Saurabh Vishnubhakat writes and teaches on intellectual property law, civil procedure, and administrative law, particularly from an empirical perspective.
Curriculum Vitae
Current Appointments
Texas A&M University
Associate Professor, School of Law
Associate Professor, College of Engineering
Duke University
Fellow, Duke Law Center for Innovation Policy
Prior Experience
George Mason University School of Law
Thomas Edison Innovation Fellow
Duke University
Faculty Fellow, Duke Law Center for Innovation Policy
Postdoctoral Associate, Duke Center for Public Genomics
United States Patent and Trademark Office
Expert Advisor, Office of Chief Economist
Attorney Advisor, Office of Chief Economist
Articles
Except as otherwise stated, these papers reflect only the views of the author(s).
The Youngest Patent Validity Proceeding: Evaluating Post-Grant Review
25 Tex. Intell. Prop. L.J. (forthcoming 2016)
An Intentional Tort Theory of Patents
68 Fla. L. Rev. (forthcoming 2016)
Strategic Decision Making in Dual PTAB and District Court Proceedings
31 Berkeley. Tech. L.J. 45 (2016) (with Arti Rai & Jay Kesan)
When Biopharma Meets Software: Bioinformatics at the Patent Office
29 Harv. J.L. & Tech. 205 (2015) (with Arti Rai)
The USPTO Patent Pro Bono Program
7 Cybaris: Intell. Prop. L. Rev. 1 (2015) (with Jennifer McDowell)
What's It Worth to Keep a Secret?
13 Duke L. & Tech. Rev. 116 (2015) (with Gavin Reid & Nicola Searle)
The Mouse That Trolled
2 J.L. & Biosci. (2015) (with Tania Bubela & Robert Cook-Deegan) (peer-reviewed)
Expired Patents
64 Cath. U. L. Rev. 419 (2015)
Gender Diversity in the Patent Bar
14 J. Marshall Rev. Intell. Prop. L. 67 (2014)
Certain Patents
16 Yale J.L. & Tech. 103 (2013) (with Alan Marco)
Of Smart Phone Wars and Software Patents
27 J. Econ. Persp. 67 (2013) (with Stuart Graham) (peer-reviewed)
Pre-Service Removal in the Forum Defendant's Arsenal
47 Gonz. L. Rev. 147 (2011)
Reconceiving the Patent Rocket Docket
11 J. Marshall Rev. Intell. Prop. L. 58 (2011)
Books & Book Chapters
A Tort Theory of Patent Litigation: History and Reform (Cambridge University Press, forthcoming 2019)
The Patent Trial and Appeal Board (with Arti Rai & Jay Kesan)
in Research Handbook on the Economics of Intellectual Property Law, Vol. II: Analytical Methods (Peter Menell & David L. Schwartz, eds.) (Edward Elgar Publishing, forthcoming 2016)
Shorter Pieces & Commentaries
Precedent and Process in the Patent Trial and Appeal Board
PatentlyO (May 10, 2016)
Ariosa v. Sequenom: In Search of Yes After a Decade of No
Nat'l L. Rev. (Dec. 4, 2015)
Commil v. Cisco and the Tort of Patent Infringement
Invited Post on the Written Description Blog (Dec. 9, 2014)
Cognitive Economy and the Trespass Fallacy: A Response to Professor Mossoff
65 Fla. L. Rev. Forum 38 (2014)
The Growing Public Domain in Medicine
15 Colum. Sci. & Tech. L. Rev. 293 (2014)
What Patent Attorney Fee Awards Really Look Like
63 Duke L.J. Online 15 (2014)
Protecting the Public from Itself: The Unconstitutional ‘Say No to Drug Ads’ Act
25 WLF Legal Backgrounder, No. 7 (2010)
Briefs & Public Filings
Except as otherwise stated, these briefs reflect only the views of the author(s).
Comment to the SEC in Support of the Enhanced Disclosure of Patent and Technology License Information, Concept Release: Business and Financial Disclosure Required by Regulation S-K
File No. S7–06–16 (Sec. Exch. Comm’n, July 22, 2016)
Brief of Amici Curiae First Amendment Scholars in Support of Petitioners, Expressions Hair Design v. Schneiderman
No. 15–1391 (Sup. Ct., June 15, 2016)
Brief of 19 Law Professors as Amici Curiae in Support of Petition for a Writ of Certiorari, Sequenom, Inc. v. Ariosa Diagnostics, Inc., et al.
No. 15–1182 (Sup. Ct., Apr. 20, 2016)
Brief of Amicus Curiae Twenty-Three Law Professors in Support of Appellants’ Petition for Rehearing En Banc, Ariosa Diagnostics, Inc., et al. v. Sequenom, Inc., et al.
Nos. 2014–1139, 2014–1144 (Fed. Cir., Aug. 27, 2015)
Brief of Professor Saurabh Vishnubhakat as Amicus Curiae in Support of Respondent, Commil USA, LLC v. Cisco Systems, Inc.
