender & Law. Daniel B. Garrie, Limiting the Affirmative Defense in the Digital Workplace, 19 Mich. J. Gender & L. 229 (2012).

(6/25/2012)

Jay Kesan

In The Media
Science and Technology

On June 25, 2012, Professor Jay Kesan was a commentator on WILL AM's "Legal Issues in the News."  He discusses the legal issues for employers or courts asking individuals for their personal usernames and passwords to such websites as "Facebook" or "Twitter."      

(6/25/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Seton Hall Law Review. Professor Kesan and Ms. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was also cited. Michael Risch, Patent Troll Myths, 42 Seton Hall L. Rev. 457 (2012).

(6/25/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Pacific McGeorge Global Business & Development Law Journal. V.K. Unni, Indian Patent Law and TRIPS: Redrawing the Flexibility Framework in the Context of Public Policy and Health, 25 Pac. McGeorge Global Bus. & Dev. L.J. 323 (2012).

(6/13/2012)

Jay Kesan

Presentation
Intellectual Property Law
On June 13, 2012, Professor Jay Kesan presented a talk on "The AIA, the State of the U.S. Patent System and the Innovation Economy" at the Institute of Intellectual Propery in Tokyo, Japan.    
(6/4/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article providing a multidisciplinary perspective on intellectual property protection and agricultural biotechnology was cited by the Journal of Food Law & Policy. Chidi Oguamanam, Toward a Constructive Engagement: Agricultural Biotechnology as a Public Health Incentive in Less-developed Countries, 7 J. Food L. & Pol'y 257 (2011).

(6/1/2012)

Jay Kesan

Presentation
Environmental Law
On June 1, 2012, Jay Kesan presented a talk, "Mandatory Demand As a Policy Instrument: The Case of the Renewable Biofuel Standard (RFS)," at the 4th Annual Meeting of the Society for Environmental Law and Economics (SELE) at Indiana University, Bloomington, IN.
(5/28/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on setting software defaults was cited by the Vanderbilt Journal of Entertainment and Technology Law. Joshua A.T. Fairfield, "Do-Not-Track" as Contract, 14 Vand. J. Ent. & Tech. L. 545 (2012).

(5/28/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Michigan Telecommunications and Technology Law Review. Alan Devlin, Essay, Improving Patent Notice and Remedies: A Critique of the FTC's 2011 Report, 18 Mich. Telecomm. & Tech. L. Rev. 539 (2012).

(5/28/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Marc Banik's article on aligning incentives for research and development investment with incentives to disclose prior art was cited by the Michigan Telecommunications and Technology Law Review. Emily Michiko Morris, Res or Rules? Patents and the (Uncertain) Rules of the Game, 18 Mich. Telecomm. & Tech. L. Rev. 481 (2012).

(5/28/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes's article on thinking through active defense in cyberspace was cited by the Texas International Law Journal. Hannah Lobel, Note, Cyber War Inc.: The Law of War Implications of the Private Sector's Role in Cyber Conflict, 47 Tex. Int'l L.J. 617 (2012).

(5/21/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Richard Gruner and Shubha Ghosh's casebook on intellectual property was cited by the U.C. Davis Business Law Journal. Brenda Reddix-Smalls, Credit Scoring and Trade Secrecy: An Algorithmic Quagmire Or How the Lack of Transparency in Complex Financial Models Scuttled the Finance Market, 12 U.C. Davis Bus. L.J. 87 (2011).

(5/21/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres J. Gallo's article on ICANN and the politics of private procedures was cited by the Washington University Law Review. Justin T. Lepp, Note, ICANN's Escape from Antitrust Liability, 89 Wash. U. L. Rev. 931 (2012).

(5/21/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the William and Mary Law Review. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Sean B. Seymore, The Null Patent, 53 Wm. & Mary L. Rev. 2041 (2012).

(5/21/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Berkeley Technology Law Journal. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Joshua L. Sohn, Can't the PTO Get a Little Respect?, 26 Berkeley Tech. L.J. 1603 (2011).

(5/17/2012)

Jay Kesan

In The Media
Science and Technology
On May 17, 2012, Jay Kesan was the featured guest on the WILL Radio Program FOCUS 580, hosted by David Inge, discussing recent legislative activity regarding cybersecurity.  The full interview can be found here: http://will.illinois.edu/focus/interviews/2012/05/17/
(5/16/2012)

Jay Kesan

Presentation
Intellectual Property Law
On May 16, 2012, Jay Kesan gave a talk at the Osher Lifelong Learning Institute in Champaign, IL on "The U.S. Patent System and Why Should We Care?"
(5/14/2012)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-author Carol M. Hayes published "Mitigative Counterstriking: Self-Defense and Deterrence in Cyberspace" in the Harvard Journal of Law & Technology. 25 Harv. J.L. & Tech. 415 (2012).

(5/14/2012)

Jay Kesan

In The Media
Science and Technology
On May 14, 2012, Jay Kesan was featured on WILL'AM's "Legal Issues in the News."  He explains the cybersecurity related bills that are in varying stages of the legislative process.
(5/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv Shah's article on how architecture regulates was cited by the Women's Rights Law Reporter. Kelly Levy, Note, Equal, But Still Separate?: The Constitutional Debate of Sex-Segregated Public Restrooms in the Twenty-First Century, 32 Women's Rts. L. Rep. 248 (2011).

(5/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Indiana Law Review. Paul R. Gugliuzza, The New Federal Circuit Mandamus, 45 Ind. L. Rev. 343 (2012).

