Professor Christopher Seaman’s New Work Published in the Texas Intellectual Property Law Journal and featured in SSRN Top 10 Lists
Washington and Lee law professor Christopher Seaman’s article, Ongoing Royalties in Patent Cases After eBay: An Empirical Assessment and Proposed Framework, recently appeared in the symposium issue of volume 23 of the Texas Intellectual Property Law Journal. The Professor Seaman’s article is also featured on SSRN top ten lists in four different subject areas: Intellectual Property, Intellectual Property: Empirical Studies, Innovation & Patent Law & Policy, and Innovation Policy Studies.
From the abstract:
The Supreme Court’s landmark decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 288 (2006), significantly changed the remedial landscape for patent owners, holding that a permanent injunction would not automatically follow a finding that an asserted patent was infringed and not invalid. As a result, a substantial number of prevailing patentees have been denied the ability to exclude future acts of infringement. eBay’s impact is perhaps most acute for patent assertion entities (“PAEs”) — firms that own, license, and assert patents in litigation, but do not themselves directly practice the patented technology — who rarely can satisfy eBay’s four-factor test.
In eBay’s wake, the Federal Circuit has approved an alternative prospective remedy called an ongoing royalty. But despite lower courts’ increasing use of this remedy, numerous questions about the structure and methodology for determining an ongoing royalty remain unresolved. This Article addresses the issue of ongoing royalty awards from both an empirical and doctrinal perspective. First, it reports the results of an original empirical study regarding ongoing royalty awards by district courts since eBay. Second, it proposes a new framework for computing an ongoing royalty that requires consideration of actual or anticipated changes to the relevant product market, as well as potential future alternatives to the patented technology, in determining the amount of an ongoing royalty award.
Washington and Lee Law professor Victoria Shannon Sahani was recently featured by Oxford University Press on their Investment Claims homepage. Professor Sahani’s blog post, titled The Structural Challenge of Investment Arbitration Viewed through the Lens of Third-Party Funding was published on June 10, 2015.
In late April, Washington and Lee law professor Mark Drumbl gave a lecture at the University of Cologne entitled “Thinking Twice About Child Soldiers,” which addressed a number of arguments made in a CNN op/ed and also a blog post. In May, he taught a course on public international law held at Herstmonceaux Castle, in southern England near Hastings and traveled to the Czech Republic to give a public lecture on “Atrocity Then, Trials Now: The Value of Delayed Justice.” This talk, delivered at Masaryk University School of Law, examined the justifications for prosecuting 93 year-old Oskar Groening, who is currently on trial in Germany and who had served as the accountant and bookkeeper at Auschwitz in the 1940’s.
Finally, in June Drumbl gave a lecture to lawyers at the Department of Justice on evidentiary challenges in securing convictions under the US Child Soldiers Accountability Act, which gives US courts the ability to prosecute individuals who unlawfully recruit children under the age of fifteen into armed forces or armed groups anywhere in the world.
On Tuesday, June 9, Washington and Lee Law Professor Christopher Bruner spoke at the University of Hong Kong on his current book project examining the role of small jurisdictions in cross-border corporate and financial services, titled Market-Dominant Small Jurisdictions in a Globalizing Financial World (forthcoming, Oxford University Press). The seminar was sponsored by the Asian Institute of International Financial Law, a research center of UHK’s Faculty of Law, where Professor Bruner has pursued his research on Hong Kong’s financial center as a Visiting Fellow.
Assistant Dean for Legal Information Services and Professor Legal Research Caroline Osborne recently spoke at the University of North Texas Annual Open Access Symposium. The event was held on May 18 and 19, 2015 at the UNT Dallas College of Law and titled “Open Access, the Law, and Public Information.”
The 2015 symposium examined aspects of how the law relates to the open access movement, including copyright law, privacy law, access to government information, and access to and use of legal literature online. Dean Osborne presented a program, “The Open Access Advantage for American Law Reviews” with Carol Watson of the University of Georgia and James Donovan of the University of Kentucky.
Washington and Lee Law Professor Christopher Bruner spoke at a conferenced titled “Understanding the Modern Company,” hosted by the Centre for Commercial Law Studies at Queen Mary University of London. The event, co-sponsored with University College London on May 9, 2015, brought together “scholars from around the world to explore the nature and function of companies,” aiming to “develop a normative approach to understanding the modern company.” Professor Bruner presented a working paper titled “The Corporation’s Intrinsic Attributes” as part of a panel exploring comparative and historical perspectives on the modern corporate form.
Washington and Lee law professor Susan Franck recently spoke at the Center for Transnational Legal Studies in London. The event, International Economic law and the Challenge of Global Inequality was held on April 17-18, 2015 at King’s College.
Professor Franck participated on a panel discussing international investment law with other experts in the field.
The organization used Twitter to share details of the event including Professor Franck’s remarks and photos of participants: https://twitter.com/ctls_london