Thanks for visiting. This page links to my academic articles, presentations, and op-ed pieces.

Professor Colleen V. Chien

colleen_chienColleen Chien is a senior advisor for intellectual property and innovation to the U.S. CTO, in the White House’s Office of Science and Technology Policy (OSTP). She is on a leave of absence from her position as Assistant Professor at Santa Clara University School of Law, where teaches and writes about patent law and international intellectual property.

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Op-Eds & Adapted Works

Everything You Need to Know About Trolls (The Patent Kind), WIRED.com (June 2013)

Make Patent Trolls Pay in Court, with Randall Rader and David Hricik, The New York Times (June 2013)

Patent Trolls by the Numbers, Patently-O (March 2013)

Tailoring the Patent System To Work for Software and Technology Patents, WIRED.com (forthcoming)

In Its Rush to Fix Patent Reform, Congress Didn’t Fix Its Biggest Errorwith Eric Goldman, Forbes.com (January 2013) 

10 Tips for Startups Dealing With Patent Troll Demandswith Stefani Shanberg, TechCrunch (October 2012)

Race to the BottomIntellectual Asset Management (IAM) Magazine (January/February 2012)

Patents and the Public Interest, with Mark Lemley, The New York Times (online op-ed section) (December 2011)

Turn the Tables on Patent Trolls, Forbes.com (August 2011)

Scholarly Articles

Santa Clara Law Best Practices in Patent Litigation Survey, with Daniel Dobkin, Wesley Helmholz, Coryn Millslagle, Nicole Shanahan, and Christopher Patrick Tosetti, 42 AIPLA Q.J. ___ (2014)

Why Technology Customers Are Being Sued En Masse for Patent Infringement & What Can Be Done, with Edward Reines, 49 Wake Forest Law Review 235 (2014)

Holding Up and Holding Out, 21 Michigan Telecommunications & Technology Law Review ___ (2014)

Patent Assertion and Startup Innovation, New America Foundation (2013)

Startups and Patent TrollsStanford Technology Law Review (2013)

Reforming Software Patents, 50 Houston Law Review 325 (2012)

Patent Holdup, the ITC, and the Public Interestwith Mark Lemley, 98 Cornell Law Review 1 (2012)

Predicting Patent Litigation, 90 Texas Law Review 283 (2011) (reprinted in 44 Intellectual Property Law Review 77 (2012)) (Anthology of the Annual Best Intellectual Property Law Review Articles)

Protecting Domestic Industries, 28 Santa Clara Computer & High Technology Law Journal 169 (2011)

Patent Amicus Briefs: What the Courts’ Friends Can Teach Us About the Patent System1 UCI Law Review 395 (2011) 

From Arms Race to Marketplace: The New Complex Patent Environment and Its Implications62 Hastings Law Journal 297 (2010) 

Of Trolls, Davids, Goliaths, and Kings: Narratives and Evidence in the Litigation of High-Tech Patents, 87 North Carolina Law Review 1571 (2009)

Patently Protectionist? An Empirical Analysis of Patent Cases at the International Trade Commission, 50 William & Mary Law Review 63 (2008) (reprinted in Patent Law Review (West 2009)) (Anthology of the Annual Best Patent Law Review Articles)

HIV/AIDS Drugs for Sub-Saharan Africa: How Do Brand and Generic Supply Compare?, PLOS ONE 2(3): e278 (2007) (peer-reviewed article) (reprinted in HIV/AIDS – Health Care And Human Rights (ICFAI Press 2007), and in Public Procurement And The Law (ICFAI Press 2009))

Managing Innovation: University Industry Partnerships and the Licensing of the Harvard Mouse, with Sasha Blaug and Michael Shuster, 22 Nature Biotechnology 761 (2004)

Are the U.S. Patent Priority Rules Really Necessary?, with Mark Lemley, 54 Hastings Law Journal 1299 (2003) (reprinted in 36 Intellectual Property Law Review 3 (2004)) (Anthology of the Annual Best Intellectual Property Law Review Articles)

Cheap Drugs at What Price to Innovation: Does the Compulsory Licensing of Pharmaceuticals Hurt Innovation?18 Berkeley Technology Law Journal 853 (2003)

Agency Comments & Court Submissions

Reducing Litigation Abuse by Reducing the Government’s Role in the Patent System, testimony to Hearing on Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job Creation at the International Trade Commission and Beyond, U.S. House of Representatives Subcommittee on Intellectual Property, Competition and the Internet, House Judiciary Committee (April 2013)

Holding Up or Holding Out: Thoughts on an FTC 6(B) Submission (April 2013)

Does the U.S. Patent System Need a Patent Small Claims Proceeding?, with Michael Guo, comment to be submitted in response to U.S. Patent and Trademark Office’s Request for Comments regarding A Patent Small Claims Proceeding in the United States (April 2013)

Functional Claiming and Software Patents, with Aashish Karkhanis, presentation at the U.S. Patent and Trademark Office’s Roundtable on Partnership for Enhancement of Quality of Software-Related Patents (February 2013)

10 Things the PTO Can Do to Enhance Context-Based Patent Disclosure, comment was submitted in support of testimony at U.S. Patent and Trademark Office’s Roundtable, Real Party in Interest Information (February 2013)

Patent Assertion Entities, presentation at the Federal Trade Commission/Department of Justice hearing on Patent Assertion Entities (December 2012)

Declaration in Support of Reuters in Apple v. Samsung, with Michael Risch and others, lead author on declaration in support of Reuters’ motion for the unsealing of records in Apple v. Samsung (August 2012)

Testimony to the Oversight Hearing on the ITC and Patent Disputes, U.S. House of Representatives Subcommittee on Intellectual Property, Competition and the Internet, House Judiciary Committee (July 2012)

RAND Patents and Exclusion Orders, with Carl Shapiro and others, lead author on comment submitted in response to International Trade Commission’s Request For Comments in Case TA-337-745 (July 2012) 

The Who Owns What Problem in Patent Law, comment submitted in response to U.S. Patent and Trademark Office’s Request For Comments, A Proposal to Elicit More Complete Patent Assignment Information from Patent Applicants and Patentees (January 2012)

Protecting Domestic Industries at the ITC, comment submitted in response to International Trade Commission’s Request For Comments in Case TA-337-694 (May 2011)

Treatises

Section 337 Management Guide, a Treatise on the International Trade Commission, with Peter Menell and others (Lexis-Nexis 2012)

Written by colleenchien

February 2, 2013 at 3:28 am

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