(4/30/2012)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv Shah published "Lost in Translation: Interoperability Issues for Open Standards" in I/S: A Journal of Law and Policy for the Information Society. 8 I/S: J. L. & Pol'y for Info. Soc'y 119 (2012).

(4/26/2012)

Jay Kesan

In The Media
Science and Technology
An interview with Professor Jay Kesan dealing with the balance between Internet freedoms and cybersecurity appears in the "A Minute With..." feature on the campus home page: http://illinois.edu/lb/article/72/62705/page=1/list=list?skinId=1643
(4/25/2012)

Jay Kesan

Presentation
Energy and Utilities Law
On April 25, 2012, Professor Jay Kesan presented at the 4th Annual EBI Biofuels Law and Regulation Conference.  His presentation was titled: "Mandatory Demand as a Policy Instrument: The Case of the Renewable Fuel Standard (RFS) Biofuel Program."
(4/23/2012)

Jay Kesan

In The Media
Intellectual Property Law
On April 23, 2012, Jay Kesan was featured on WILL'AM's "Legal Issues in the News."  He explains how two recent US Supreme Court decisions (Mayo Collaborative Services v. Prometheus Laboratories and Association for Molecular Pathology v. Myriad) may have more far reaching effects on the quality and availability of healthcare to the American public.
(4/16/2012)

Jay Kesan

Publication
Intellectual Property Law
Professor Jay Kesan with co-author Rajiv Shah published, "Lost in Translation: Interoperability Issues for Open Standards" in I/S: A Journal of Law and Policy for the Information Society, Volume 8:1, 2012.
(4/15/2012)

Jay Kesan

In The Media
Intellectual Property Law
Professor Jay Kesan's comments were featured in Technology Transfer Tactics, Vol. 6, No. 4, April 2012. 
(4/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on shaping code was cited by the Minnesota Journal of Law, Science & Technology. Jyh-An Lee & Ching-Yi Liu, Forbidden City Enclosed by the Great Firewall: The Law and Power of Internet Filtering in China, 13 Minn. J.L. Sci. & Tech. 125 (2012).

(4/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the Minnesota Journal of Law, Science & Technology. Professor Kesan's article on transferring innovation was also cited. Liza Vertinsky, An Organizational Approach to the Design of Patent Law, 13 Minn. J.L. Sci. & Tech. 211 (2012).

(4/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on U.S. plant variety protection was cited by the Lewis & Clark Law Review. Elizabeth I. Winston, A Patent Misperception, 16 Lewis & Clark L. Rev. 289 (2012).

(4/2/2012)

Jay Kesan

In The Media
Science and Technology
On April 2, 2012, Jay Kesan was featured on WILL'AM's "Legal Issues in the News."  He discusses the controversy of cameras in the courtroom in both Illinois courts and the U.S. Supreme Court.
(3/22/2012)

Jay Kesan

Presentation
Intellectual Property Law

Professor Jay Kesan participated in the Data Harmonization Symposium in Brussels on March 22, 2012.

(3/19/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Marc Banik's article on aligning incentives for research and development investment with incentives to disclose prior art was cited by the Fordham Intellectual Property, Media and Entertainment Law Journal. Emily Michiko Morris, The Myth of Generic Pharmaceutical Competition Under the Hatch-Waxman Act, 22 Fordham Intell. Prop. Media & Ent. L.J. 245 (2012).

(3/19/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Missouri Law Review. Jason R. Mudd, To Construe or Not to Construe: At the Interface Between Claim Construction and Infringement in Patent Cases, 76 Mo. L. Rev. 709 (2012).

(3/19/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Missouri Law Review. Mark A. Lemley, The Ongoing Confusion Over Ongoing Royalties, 76 Mo. L. Rev. 695 (2011).

(3/19/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on deconstructing code was cited by the Missouri Law Review. Greg R. Vetter, Patent Law's Unpredictability Doctrine and the Software Arts, 76 Mo. L. Rev. 763 (2011).

(3/15/2012)

Jay Kesan

Presentation
Administrative Law
On March 15, 2012, Professor Jay Kesan attended the Google Standards meeting, in Mt. View, CA, and presented his paper, "Lost in Translation: Interoperability Issues for Open Standards."
(3/12/2012)

Jay Kesan

In The Media
Science and Technology
On March 12, 2012, Professor Kesan was featured on WILL'AM's "Legal Issues in the News."  He explores the world of music copyright and explains where the royalty money goes.
(3/5/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the American Business Law Journal. Patricia Sánchez Abril et al., Blurred Boundaries: Social Media Privacy and the Twenty-First-Century Employee, 49 Am. Bus. L.J. 63 (2012).

(2/27/2012)

Jay Kesan

Citation
Corporations

Professor Jay Kesan's article on strategic prescriptions to promote corporate self-auditing was cited by the Boston College Law Review. Lesley K. McAllister, Regulation By Third-Party Verification, 53 B.C. L. Rev. 1 (2012).

(2/27/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres J. Gallo's article on an empirical re-assessment of ICANN-UDRP performance was cited by the Boston College Law Review. David A. Simon, An Empirical Analysis of Fair Use Decisions Under the Uniform Domain-Name Dispute-Resolution Policy, 53 B.C. L. Rev. 65 (2012).

(2/27/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Richard Gruner and Shubha Ghosh's casebook on intellectual property in business organizations was cited by the Columbia Science and Technology Law Review. Richard S. Gruner, Dispelling the Myth of Patents as Non-Rivalrous Property: Patents as Tools for Allocating Scarce Labor and Resources, 13 Colum. Sci. & Tech. L. Rev. 1 (2012).

