Brian J Love

Santa Clara Law School Alumna Makes Monumental Gift to Support Excellence in High Tech Law

Exciting news: Santa Clara Law's High Tech Law Institute (@scuhtli.bsky.social) will become the Datta Center for High Tech Law, thanks to an incredibly generous gift from alum Madhumita Datta!

law.scu.edu/news-events/...

In the end, regardless of the methods we choose, we find no evidence that Alice harmed software startups. If you'd like to take a look, the paper is now available on SSRN here: papers.ssrn.com/sol3/papers....

Most notably, we use detailed deal-level data sourced from PitchBook to construct a wide variety of startup success metrics. We also try different ways of sorting startups into treatment and control groups.

Christian Helmers and I have posted a new working paper that assesses Alice's impact on software startups. While we aren't the first to write in this area, our analysis advances the literature in several ways.

The SCU Leavey School of Business posted an article about the research Christian Helmers and I have been doing on ideologically motivated judge shopping at the district court level.

For a much deeper dive into Trump-nominated judge shopping by litigants challenging Biden administration policies, check out our recent working paper with @pape-econ.bsky.social available here: papers.ssrn.com/sol3/papers....

A draft is now available on SSRN here: papers.ssrn.com/sol3/papers....

We find no evidence of judge shopping and show, to the contrary, that litigation opposing Trump admin policies has mostly been filed in relatively ideologically balanced venues, where it has been decided both for and against the admin by relatively liberal and relatively conservative judges alike.

Yesterday's insightful thread from @adambonica.bsky.social spurred me to post a new related essay (with Christian Helmers) that uses Adam's ideology measure. We look at suits filed against the Trump admin and assess claims that they have been strategically directed to particularly liberal judges.

A Truly Global Event! 🌍 Participants traveled from all over the country and the world to present at Santa Clara Law's Internet Law Works-in-Progress. 16 US states/districts and 5 continents are represented. #InternetLawWIP25 #HTLI #SantaClaraLaw

The full paper is available on SSRN here: papers.ssrn.com/sol3/papers....

In contrast, cases currently challenging Trump admin policies do not follow the same pattern of judge shopping. One reason, which we explore in the paper, is that single-judge divisions largely exist in "red" states, where (thanks to the blue slip process) judges are more conservative on average.

We find that the Trump administration selected particularly conservative judges to serve in divisions that traditionally assign all (or nearly all) cases to a single judge, and we find that following a Trump nominee's confirmation single-judge divisions saw an increase in politically motivated cases

In a new working paper, Christian Helmers, Louis-Daniel Pape, and I take a deep dive into the first Trump administration's impact on the ideology of US district courts. We focus on appointments to single-judge divisions and resulting opportunities for ideologically motivated judge shopping.

BTW, I just discovered that videos from BU's 2024 IP Day conference are available online here: sites.bu.edu/tpri/news-an.... You can watch me present this paper in the Session 4 video beginning at 19:10 (sound drops for a bit, but returns at 20:24), followed by comments from Francine Lafontaine.

Are non-practising entities opportunistic? Evidence from litigation of standard essential patents Abstract. Are non-practising entities (NPEs)—firms that specialize in the enforcement of patent rights rather than the commercialization of patented techno

My paper (with Christian Helmers) comparing US SEP enforcement by NPEs vs. operating tech companies is now available in final published form in volume 77 of Oxford Economic Papers.
academic.oup.com/oep/article/...

Feeling stressed by the end-of-semester crush or state of the world in general? HTLI is here help. Throughout the coming holiday season we'll be spreading cheer by sharing the results of some recent `The Office'-inspired faculty "portraiture." Stay tuned to see the results! You won't want to miss it

In a newly revised paper now forthcoming in IRLE, Christian Helmers and I assess whether 4 of the most significant US patent system reforms of the last 20 years (eBay, PTAB, Alice, and TC Heartland) had a measurable impact on innovation: papers.ssrn.com/sol3/papers....

Last day of class photo for SCU Law's summer abroad program in Singapore (held on the SMU campus). Next week students transition to externships in Singapore, Thailand, and Vietnam.

Happy to report that my study (w/ Christian Helmers) of SEP assertion by NPEs is forthcoming in Oxford Economic Papers. We compare opportunism across NPE & op-co cases & find NPEs more likely to leverage declaration process, lack of market transparency, & supply chain papers.ssrn.com/sol3/papers....

Federal judiciary clamps down on ‘judge-shopping’ tactics that have helped Texas block Biden and liberal policies | CNN Politics The policy-making body of the federal judiciary is clamping down on the system that conservatives have successfully used in recent years to hamstring President Joe Biden’s agenda and other federal pol...

Could this policy apply to IP cases, which strictly speaking can lead to "nationwide orders"? I can't find the text, only a press release (www.uscourts.gov/news/2024/03... ) which says policy applies to cases that "seek to bar or mandate state or federal actions"

www.cnn.com/2024/03/12/p...

#WIPIP2024

WIPIP 2024 is underway! #WIPIP2024

My paper with Christian Helmers and Yassine Lefouili examining the frequency and determinants of opportunistic conduct in SEP assertion was published this week by the American Law & Economics Review academic.oup.com/aler/advance...

Happy Holidays from HTLI! 🎁

Remember, folks, there's only 50 shopping days remaining until WIPIP 2024! #GameOfDrones #WIPIPisComing

Coming soon to an office near me: Zahr Said and @edleeprof.bsky.social!!!