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Federal Circuit Split

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. Patent Me says:

    If this is your impression of the state of affairs in patent law, then you are clearly not on top of the philosophical differences. (I’m not trying to be snarky, as I’m ignorant of different legal areas.) The split comes down to whether one believes that patents actually encourage innovation or one believes that free markets and competition are better for innovation. Another split is based technology areas. Few people dispute that strong patent protection is good for pharma/biotech industries, but the views are much more divergent when looking at the software industry. A lot has been written about this.