(2/20/2012)

Jay Kesan

In The Media
Science and Technology

On February 20, 2012, Professor Kesan was featured on WILL'AM's "Legal Issues in the News." He explores why Wikipedia and thousands of other websites went dark to raise awareness over the Stop Online Piracy Act (SOPA).

(2/20/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the role and impact of special masters in patent cases was cited by the Journal of the Patent and Trademark Office Society. Joshua R. Nightingale, An Empirical Study on the Use of Technical Advisors in Patent Cases, 93 J. Pat. & Trademark Off. Soc'y 400 (2011).

(2/17/2012)

Jay Kesan

Presentation
Intellectual Property Law

On February 17th, 2012, Professor Kesan was a Panelist for the 13th Annual Intellectual Property Symposium at the University of Texas School of Law.  The Panel consisted of: John Golden, Jay Kesan, Mark Janis, and Kevin Meek.  They discussed the "America Invents Act."

(2/13/2012)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-authors Jason Rantanen and Lee Petherbridge published "America Invents, More or Less?" in the University of Pennsylvania Law Review PENNumbra. 160 U. Pa. L. Rev. PENNumbra 229 (2012).

(2/13/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on shaping code was cited by the William Mitchell Law Review. Greg Lastowka, Foreword: Paving the Path of Cyberlaw, 38 Wm. Mitchell L. Rev. 1 (2011).

(2/13/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on shaping code was cited by the Columbia Journal of Law & the Arts. Rebecca Giblin, Physical World Assumptions and Software World Realities (and Why There are More P2P Software Providers than Ever Before), 35 Colum. J.L. & Arts 57 (2011).

(2/11/2012)

Jay Kesan

Presentation
Intellectual Property Law
On February 11, 2012, Professor Jay Kesan presented his paper, "Commercialization of University-Originating Technologies and Its Relationship to Sources of Research Funding" during the Ninth Annual Works-in-Progress Intellectual Property Colloquium, at the University of Houston Law Center.
(2/6/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the West Virginia Law Review. Ariana R. Levinson, Toward a Cohesive Interpretation of the Electronic Communications Privacy Act for the Electronic Monitoring of Employees, 114 W. Va. L. Rev. 461 (2012).

(1/30/2012)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-authors David L. Schwartz and Ted Sichelman published "Paving the Path to Accurately Predicting Legal Outcomes: A Comment on Professor Chien's Predicting Patent Litigation" in the Texas Law Review See Also. 90 Tex. L. Rev. See Also 97 (2012).

(1/30/2012)

Jay Kesan

Presentation
Intellectual Property Law
On January 30th, Professor Jay Kesan presented his paper: "An Empirical Analysis of the Case for a Specialized Patent Trial Court" during a faculty workshop at the University of Washington.
(1/30/2012)

Jay Kesan

In The Media
Intellectual Property Law
On January 30, 2012, Professor Kesan was featured on WILL'AM's "Legal Issues in the News." He explains possible pitfalls of cutting and pasting images in an online environment.  The example Professor Kesan uses is virtual furnishing to help sell a home.
(1/30/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Timothy A. Slating published "Making Regulatory Innovation Keep Pace With Technological Innovation" in the Wisconsin Law Review. 2011 Wis. L. Rev. 1109 (2011).

(1/30/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the U.C. Davis Law Review. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Michael A. Carrier, Post-Grant Opposition: A Proposal and a Comparison to the America Invents Act, 45 U.C. Davis L. Rev. 103 (2011).

(1/30/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Ruperto P. Majuca and William J. Yurcik's working paper on the economic case for cyberinsurance was cited by the Harvard National Security Journal. Jerry Brito & Tate Watkins, Loving the Cyber Bomb? The Dangers of Threat Inflation in Cybersecurity Policy , 3 Harv. Nat'l Sec. J. 39 (2011).

(1/23/2012)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball published "Judicial Experience and the Efficiency and Accuracy of Patent Adjudication: An Empirical Analysis of the Case for a Specialized Patent Trial Court" in the Harvard Journal of Law & Technology. 24 Harv. J.L. & Tech. 393 (2011).

(1/23/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Harvard Journal of Law & Technology. Professor Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was also cited. Irina D. Manta, The Puzzle of Criminal Sanctions for Intellectual Property Infringement, 24 Harv. J.L. & Tech. 469 (2011).

(1/23/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Stanford Technology Law Review. Robin Feldman & Tom Ewing, The Giants Among Us, 2012 Stan. Tech. L. Rev. 1 (2012).

(1/16/2012)

Jay Kesan

Publication
Intellectual Property Law
Professor Jay Kesan and co-authors Hang Yu, Siddharth Taduri, Gloria Lau, and Kincho H. Law published "Mining Information Across Multiple Domains: A Case Study of Application to Patent Laws and Regulations in Biotechnology" in the Government Information Quarterly, Vol. 29, No. 1, January 2012.
(1/9/2012)

Jay Kesan

In The Media
Science and Technology
On January 9, 2012, Professor Kesan was featured on WILL'AM's "Legal Issues in the News." He explains what Congress is considering in order to protect critical infrastructure for computer systems that help us maintain our daily lives.
(1/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by the Texas Law Review. Professor Kesan and Ms. Ball's empirical examination of the adjudication and settlement of patent disputes and Professor Kesan's article on carrots and sticks to create a better patent system were also cited. Colleen V. Chien, Predicting Patent Litigation, 90 Tex. L. Rev. 283 (2011).