No. 13–896 (Sup. Ct., Feb. 26, 2015)
Brief of Amicus Curiae Franklin Pierce Law Center on En Banc Rehearing in Support of the United States Patent and Trademark Office, Hyatt v. Kappos
No. 2007–1066 (Fed. Cir., May 24, 2010) (with Pierce Law IP Amicus Brief Clinic)
Public & Media Appearances
Chicago-Kent Supreme Court IP Review, Commil v. Cisco (September 25, 2015)
Duke Law Innovation Policy Roundtable on the USPTO Patent Trial and Appeal Board, The USPTO vs. the Courts (June 3, 2015)
Duke Law Innovation Policy Roundtable on the USPTO Patent Trial and Appeal Board, Post-Grant Review vs. Initial Examination (June 3, 2015)
American University Supreme Court Series, Commil v. Cisco (March. 31, 2015)
This Week in Law, No. 295 (March. 6, 2015)
Contributions to Policy Initiatives
Methods for Studying the Diversity of Patent Applicants
- Memorandum of the USPTO (June 2015)
- Request for Comments, 78 Fed. Reg. 72064 (Dec. 2, 2013)
Confirmatory Genetic Diagnostic Testing
- Report of the USPTO to Congress (Sept. 2015)
- Notice of Public Roundtable, 77 Fed. Reg. 71170 (Nov. 29, 2012)
- Request for Comments and Notice of Public Hearings, 77 Fed. Reg. 3748 (Jan. 25, 2012)
Recordation of Real-Party-in-Interest Information for Patents
- Notice of Roundtable on Proposed Requirements, 77 Fed. Reg. 70385 (Nov. 26, 2012)
- Request for Comments, 76 Fed. Reg. 72372 (Nov. 23, 2011)
International Patent Protection for Small Businesses
- Report of the USPTO to Congress (Jan. 2012)
- Request for Comments and Notice of Public Hearings, 76 Fed. Reg. 62389 (Oct. 7, 2011)
Recent Presentations
Legal Doctrine and Institutional Detail at the Patent Office, Guest Lecture: Intellectual Property Survey, University of Washington School of Law (May 11, 2016)
The Antitrusting of Patentability, Vanderbilt Law IP Scholars Roundtable (April 28–29, 2016)
The Non-Doctrine of Redundancy, Texas A&M Law Symposium: Intellectual Property in All the New Places (April 15–16, 2016)
The Antitrusting of Patentability, PatCon 6: The Patent Conference (April 8–9, 2016)
The Field of Invention, Notre Dame Law School Junior Patent Roundtable (April 1, 2016)
The Youngest Patent Validity Proceeding, Texas Intellectual Property Law Journal Symposium on Patent and Trademark Office Proceedings (March 4, 2016)
The Antitrusting of Patentability, Mizzou Law Faculty Colloquium (March 2, 2016)
The Antitrusting of Patentability, Works-in-Progress IP Colloquium (February 19–20, 2016)
Post-Grant Proceedings, Fourth Annual Naples Patent Experts Conference (February 8–9, 2016)
Recent Ethics/Malpractice Developments for Attorneys Handling Patent Litigation, 53rd Annual CAIL Conference on Intellectual Property Law (November 16–17, 2015)
The Field of Invention, Michigan State Junior Faculty Workshop (October 23, 2015)
The Antitrusting of Patentability, Texas A&M IP Scholars Roundtable (October 9–10, 2015)
The Field of Invention, Texas Legal Scholars Workshop (August 28–29, 2015)
The Field of Invention, 15th IP Scholars Conference (August 6–7, 2015)
The Field of Invention, University of Oklahoma Junior Scholars Conference (July 23–24, 2015)
Invited Junior Commentator, University of Houston Administrative Law Workshop (April 18, 2015)
The Rise of Bioinformatics Examination at the Patent Office, Works-in-Progress IP Colloquium (February 6–7, 2015)
Patent Propagation: A Research Proposal, USD Professors' Patent Law Workshop (January 17, 2015)
Estimating the Effectiveness of Ex Post Patent Review, USD 5th Annual Patent Law Conference (January 16, 2015)
Scientific Research
Predicting Tailored Substrate Specificity for a Natural Product Analog: A Test Case in Computational Enzyme Design, 57th Southeastern / 61st Southwestern Regional Meeting of the American Chemical Society (2005)
Controlled Macromolecule Release from Poly-N-Isopropylacrylamide-co-Acrylic Acid (p-NIPAm-co-AAc) Microgels in Solution, 1st Southeastern Conference on Undergraduate Research at Emory (2003)
A Look at Chromosome 14 Ring-Inherited Tonic-Clonic Seizure Disorder, Case Study Presentation to Neurology Rotation Class, Emory School of Medicine (2003)
A Look at Chronic Inflammatory Demyelinating Polyradiculoneuropathy, Case Study Presentation to Neurology Rotation Class, Emory School of Medicine (2003)