Thomas Edison and Patent Law

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. A.J. Sutter says:

    Without at all meaning to single out your colleague for blame, I note as a former in-house IP lawyer that this article continues a rich tradition of patent scholars claiming to be putting forward “a new model of patent strategy” (to quote the SSRN abstract), without having any experience in industry, nor, apparently, consulting with in-house lawyers, who have been using patent strategies for well over a century. Many of the cites also parochially refer to legal scholarship for points available in general histories and other sources — again, not at all unique to this paper. (An offhand example: note 73, which cites a 2010 law review paper for an insight that one can find in a 2007 semi-popular history book, David Edgerton’s The Shock of the Old (Oxford U Press), just to mention a source off the top of my head; no doubt Edgerton was late to the game himself.) It would be nice if scholars, esp. ones without industry experience, would talk to industry lawyers once in a while before theorizing about about what those lawyers are doing. And especially, to borrow a phrase from the patent biz, don’t claim novelty when you’re unfamiliar with the prior art.