(1/9/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the Oklahoma Law Review. William R. Corbett, What is in GINA's Genes? The Curious Case of the Mutant-Hybrid Employment Law, 64 Okla. L. Rev. 1 (2011).

(1/2/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Iowa Law Review. Christopher B. Seaman, Willful Patent Infringement and Enhanced Damages after In re Seagate: An Empirical Study, 97 Iowa L. Rev. 417 (2012).

(1/2/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the New York University Law Review. Jonathan E. Barbee, Innovation on the Cutting Edge of Ariad: Reinventing the Written Description Requirement, 86 N.Y.U. L. Rev. 1895 (2011).

(1/2/2012)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on licensing restrictions and appropriating market benefits from plant innovation was cited by the Arizona Journal of Environmental Law & Policy. Ryann Beck, Farmers' Rights and Open Source Licensing, 1 Ariz. J. Envtl. L. & Pol'y 167 (2011).

(12/19/2011)

Jay Kesan

In The Media
Criminal Law and Procedure
On December 19, 2011, Professor Kesan was featured on WILL'AM's "Legal Issues in the News."  He read a twist on how the Grinch Stole Christmas, in which they discuss the crimes that Mr. Grinch commits.
(12/12/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Berkeley Technology Law Journal. David L. Schwartz, Explaining the Demise of the Doctrine of Equivalents, 26 Berkeley Tech. L.J. 1157 (2011).

(12/12/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the Berkeley Technology Law Journal. Lothar Determann & Robert Sprague, Intrusive Monitoring: Employee Privacy Expectations are Reasonable in Europe, Destroyed in the United States, 26 Berkeley Tech. L.J. 979 (2011).

(12/12/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Marquette Intellectual Property Law Review. Sarah M. Wong, Note, Environmental Initiatives and the Role of the USPTO's Green Technology Pilot Program, 16 Marq. Intell. Prop. L. Rev. 233 (2012).

(12/5/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Northern Kentucky Law Review. Bruce L. Beron & Jason E. Kinsella, Note, David vs. Goliath Patent Cases: A Search for the Most Practical Mechanism of Third Party Litigation Financing for Small Plaintiffs, 38 N. Ky. L. Rev. 605 (2011).

(11/28/2011)

Jay Kesan

In The Media
Science and Technology
On November 28, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of privacy of personal letters or phone calls versus email and texts.
(11/21/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Vanderbilt Law Review. Sean B. Seymore, Patently Impossible, 64 Vand. L. Rev. 1491 (2011).

(11/21/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on licensing restrictions and appropriating market benefits from plant innovation was cited by the SMU Law Review. Elizabeth A. Rowe, Patents, Genetically Modified Foods, and IP Overreaching, 64 SMU L. Rev. 859 (2011).

(11/7/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the University of Illinois Law Review. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Devon Curtis Beane, Note, Whose Right Is It Anyway?: The Evisceration of an Infringer's Seventh Amendment Right in Patent Litigation, 2011 U. Ill. L. Rev. 1853 (2011).

(10/24/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the John Marshall Review of Intellectual Property Law. Merritt J. Hasbrouck, Note, Protecting the Gates of Reasonable Royalty, 11 J. Marshall Rev. Intell. Prop. L. 192 (2011).

(10/17/2011)

Jay Kesan

In The Media
Intellectual Property Law
On October 17, 2011, Professor Kesan was featured on WILL'AM's "Legal Issues in the News."  He speaks on the topic of President Obama's signed major overhaul of patent law in over fifty years.  He also discusses the debate between people calling it a sorely needed restructuring neccessity to meet the demands of a globalizing world filled with new and emerging technologies, while others see it as a catastrphe for start-up companies and small businesses.
(10/10/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the Southern Illinois University Law Journal. Cara R. Sronce, The References of the Twenty-First Century: Regulating Employers' Use of Social Networking Sites as an Applicant Screening Tool , 35 S. Ill. U. L.J. 499 (2011).

(10/10/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres J. Gallo's article on ICANN and the politics of private procedures was cited by the Georgetown Journal of International Law. Teresa Scassa & Robert J. Currie, New First Principles? Assessing the Internet's Challenges to Jurisdiction, 42 Geo. J. Int'l L. 1017 (2011).

(9/26/2011)

Jay Kesan

In The Media
Science and Technology
On September 26, 2011, Professor Kesan was featured on WILL'AM's "Legal Issues in the News."  He explains a recent court ruling regarding the procedures for music locker services following and dealing with pirated music that is stored in "the cloud"--which is music stored on remote servers, connected through the internet.
(9/26/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by Patently-O Patent Law Journal. Bernard Chao, Not So Confidential: A Call for Restraint in Sealing Court Records, 2011 Patently-O Pat. L.J. 6 (2011).

(9/19/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Christopher J. Miller's article on the renewable fuel standard was cited by Environmental Law. Ann E. Drobot, Transitioning to a Sustainable Energy Economy: The Call for National Cooperative Watershed Planning, 41 Envtl. L. 707 (2011).

(9/6/2011)

Jay Kesan

In The Media
Science and Technology
On September 6, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the controversy of companies buying key search words, through search engines such as Google, in order to boost their productivity or companies' status. 
(9/5/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the impact of general and patent-specific judicial experience on the efficiency and accuracy of patent adjudication was cited by the Journal of Business & Technology Law. Wesley A. Demory, Note, Patent Claim Obviousness in Jury Trials: Where's the Analysis?, 6 J. Bus. & Tech. L. 449 (2011).

