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Saurabh Vishnubhakat

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Ipse Dixit
Ipse DixitSaurabh Vishnubhakat on the Constitutionality of the Appointment of PTAB JudgesIn this episode, Saurabh Vishnubhakat, Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo School of Law, discusses his draft article "Constitutional Structure in the Patent Office." Vishnubhakat begins by explaining how the patent application or "prosecution" process works, how the Patent Office adjudication process is structures, and how Patent Office administrative law judges are appointed. He then explains why the appointment process creates a constitutional problem under the Appointment Clause, based on recent Supreme Court opinions. Finally, he explains how the problem could be solved, and why the solution might improve patent...
2025-07-161h 08FedSoc Events
FedSoc EventsPanel: Regulation of AlgorithmsOpaque algorithms shape what news stories you see on social media, dictate how artificial intelligence answers prompts, and can even decide whether applicants get a mortgage or a job interview. Amidst claims of algorithmic race, gender, and viewpoint discrimination, more and more individuals of all political affiliations are calling for greater government regulation of algorithms, while regulatory skeptics worry that government intervention will impede important technological innovation. This panel will explore the wisdom of efforts to regulate algorithms and how best to frame concerns about algorithmic errors and bias.Featuring:Prof. Gregory Dickinson, Assistant Professor of Law...
2025-03-121h 46Engelberg Center Live!
Engelberg Center Live!Rethinking Patent Prosecution: State of Play in District CourtsPanel One: The State of Play in District CourtsJohn Desmarais (moderator), Desmarais LLPJudge Raymond Chen, U.S. Court of Appeals for the Federal CircuitNicholas Groombridge, Groombridge, Wu, Baughman & Stone LLPJudge Maryellen Noreika, U.S. District Court for the District of DelawareSaurabh Vishnubhakat, Cardozo Law
2024-04-1143 minIpse Dixit
Ipse DixitJordana Goodman on Authorship Credit and the Gender GapIn this episode, Jordana Goodman, Visiting Clinical Assistant Professor at the Boston University School of Law, discusses her new article Ms. Attribution: How Authorship Credit Contributes to the Gender Gap.  She argues that misattribution in the authorship of legal work disparately impacts underrepresented members of the legal profession, with a focus on women in patent law.  In her article, Professor Goodman reports empirical findings from a large novel dataset of agency actions and responses during the patent examination process in the United States Patent and Trademark Office.  She also addresses the larger professional and cultural implications of these findings and...
2022-05-1050 minIpse Dixit
Ipse DixitSarah Burstein & Saurabh Vishnubhakat on the Truth About Design PatentsIn this episode, Sarah Burstein, Professor of Law at the University of Oklahoma College of Law, and Saraubh Vishnubhakat, Professor of Law at Texas A&M University School of Law, discuss their article "The Truth About Design Patents," which will be published in the American University Law Review. Here is the abstract:Design patents are hot. Scholars and policymakers are increasingly focusing on this once-niche area of law. However, many of the empirical studies in this area—including old ones that still get cited—rely on statistics and empirical conclusions that were methodologically questionable from the start, or have...
2022-02-2334 minRTP\'s Fourth Branch Podcast
RTP's Fourth Branch PodcastDeep Dive 206 – Intellectual Property in a Pandemic: The Proposed COVID-19 WTO WaiverIn October 2020, India and South Africa filed a request at the World Trade Organization (WTO) to create an exemption from an international treaty known as TRIPS (Trade-Related aspects of Intellectual Property Rights) for technologies, drugs, and vaccines used to respond to the COVID-19 pandemic. If the WTO adopts the waiver, countries could refuse to issue and protect IP rights for those technologies.Some argue that the waiver is a necessary measure that would give a boost to the global fight against COVID-19, but others contend it would do little to help defeat the current pandemic and could hinder...
2022-01-121h 07Ipse Dixit
Ipse DixitSamantha Zyontz on Patent Trolls and the Alice DecisionIn this episode, Samantha Zyontz, postdoctoral research fellow in intellectual property at Stanford Law School and a fellow of the Stanford Center for Law and the Biosciences, discusses her new article Does Alice Target Patent Trolls?, coauthored with Mark Lemley. They argue that the Supreme Court’s 2014 patent-eligibility decision in Alice v. CLS Bank has had a mixed impact, including some surprising results. Dr. Zyontz explains that biotechnology and life science-related patents are more likely than software or IT-related patents to survive an Alice challenge in court litigation. However, it is individual inventors and inventor-started companies—not patent trolls—who are m...
