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
Professor, School of Law
Professor, Dwight Look College of Engineering
Duke University
Fellow, Duke Law Center for Innovation Policy
Prior Experience
Texas A&M University
Associate Professor, School of Law
Associate Professor, Dwight Look College of Engineering
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
The Normative Molecule: Patent Rights and DNA (peer-reviewed)
26 HYLE Int'l J. Phil. Chem. 55 (2020)
Disguised Patent Policymaking
76 Wash. & Lee L. Rev. 1667 (2019)
Renewed Efficiency in Administrative Patent Revocation
104 Iowa L. Rev. 2643 (2019)
The Non-Doctrine of Redundancy
33 Berkeley Tech. L.J. 777 (2019)
The Porous Court-Agency Boundary in Patent Law
51 Akron L. Rev. 1069 (2018)
When Can the Patent Office Intervene in its Own Cases?
73 N.Y.U. Ann. Surv. Am. L. 201 (2018)
The Antitrusting of Patentability
48 Seton Hall L. Rev. 71 (2017)
The Field of Invention
45 Hofstra L. Rev. 899 (2017)
Strategic Decision Making in Dual PTAB and District Court Proceedings
31 Berkeley Tech. L.J. 45 (2016) (w/ Arti Rai & Jay Kesan)
An Intentional Tort Theory of Patents
68 Fla. L. Rev. 571 (2016)
When Biopharma Meets Software: Bioinformatics at the Patent Office
29 Harv. J.L. & Tech. 205 (2015) (w/ Arti Rai)
The USPTO Patent Pro Bono Program
7 Cybaris: Intell. Prop. L. Rev. 1 (2015) (w/ Jennifer McDowell)
What's It Worth to Keep a Secret?
13 Duke L. & Tech. Rev. 116 (2015) (w/ Gavin Reid & Nicola Searle)
The Mouse That Trolled (peer-reviewed)
2 J.L. & Biosci. (2015) (w/ Tania Bubela & Robert Cook-Deegan)
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) (w/ Alan Marco)
Of Smart Phone Wars and Software Patents (peer-reviewed)
27 J. Econ. Persp. 67 (2013) (w/ Stuart Graham)
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, under contract)
Survival Analysis in Intellectual Property (w/ Alan Marco)
in Approaches and Methodologies in Intellectual Property Research (Irene Calboli & Maria Lillà Montagnani, eds.) (Oxford University Press, forthcoming)
The Patent Trial and Appeal Board (w/ Arti Rai)
in Research Handbook on the Economics of Intellectual Property Law, Vol. II: Analytical Methods (Peter Menell & David L. Schwartz, eds.) (Edward Elgar Publishing, 2019)
Essays & Commentaries
The Lackluster Revolution of CBM Review
Fed Circuit Blog (Sept. 15, 2020)
Silicon Valley’s APA Challenge to PTAB Discretion
PatentlyO (Sept. 2, 2020)
Immigration, Patents, and Judicial Review of Agency Action
Yale Journal on Regulation, Notice & Comment Blog (Mar. 25, 2020)
Joinder and the One-Year Time Bar in Inter Partes Review
PatentlyO (Mar. 20, 2020)
The Mixed Case for a PTAB Off-Ramp
18 Chi.-Kent J. Intell. Prop. 101 (2019)
Appellate Standing, Biosimilars, and the Federal Circuit
PatentlyO (Mar. 11, 2019)
Managing the PTAB's Legacy of Partial Institution
PatentlyO (Sept. 24, 2018)
First Steps After SAS Institute
PatentlyO (April 27, 2018)
Mapping the Patent Office Intervenor Power
PatentlyO (February 5, 2018)
Antitrust-Style Analysis in Patent Law
The Antitrust Attorney Blog (January 30, 2018)
Shenanigans, Time Bars, and Federal Circuit Oversight
PatentlyO (January 10, 2018)
Section 101 as a Shortcut for Other Patentability Requirements
PatentlyO (August 7, 2017)
Court-Agency Allocations of Power and the Limits of Cuozzo
PatentlyO (May 5, 2017)
The Youngest Patent Validity Proceeding: Evaluating Post-Grant Review
24 Tex. Intell. Prop. L.J. 333 (2016)
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)
Public Talks & Media Appearances
American University Supreme Court Series, Thryv v. Click-to-Call (December 9, 2019)
NYU Law Symposium on Proving IP, Proving Good/Bad Faith and Intent (May 16–17, 2019)
Ipse Dixit Podcast, No. 132 (January 26, 2019)
The CAP·impact Podcast, No. 31 (January 9, 2019)
Chicago-Kent Supreme Court IP Review, SAS Institute v. Iancu (September 21, 2018)
Chicago-Kent Supreme Court IP Review, Staying on Top of Recent Developments at the PTAB (September 21, 2018)
This Week in Law, No. 430 (August 17, 2018)
John Marshall IP Lecture Series, Patent Mistakes in the Administrative State (January 31, 2017)
USPTO-Duke-Santa Clara Patent Quality Conference (December 13, 2016)
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)
Testimony, Briefs & Public Filings (Principal or Contributing Author)
Brief of Amici Curiae Professors of Patent and Administrative Law in Support of Respondent, Thryv, Inc. v. Click-To-Call Technologies, LP
No. 18–916 (Sup. Ct., Nov. 4, 2019)
Comment to the USPTO on the Report Required by the SUCCESS Act of 2018
Docket No. PTO–C–2019–0010 (U.S. Patent & Trademark Off., June 28, 2019)
Invited Testimony, Hearings of the Federal Trade Commission on Competition and Consumer Protection in the 21st Century: Session on Innovation and Intellectual Property Policy (Oct. 24, 2018)
Response to the Proposed Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
Docket No. PTO–P–2018–0036 (U.S. Patent & Trademark Off., July 9, 2018)
Brief of Amici Curiae Professors of Patent and Administrative Law in Support of Neither Party, Wi-Fi One, LLC v. Broadcom Corporation
Nos. 15–1944, –1945, –1946 (Fed. Cir., Feb. 23, 2017)
Expressions Hair Design v. Schneiderman, No. 15–1391 (Sup. Ct.)
- Brief of Amici Curiae First Amendment Scholars & First Amendment Lawyers Association in Support of Petitioners (Nov. 21, 2016)
- Brief of Amici Curiae First Amendment Scholars in Support of Petitioners (June 15, 2016)
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 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) (w/ Pierce Law IP Amicus Brief Clinic)