(8/29/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Marc Banik's article on aligning incentives for research and development investment with incentives to disclose prior art was cited by the Journal of Legal Analysis. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Daniel F. Spulber, Should Business Method Inventions Be Patentable?, 3 J. Legal Analysis 265 (2011).

(8/22/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Marc Banik's article on aligning incentives for research and development investment with incentives to disclose prior art was cited by IDEA: The Intellectual Property Law Review. Dmitry Karshtedt, Contracting for a Return to the USPTO: Inter Partes Reexaminations as the Exclusive Outlet for Licensee Challenges to Patent Validity, 51 IDEA 309 (2011).

(8/15/2011)

Jay Kesan

In The Media
Intellectual Property Law
On August 15, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of the U.S. Court of Appeals for the Federal Circuit's decision regarding the patenting of life materials for the biotechnology industry.
(8/15/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by the Southern California Law Review. Jonathan M. Barnett, Intellectual Property as a Law of Organization, 84 S. Cal. L. Rev. 785 (2011).

(8/15/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Vanderbilt Journal of Entertainment and Technology Law. Peter K. Yu, Digital Copyright and Confuzzling Rhetoric, 13 Vand. J. Ent. & Tech. L. 881 (2011).

(8/15/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the internet backbone network and the domain name system was cited by Law and Contemporary Problems. Ethan Katsh et al., Is There an App for That? Electronic Health Records (EHRs) and a New Environment of Conflict Prevention and Resolution, 74 Law & Contemp. Probs. 31 (2011).

(8/8/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the Berkeley Technology Law Journal. Alan Devlin, Patent Law's Parsimony Principle, 25 Berkeley Tech. L.J. 1693 (2010).

(8/4/2011)

Jay Kesan

In The Media
Science and Technology
Professor Jay Kesan and Timothy Slating's study appears in "Inside Illinois".  Their study focuses on regulatory innovations keeping pace with technological innovations in the biofuels industry. This article appeared in Vol. 31, No. 3 on August 4, 2011. http://news.illinois.edu/news/11/0721biobutanol_JayKesan.html
(8/1/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on shaping code was cited by the Maryland Law Review. John Copeland Nagle, Pornography As Pollution, 70 Md. L. Rev. 939 (2011).

(7/25/2011)

Jay Kesan

In The Media
Environmental Law
On July 25, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of federal subsidies for the use of ethanol, which continues to be the most widely available form of biofuel in the U.S.
(7/25/2011)

Jay Kesan

In The Media
Science and Technology
On July 25, 2011, Professor Kesan's interview with WAND TV aired on the 10:00pm local news.  He was interviewed on the new legislation being considered in Congress about the spectrum auctions to open up more frequencies for wireless communications.
(7/25/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Cardozo Arts and Entertainment Law Journal. Orit Fischman Afori, Flexible Remedies as a Means to Counteract Failures in Copyright Law, 29 Cardozo Arts & Ent. L.J. 1 (2011).

(7/25/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres J. Gallo's article on an empirical re-assessment of ICANN-UDRP performance was cited by the Vanderbilt Law Review. Michael G. Bowers, Note, Implementing an Online Dispute Resolution Scheme: Using Domain Name Registration Contracts to Create a Workable Framework, 64 Vand. L. Rev. 1265 (2011).

(7/18/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on taking stock of the U.S. patent system was cited by the Santa Clara Computer and High Technology Law Journal. Marketa Trimble, When Foreigners Infringe Patents: An Empirical Look at the Involvement of Foreign Defendants in Patent Litigation in the U.S., 27 Santa Clara Computer & High Tech. L.J. 499 (2011).

(7/18/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres J. Gallo's article on ICANN and the politics of private procedures was cited by the Brooklyn Journal of International Law. Kenneth Anderson, "Accountability" as "Legitimacy": Global Governance, Global Civil Society and the United Nations, 36 Brook. J. Int'l L. 841 (2011).

(7/11/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Houston Law Review. Allan Bullwinkel, Comment, Specifically Fighting Inequitable Conduct, 48 Hous. L. Rev. 349 (2011).

(7/11/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by the John Marshall Review of Intellectual Property Law. Jacob H. Rooksby, University Initiation of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011).

(7/7/2011)

Jay Kesan

In The Media
Science and Technology
Professor Jay P. Kesan's article entitled "Mitigative Counterstriking: Self-Defense and Deterrence in Cyberspace" was the subject of a news release by the UI News Bureau: http://news.illinois.edu/news/11/0627cyberattacks_JayKesan.html.  The article appeared in Vol. 31, No. 1 on July 7, 2011.
(7/5/2011)

Jay Kesan

In The Media
Science and Technology
On July 5, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of fictional roles created and embraced by poeple in virtual worlds and the legal disuptes over property and intellectual property in courts in the real world.
(6/28/2011)

Jay Kesan

Publication
Science and Technology
Professor Jay P. Kesan with co-author Gwendolyn G. Ball published "Judicial Experience and the Efficiency and Accuracy of Patent Adjudication: An Empirical Analysis of the Case for a Specialized Patent Trial Court" in the Harvard Journal of Law and Technology, Vol. 24, No. 2, Spring 2011.
(6/27/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors was cited by the John Marshall Review of Intellectual Property Law. Jacob H. Rooksby, University Initiation of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011).

(6/27/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on running code as part of an open standards policy was cited by the Wisconsin Law Review. Margaret Chon, Sticky Knowledge and Copyright, 2011 Wis. L. Rev. 177 (2011).