2020-11-0959 minIpse Dixit
Ipse DixitCathay Smith on Political Fair UseIn this episode, Cathay Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her new article Political Fair Use. Professor Smith identifies an emerging tendency among courts to give special weight to political expression in cases involving copyright infringement and fair use, and she argues that this kind of special treatment has led to important departures from traditional fair use analysis and Supreme Court guidance. The article is forthcoming in the William & Mary Law Review and is available on SSRN. Professor Smith is on Twitter at @CathaySmith.This episode was hosted by...
2020-09-1748 minIpse Dixit
Ipse DixitJanet Freilich on Matching and Digging at the Patent OfficeIn this episode, Janet Freilich, Associate Professor of Law at the Fordham University School of Law and Visiting Associate Professor at the Boston University School of Law, discusses her new article Matching and Digging: Evidentiary Analysis at the Patent Office. Professor Freilich argues that when it comes to two important and distinct forms of evidentiary analysis—matching versus digging—patent examiners are better at one than the other, with important consequences for patent quality. In her article, Professor Freilich applies this insight to ongoing debates about the relationship between patent prosecution and patent litigation and about the use of artifi...
2020-09-1146 minIpse Dixit
Ipse DixitStephanie Plamondon Bair on Poverty and Intellectual PropertyIn this episode, Stephanie Plamondon Bair, Associate Professor of Law at the Brigham Young University J. Reuben Clark Law School, discusses her new article Impoverished IP. She argues that recent debates about using intellectual property systems, especially patent and copyright, as a means for economically empowering those in poverty miss an important mark. In her article, Professor Bair discusses findings from psychology and neuroscience about the cognitive burdens that poverty imposes on decision making and creativity. She concludes that these burdens are an underappreciated obstacle to meaningful participation in the creative process, and identifies policy interventions that more directly pro...
2019-05-2837 minIpse Dixit
Ipse DixitSarah Wasserman Rajec on the Property Law Misfit in Patent LawIn this episode, Sarah Wasserman Rajec, Associate Professor of Law at the College of William & Mary Marshall-Wythe School of Law, discusses her new article The Property Law Misfit in Patent Law. She argues that in various circumstances, the animating principles of patent law are best served by departing from otherwise frequent reliance on property law analogies. In her article, Professor Rajec engages with a growing literature that revisits patent law’s place within property law. Using recent Supreme Court patent decisions that range in subject matter from remedies to commercial law to administrative adjudication, she concludes that property law is a...
2019-05-2142 minIpse Dixit
Ipse DixitSaurabh Vishnubhakat on Patent Office PolicymakingIn this episode, Saurabh Vishnubhakat, Associate Professor of Law at the Texas A&M University School of Law and Dwight Look College of Engineering, discusses his article "Disguised Patent Policymaking." Vishnubhakat begins by describing the history and structure of the Patent Office, focusing on its adjudicatory role. Among other things, he discusses the origins and function of ex parte and inter partes review of issued patents. He then explains how the Patent Office has used adjudication to engage in de facto rulemaking. He argues that in the interest of transparency and predictability, the Patent Office should promulgate rules directly, rather...
2019-01-2655 minThis Week in Law (Video)
This Week in Law (Video)Samsung's Lonely Ice Rink - Patent law with Saurabh Vishnubhakat. All about the patent process with Saurabh Vishnubhakat, Amazon patents warehouse blimps, the Inventor Protection Act and U.S. innovation, Twitter vs. Alex Jones, possibly the very first animal selfie and more! Hosts: Denise Howell and Stefan Szpajda Guest: Saurabh Vishnubhakat Download or subscribe to this show at https://twit.tv/shows/this-week-in-law. Public list of discussion points TWiL on Facebook Attorneys may submit a self-study form to their local CLE board seeking MCLE credit approval. Please check the rules and requirements for your specific jurisdiction before submitting any forms.
2018-08-181h 52This Week in Law (Audio)
This Week in Law (Audio)Samsung's Lonely Ice Rink - Patent law with Saurabh Vishnubhakat. All about the patent process with Saurabh Vishnubhakat, Amazon patents warehouse blimps, the Inventor Protection Act and U.S. innovation, Twitter vs. Alex Jones, possibly the very first animal selfie and more! Hosts: Denise Howell and Stefan Szpajda Guest: Saurabh Vishnubhakat Download or subscribe to this show at https://twit.tv/shows/this-week-in-law. Public list of discussion points TWiL on Facebook Attorneys may submit a self-study form to their local CLE board seeking MCLE credit approval. Please check the rules and requirements for your specific jurisdiction before submitting any forms.
2018-08-181h 52