| Stanford Bio | https://law.stanford.edu/directory/lisa-larrimore-ouellette/ |
| Scholarship | https://ssrn.com/author=1231602 |
| Free Casebook | https://patentcasebook.org |
| Bluesky | https://bsky.app/profile/patentscholar.bsky.social |
Masur and Ouellette's new paper on the categories of prior art is really illuminating. They propose thinking of internal commercial uses as sales, and making the on-sale bar specific to the party making the sale (while leaving the public-use bar as a bar against the world). If you make those changes, everything snaps into place.
Lisa Ouellette and I have a guest blog post on Patently-O summarizing our new paper on double patenting.
https://patentlyo.com/patent/2024/07/lemley-ouellette-patenting.html
Lisa Ouellette and I have a new paper documenting the significant increase in double patenting and terminal disclaimers and supporting sensible efforts by both the Federal Circuit and the PTO to rein in abuses of double patenting
A huge win today in LKQ v. GM, the case I argued in February to the en banc Federal Circuit! All ten judges agreed with us in reversing the panel opinion, and nine judges agreed to overrule Rosen and Durling and adopt an obviousness framework consistent with Supreme Court precedent
Congrats to Mark McKenna, my partner in this venture
https://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf
Law360: "Judge Taranto said he's typically 'disappointed' with the [amicus] briefs submitted to the court, and urged the attorneys in the room to do better. 'It's very rare we get amicus briefs that say something beyond what the parties say,' he said. 'Most amicus briefs make broad, unsupported general assertions about things for which we aren't given independent basis to evaluate the truth of the assertions.'"
https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085
Six Federal Circuit judges counseled a packed room of attorneys on Tuesday about the most common ways to ruin their own cases, such as talking too much at oral argument, adding additional citations and attacking judges or opposing counsel.
I am very excited the FTC has voted to ban noncompetes nationwide. This is a major step towards opening up labor markets and improving the lives of tens of millions of workers.
I am happy to say I played a small role in helping this happen, though others, like Orly Lobel, did much more
https://thehill.com/business/4615452-ftc-votes-to-ban-non-compete-agreements/
The Federal Trade Commission (FTC) voted 3-2 on Tuesday to ban noncompete agreements that prevent tens of millions of employees from working for competitors or starting a competing business after they leave a job. From fast food workers to CEOs, the FTC estimates 18 percent of the U.S. workforce is covered by noncompete agreements —…
James Grimmelmann
Mark A Lemley
Sarah Fackrell