(6/20/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the DePaul Journal of Art, Technology & Intellectual Property Law. Professor Kesan's article on carrots and sticks to create a better patent system was also cited. Justin J. Lesko, A Proposal for Early Interactive Third Party Participation at the USPTO, 21 DePaul J. Art, Tech. & Intell. Prop. L. 257 (2011).

(6/20/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on a first principles examination of electronic privacy in the workplace was cited by the American Business Law Journal. Corey A. Ciocchetti, The Eavesdropping Employer: A Twenty-First Century Framework for Employee Monitoring, 48 Am. Bus. L.J. 285 (2011).

(6/14/2011)

Jay Kesan

In The Media
Science and Technology
On May 23rd, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of the federal appeals court decision reversing a lower federal district court decision regarding embryonic stem cell research.  The higher court has now permitted federal funding for embryonic stem cell research to continue.
(6/13/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Columbia Science and Technology Law Review. Professor Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was also cited. Damon C. Andrews, Why Patentees Litigate, 12 Colum. Sci. & Tech. L. Rev. 219 (2011).

(6/13/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on the political economy of the patent system was cited by the Cardozo Journal of International and Comparative Law. Professor Kesan's articles on carrots and sticks to create a better patent system, and office oppositions and patent invalidation in court were also cited. Kali Murray & Esther van Zimmeren, Dynamic Patent Governance in Europe and the United States: The Myriad Example, 19 Cardozo J. Int'l & Comp. L. 287 (2011).

(6/6/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the internet backbone network and the domain name system was cited by the Duke Law Journal. Kevin Werbach, The Network Utility, 60 Duke L.J. 1761 (2011).

(5/23/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the role and impact of special masters in patent cases was cited by the Texas Law Review. Gregory R. Baden, Note, Third-Party Assistance in Determining Obviousness, 89 Tex. L. Rev. 1203 (2011).

(5/16/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the internet backbone network and the domain name system was cited by the Brigham Young University Law Review. David S. Ardia, Government Speech and Online Forums: First Amendment Limitations on Moderating Public Discourse on Government Websites, 2010 B.Y.U. L. Rev. 1981 (2010).

(5/9/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Brigham Young University Law Review. Christopher B. Seaman, Reconsidering the Georgia-Pacific Standard for Reasonable Royalty Patent Damages, 2010 B.Y.U. L. Rev. 1661 (2010).

(5/3/2011)

Jay Kesan

In The Media
Taxation - State and Local
On May 3, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of online sales tax and using this as a method to gain additional revenue for states.
(4/25/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on shaping code was cited by the University of Louisville Law Review. Llewellyn Joseph Gibbons, Tech Transfer: Everything (Patent) is Never Quite Enough, 48 U. Louisville L. Rev. 843 (2010).

(4/25/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Shubha Ghosh's article on the search for optimal ignorance in the patent office was cited by the Journal of Legal Analysis. Jonathan S. Masur, Costly Screens and Patent Examination, 2 J. Legal Analysis 687 (2010).

(4/25/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on strategic prescriptions to promote corporate self-auditing was cited by the Minnesota Journal of Law, Science & Technology. Aaron B. Rabinowitz, Ending the Invalidity Shell Game: Stabilizing the Application of the Written Description Requirement in Patent Litigation, 12 Minn. J.L. Sci. & Tech. 127 (2011).

(4/18/2011)

Jay Kesan

Publication
Intellectual Property Law

Professor Jay Kesan and co-author Atsushi Ohyama's article "Understanding U.S. Ethanol Consumption and its Implications for Policy: A Study of the Impact of State-Level Incentives" was published in the University of Illinois Law Review. 2011 U. Ill. L. Rev. 435 (2011).

(4/18/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the University of Illinois Law Review. Elizabeth Burleson & Winslow Burleson, Innovation Cooperation: Energy Biosciences and Law, 2011 U. Ill. L. Rev. 651 (2011).

(4/18/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on intellectual property and agricultural biotechnology from a multidisciplinary perspective was cited by the Journal of Environmental Law and Practice. Chidi Oguamanam, Genetic Resources & Access and Benefit Sharing: Politics, Prospects and Opportunities for Canada after Nagoya, 22 J. Env. L. & Prac. 87 (2011).

(4/18/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Fordham Intellectual Property, Media and Entertainment Law Journal. David O. Taylor, Clear But Unconvincing: The Federal Circuit's Invalidity Standard, 21 Fordham Intell. Prop. Media & Ent. L.J. 293 (2011).

(4/18/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Texas Law Review See Also. Herbert Hovenkamp, Notice and Patent Remedies, 88 Tex. L. Rev. See Also 221 (2011).

(4/18/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark D. Janis's article on intellectual property protection for plant innovation and unresolved issues after J.E.M. v. Pioneer was cited by the Houston Law Review. Brenda M. Simon, Patent Cover-Up, 47 Hous. L. Rev. 1299 (2011).

(4/11/2011)

Jay Kesan

In The Media
Energy and Utilities Law
On April 11, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of nuclear power, and discussed the partial meltdown, explosion, and fires at the Fukushima-Daiichi nuclear plant in Japan.  He also touched base on whether we have proper monitoring of nuclear plants and adequate measures to protect ourselves if there is a similar nuclear disaster in the U.S.
(4/11/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and Andres A. Gallo's article on why "bad" patents survive in the market and the private and social costs of patents was cited by the Columbia Law Review. Gideon Parchomovsky & Michael Mattioli, Partial Patents, 111 Colum. L. Rev. 207 (2011).

