JOSEPH SCOTT MILLER, Associate Professor
(Photo from Felipe, at Flickr.) Full C.V.
C.V. Blogging
I blog at The Fire of Genius. Materials for Jurisprudence: Interpretation, Spring 2007
Jurisprudence: Interpretation, Spring 2007 Course Page Materials for Patent Law & Policy, Spring 2007
Patent Law & Policy Spring 2007 Course Page Publications
Below is a list of my current publications. For each listed publication, I have provided a link that pulls up a "pdf" copy of the publication. For some of the older pieces, the "pdf" file is a scanned image and thus a larger file. Enhancing Patent Disclosure for Faithful Claim Construction, 9 Lewis & Clark Law Review 177 (2005) [symposium contribution] "Enhancing Patent Disclosure" Article The Proven Key: Roles & Rules for Dictionaries in the Patent Office & the Courts, 54 American University Law Review 829 (2005) [with James A. Hilsenteger] "Proven Key" Article Building a Better Bounty: Litigation-Stage Rewards for Defeating Patents, 19 Berkeley Technology Law Journal 667 (2004) "Better Bounty" Article This Bitter Has Some Sweet: Potential Antitrust Enforcement Benefits from Patent Law's Procedural Rules, 70 Antitrust Law Journal 875 (2003). "Bitter Has Some Sweet" Article Allchin's Folly: Exploding Some Myths About Open Source Software, 20 Cardozo Arts & Ent. L.J. 491 (2002). "Allchin's Folly" Article The Historical Roots of Patent Prosecution Laches, Oregon Intellectual Property Newsletter, Spring 2002, at 8. "Patent Prosecution" Article The Expert as Educator [with Ronald J. Allen], in Expert Witnesses in Child Abuse Cases (Ceci & Hembrooke eds., 1998). "Expert as Educator" Book Chapter Muddy Waters: Infringement Analysis After Markman and Warner-Jenkinson [with Clyde F. Willian], 7 Fed. Cir. B.J. 227 (1997). "Muddy Waters" Article The Expert as Educator: Enhancing the Rationality of Verdicts in Child Sex Abuse Prosecutions [with Ronald J. Allen], 1 Psychol., Pub. Pol'y, & L. 323 (1995). "Expert as Educator" Article The Common Law Theory of Experts: Deference or Education? [with Ronald J. Allen], 87 Nw. U. L. Rev. 1131 (1993). "Common Law Theory of Experts" Article Presentations & Testimony
Below is a list of presentations I have made or testimony I have provided. For each such item, I have provided a link that calls up a "pdf" file of the written version of my work. This Bitter Has Some Sweet: Antitrust Enforcement Benefits from Patent Law's Procedural Rules, presented to USDOJ/FTC Joint Hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy, May 14, 2002 (Afternoon Session). "Bitter Has Some Sweet" Testimony Equivalent Infringement: Festo, J&J, and Beyond, Oregon Law Institute CLE Seminar (Sept. 20, 2002), 50+ participants. OLI Program PowerPoint Slides "The Legal Opinion Behind Your Marketplace Statements About Patent Rights: Can Accused Infringers Compel Disclosure?", part of Fifth Lewis & Clark Law School Intellectual Property Conference, Feb. 5, 2003 (Oregon Law Institute). Program HandOut: "Marketplace Statements" "Patent Prosecution Client Conflicts: Screening & Strategies", part of Practical Issues in Intellectual Property, sponsored by Oregon State Bar, April 17, 2003. Program HandOut: Prosecution Conflicts Leaving the Chancellor's Shadow: A Reasonable Royalty Rule for Technical Standards Patents, Oregon State Bar CLE Seminar (July 23, 2003), 35+ participants. Program HandOut: "Leaving the Chancellor's Shadow" Beyond Festo: Continuing Case Law Developments in the Doctrine of Equivalents, Washington State Patent Law Association / Oregon Patent Law Association Joint Meeting (April 22-23, 2005), 85+ participants. Program HandOut, "Beyond Festo" Putting the Law (Back) in Patent Law: The October 2005 Term of the Supreme Court, Oregon Patent Law Association CLE Lunch (June 29, 2005), 35+ participants. Program HandOut, "Putting the Law (Back) ..."
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