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Troll Repellent: The Customer Suit Exception Today

October 29, 2019

Normally, the plaintiff in a patent infringement case gets to choose where to file their lawsuit. However, when a plaintiff sues a customer for using

IPRs and Sovereign Immunity

March 26, 2019
IPRs and Tribal Sovereign Immunity

On July 20, 2018, the Federal Circuit held in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, Inc. that Native American tribes cannot assert tribal

A Federal Anti-SLAPP Law Would Make CDA 230 More Effective

September 12, 2018

This article was published originally on, and was co-authored with Evan Mascagni, the Policy Director at the Public Participation Project. Re-published with the

Shining a Light on the New Solar Tariffs

March 26, 2018

On January 22nd, 2018 President Donald Trump authorized tariffs on solar cell and module imports beginning at 30 percent and gradually reducing to 15

Peer Review and Daubert: The Uncertain Science of Evaluating Scientific Certainty

February 14, 2018

Peer review is the bedrock of scientific publication and is used by courts to determine the evidentiary reliability of a proffered expert witness. Should peer

Automated Notices for Copyright Infringement: Pitfalls and Remedies

November 28, 2017

Background of Notice and Takedown

Since the birth of the internet, online service providers (OSPs) have butted heads with copyright holders over whether OSPs should be