(4/11/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Stanford Technology Law Review. Professor Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market was also cited, as well as Professor Kesan and co-author Gwendolyn G. Ball's article on an empirical examination of the adjudication and settlement of patent disputes. Joseph Scott Miller, Joint Defense or Research Joint Venture? Reassessing the Patent-Challenge-Bloc's Antitrust Status, 2011 Stan. Tech. L. Rev. 5 (2011).

(3/28/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why "bad" patents survive in the market was cited by the UCLA Law Review. Matthew K. K. Sumida, Defendant Class Actions and Patent Infringement Litigation, 58 UCLA L. Rev. 843 (2011).

(3/28/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors was cited by the Georgetown Law Journal. John R. Allison, Mark A. Lemley & Joshua Walker, Patent Quality and Settlement Among Repeat Patent Litigants, 99 Geo. L.J. 677 (2011).

(3/28/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on carrots and sticks to create a better patent system was cited by the Temple Law Review. David O. Taylor, Patent Fraud, 83 Temp. L. Rev. 49 (2010).

(3/21/2011)

Jay Kesan

In The Media
Intellectual Property Law

On March 21, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of filing for a patent first and making sure it is filed with enough research.  He also discusses a recent MIT Patent case.

(2/28/2011)

Jay Kesan

In The Media
Science and Technology

On February 28, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of potential restrictions of TV programming and internet services over the next seven years.

(2/25/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's study of patent caseloads was cited by the Patently O-Patent Law Journal. Edward Reines & Nathan Greenblatt, Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009, Part II, 2010 Patently O-Pat. L.J. 7 (2010).

(2/14/2011)

Jay Kesan

Citation
Science and Technology

Professor Jay Kesan and co-author Andres A. Gallo's article on optimizing regulation of electronic commerce was cited by the Loyola Consumer Law Review. Caitlin J. Akins, Conversion of Digital Property: Protecting Consumers in the Age of Technology, 23 Loy. Consumer L. Rev. 215 (2010).

(2/14/2011)

Jay Kesan

Citation
Science and Technology

Professor Jay Kesan and co-author Ruperto P. Majuca's paper on hacking back as self-defense in cyberspace was cited by the Journal of Law, Economics & Policy. Michael D. Wheatley, Apologia for the Second Circuit's Opinion in SEC v. Dorozhko, 7 J.L. Econ. & Pol'y 25 (2010).

(2/7/2011)

Jay Kesan

In The Media
Intellectual Property Law

On February 7, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of the Rights to Federally Funded Inventions

(2/7/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on why “bad” patents survive in the market was cited by the Wisconsin Law Review. Tun-Jen Chiang, The Rules and Standards of Patentable Subject Matter, 2010 Wis. L. Rev. 1353 (2010).

(2/1/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on strategic behavior by individual inventors, small firms, and entrepreneurs in patent litigation was cited by the Michigan Telecommunications and Technology Law Review. Their empirical examination of the adjudication and settlement of patent disputes was also cited. In addition, Professor Kesan and co-author Andres A. Gallo's article on why “bad” patents survive in the market and how we should change was cited. Ted Sichelman & Stuart J.H. Graham, Patenting by Entrepreneurs: An Empirical Study, 17 Mich. Telecomm. & Tech. L. Rev. 111 (2010).

(2/1/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on transferring innovation was cited by the Michigan Telecommunications and Technology Law Review. Lisa Larrimore Ouellette, How Many Patents Does it Take to Make a Drug? Follow-On Pharmaceutical Patents and University Licensing, 17 Mich. Telecomm. & Tech. L. Rev. 299 (2010).

(1/25/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the Iowa Law Review. Christina Bohannan, IP Misuse as Foreclosure, 96 Iowa L. Rev. 475 (2011).

(1/20/2011)

Jay Kesan

Honor
Science and Technology

Honorable Mention Award ($1,000), Research Competition on Cyberdeterrence conducted by the National Research Council (NRC) for work on “Thinking Through Active Defense in Cyberspace,” 2011.

(1/18/2011)

Jay Kesan

In The Media
Intellectual Property Law

On January 18, 2011, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of Economic Espionage -- an effort to safeguard our nation's economic secrets.

(1/18/2011)

Jay Kesan

Citation
Science and Technology

Professor Jay Kesan and co-author Rajiv C. Shah's article on deconstructing code was cited by the University of Colorado Law Review. Kristin N. Johnson, Things Fall Apart: Regulating the Credit Default Swap Commons, 82 U. Colo. L. Rev. 167 (2011).

(1/10/2011)

Jay Kesan

Citation
Commercial Law

Professor Jay Kesan and co-author Andres A. Gallo's article on optimizing regulation of electronic commerce was cited by the Minnesota Law Review. Robert B. Ahdieh, The Visible Hand: Coordination Functions of the Regulatory State, 95 Minn. L. Rev. 578 (2010).

(1/10/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the North Carolina Law Review. Daniel R. Rose, Equitable Uniformity: Finding a Workable Solution to the (Non) Application of Issue Preclusion to Patent Claim Construction, 89 N.C. L. Rev. 274 (2010).

(1/10/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Loyola of Los Angeles Law Review. Richard S. Gruner, How High is Too High?: Reflections on the Sources and Meaning of Claim Construction Reversal Rates at the Federal Circuit, 43 Loy. L.A. L. Rev. 981 (2010).

(1/10/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's research paper on strategic behavior by individual inventors, small firms and entrepreneurs in patent litigation was cited by the Loyola of Los Angeles Law Review. David L. Schwartz, Pre-Markman Reversal Rates, 43 Loy. L.A. L. Rev. 1073 (2010).

