The Federalist Society

Intellectual Property

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Executive Committee Contact Information

Practice Group Newsletters 1996-2000


  • Biotechnology
  • Computer Law
  • Copyrights
  • International Practice
  • Internet
  • Patents

Upcoming Events

   Who Rules Patents? A Discussion with Chief Judge Randall R. Rader
   Second Annual Executive Branch Review Conference

Recent Publications

   Alice Corp. v. CLS Bank - Podcast

gavel computer

The rise of the software industry following the personal computer revolution in the early 1980s created a heated policy debate about whether this “computer-implemented technology” should be secured in the patent system. The debate culminated this year with the Supreme Court’s cert grant in Alice Corp. v. CLS Bank, in which the Court will determine whether computer-implemented technology, such as computer software programs like Excel or Word, are eligible for patent protection or whether they should be excluded from the patent system on the grounds that they are “abstract ideas” tantamount to scientific formulas or mathematical algorithms. Given the “smart phone war” between Apple, Samsung, Google, Microsoft, and other high-tech firms, many commentators in newspaper articles, in blogs, and at conferences now complain about the “problem of software patents.” But for at least twenty years, patents have secured software and served an important function in bringing to market technological innovation once imagined as only science fiction — tablet computers, smart phones, wireless telecommunication, cloud computing, and streaming television, movies and songs, to name but a few. In Alice, the Court holds the fate of a significant portion of America’s innovation economy in its hands, as the Justices will wrestle with the difficult issues of how the patent system can best promote high-tech innovation in the twenty-first century.


  • Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of the Center for the Protection of Intellectual Property, George Mason University School of Law

[Listen now!]

   FDA Involvement in Off-Label Drug Use - Event Video

FDA Involvement in Off-Label Drug Use - Event VideoOn January 13, 2014 the Southwestern Law School Federalist Society student chapter hosted a debate about the FDA's role in regulating off-label drug use featuring Professor Richard Epstein, the Laurence A. Tisch Professor of Law at NYU and the Kirsten Bedford Senior Fellow at the Hoover Institution, and Ryan Abbott, Associate Professor of Law at Southwestern Law School and Visiting Assistant Professor of Medicine at the David Geffen School of Medicine at UCLA.


  • Prof. Ryan Abbott, Southwestern Law School
  • Prof. Richard Epstein, NYU Law School
  • Moderator: Dean Susan Prager, Southwestern Law School

Southwestern Law School
Los Angeles, CA

[Watch now!]

   Important Intellectual Property Cases at the Supreme Court - Octane Fitness and Highmark - Podcast


On Wednesday, February 26, 2014, the Supreme Court heard two cases dealing with relief available to a prevailing party in patent litigation. Section 285 of the Patent Act allows the court, upon the finding that the case is “exceptional,” to award reasonable attorney fees to the prevailing party. The Federal Circuit has long held that in order to satisfy the “exceptional” standard there must be a showing that the arguments made to the court are not just “baseless,” “frivolous,” or “objectively unreasonable,” but that the losing party must have known that its arguments are in fact frivolous.

In Octane Fitness, the Court will address whether this two-prong test is the correct standard under Section 285, while in Highmark the Court addressed a narrower issue of whether the District Courts findings under Section 285 are entitled to deference.


  • Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law

[Listen now!]

   Is IP Property or Government-Conferred Monopoly? - Event Audio/Video

Is IP Property or Government-Conferred Monopoly? - Event Audio/VideoThe Federalist Society's Faculty Division hosted a panel discussion that asked "Is IP Property or Government-Conferred Monopoly?" on Friday, January 3, 2014, during the 16th Annual Faculty Conference.

Panel 1: Is IP Property or Government-Conferred Monopoly? 
Kent/Surrey Room 
1:00 - 2:45 p.m.

  • Prof. Greg Dolin, University of Baltimore School of Law
  • Prof. Irina Manta, Hofstra University School of Law
  • Prof. David Olson, Boston College Law School
  • Prof. Adam Mossoff, George Mason University School of Law
  • Moderator: Prof. Randy Barnett, Georgetown University Law Center

Warwick New York Hotel
New York NY

[Watch or listen now!]

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