(1/10/2011)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's empirical examination of the adjudication and settlement of patent disputes was cited by the Loyola of Los Angeles Law Review. Ted Sichelman, Myths of (Un)Certainty at the Federal Circuit, 43 Loy. L.A. L. Rev. 1161 (2010).

(12/27/2010)

Jay Kesan

In The Media
Science and Technology

On December 27, 2010, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of online shopping scams.

(12/20/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Rajiv C. Shah's article on the privatizations of the internet backbone network and the domain name system was cited by the Northwestern University Law Review. Kevin Werbach, Castle in the Air: A Domain Name System for Spectrum, 104 Nw. U. L. Rev. 613 (2010).

(12/20/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Mark Janis' article on U.S. plant variety protection was cited by the Wake Forest Intellectual Property Law Journal. The author's interview with Professor Kesan on licensing patented seeds was also cited. Rita S. Heimes, Post-Sale Restrictions on Patented Seeds: Which Law Governs?, 10 Wake Forest Intell. Prop. L.J. 98 (2010).

(12/6/2010)

Jay Kesan

In The Media
Intellectual Property Law

On December 6, 2010, Professor Kesan was featured on WILL-AM's "Legal Issues in the News."  He spoke on the topic of University mascots and licensing.

(12/6/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's book on agricultural biotechnology and intellectual property law was cited by Jurimetrics. Professor Kesan and co-author Mark D. Janis's article on U.S. plant variety protection was also cited. Amanda L. Kool, Halting Pig in the Parlor Patents: Nuisance Law as a Tool to Redress Crop Contamination, 50 Jurimetrics J. 453 (2010).

(12/6/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's various articles on patent law were cited by the George Mason Law Review. Megan M. La Belle, Patent Litigation, Personal Jurisdiction, and the Public Good, 18 Geo. Mason L. Rev. 43 (2010).

(12/6/2010)

Jay Kesan

Citation
Science and Technology

Professor Jay Kesan's article on electronic privacy in the workplace was cited by the Rutgers Law Review. Cicero H. Brabham, Curiouser and Curiouser: Are Employers the Modern Day Alice in Wonderland? Closing the Ambiguity in Federal Privacy Law as Employers Cyber-Snoop Beyond the Workplace, 62 Rutgers L. Rev. 993 (2010).

(11/29/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Andres A. Gallo's article on the political economy of the patent system was cited by the Boston College Law Review. Christina Bohannan and Herbert Hovenkamp, IP and Antitrust: Reformation and Harm, 51 B.C. L. Rev. 905 (2010).

(11/22/2010)

Jay Kesan

Publication
Science and Technology

Professor Jay Kesan and co-author Ruperto Majuca's article, "Optimal Hackback" was published in the Chicago-Kent Law Review. Jay P. Kesan and Ruperto Majuca, Optimal Hackback, 84 Chi.-Kent L. Rev. 831 (2010).

(11/22/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the role and impact of special masters in patent cases was cited by the Boston College Intellectual Property & Technology Forum. Dolly Wu, Patent Litigation: What About Qualification Standards for Court Appointed Experts?, 2010 B.C. Intell. Prop. & Tech. F. 91501 (2010).

(11/22/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on the impact of general and patent-specific judicial experience on the efficiency and accuracy of patent adjudication was cited by the Yale Law Journal. Peter Lee, Patent Law and the Two Cultures, 120 Yale L.J. 2 (2010).

(11/22/2010)

Jay Kesan

Citation
Science and Technology

Professor Jay Kesan and co-author Ruperto Majuca's argument in favor of legal rules that allow hacking data back in certain business circumstances was cited by the Chicago-Kent Law Review. Andrea M. Matwyshyn, Data Devolution: Corporate Information Security, Consumers, and the Future of Regulation, 84 Chi.-Kent L. Rev. 713 (2010).

(11/22/2010)

Jay Kesan

Citation
Science and Technology

Professor Jay Kesan's article on private internet governance was was cited by the Columbia Science and Technology Law Review. Daniel H. Kahn, Social Intermediaries: Creating a More Responsible Web through Portable Identity, Cross-Web Reputation, and Code-Backed Norms, 11 Colum. Sci. & Tech. L. Rev. 176 (2010).

(11/15/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan's article on licensing restrictions was cited by the Washington University Global Studies Law Review. Kelly T. Crosby, The United States and Iraq: Plant Patent Protection and Saving Seed, 9 Wash. U. Glob. Stud. L. Rev. 511 (2010).

(11/15/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-authors Richard Gruner and Shubha Ghosh's casebook on intellectual property in business organizations was cited by the University of Dayton Law Review. Shubha Ghosh, The Transactional Turn in Intellectual Property, 35 U. Dayton L. Rev. 329 (2010).

(11/8/2010)

Jay Kesan

Citation
Intellectual Property Law

Professor Jay Kesan and co-author Gwendolyn G. Ball's article on adjudication and settlement of patent cases was cited by the Southern California Law Review. Eric B. Cheng, Alternatives to District Court Patent Litigation: Reform by Enhancing the Existing Administrative Options, 83 S. Cal. L. Rev. 1135 (2010).

(10/26/2010)

Jay Kesan

Honor
Intellectual Property Law

Best Paper Award for Contributions to Foundations of Electronic Governance at the 4th International Conference on Theory and Practice of Electronic Governance (ICEGOV), Beijing, China, Oct. 25-28, 2010

(8/25/2010)

Jay Kesan

Honor
Science and Technology

Microsoft Faculty Research Award for work on technology standards, 2010 ($40,000)