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patentscholar.bsky.social
Lisa L. Ouellette
@patentscholar.bsky.social
6.7K followers 170 following 58 posts

Prof at @StanfordLaw.bsky.social, Senior Fellow at @SIEPR.bsky.social, physics PhD. Researching IP & innovation. Coauthor of free patent casebook: patentcasebook.org

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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · 20h
Thanks to David Zimmer for work on Jonathan Masur’s & my amicus brief in support of cert in MSN v. Novartis, drawing on our “Disclosure Puzzles in Patent Law” article to explain why the Fed Cir’s approach to disclosure for after-arising technologies is incoherent www.supremecourt.gov/DocketPDF/25...
Disclosure Puzzles in Patent Law | The University of Chicago Law Review
Since its inception, patent law has required that inventors publicly disclose information about their inventions in exchange for receiving patent rights. This foundational requirement is policed throu...
lawreview.uchicago.edu
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Reposted by Brian A. Nosek, Simon J. Greenhill, Lisa Larrimore Ouellette , and 2 more

mattsclancy.bsky.social
Matt Clancy @mattsclancy.bsky.social · 14d
New research by Pierre Azoulay, Danielle Li, Bhaven Sampat and me.

Earlier this year, the President’s budget proposed a 40% cut to the budget of the NIH. This motivated us to ask: what if the NIH had been 40% smaller?
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Reposted by Brendan Nyhan, Bruce D. Baker, John Mullahy , and 5 more

hollylynchez.bsky.social
Holly Fernandez Lynch @hollylynchez.bsky.social · 17d
This is bonkers. FDA is going to change leucovorin's label based on a lit review with data on 40 patients w/ cerebral folate deficiency and comparisons to "known natural history."

www.statnews.com/2025/09/22/f...
FDA brings back GSK's leucovorin drug that RFK Jr. touted as autism treatment
The Trump administration is touting leucovorin as a treatment for autism.
www.statnews.com
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Reposted by Jonathan H. Adler, Robert C. Richards, Rebecca Tushnet , and 1 more

genevievelakier.bsky.social
Genevieve Lakier @genevievelakier.bsky.social · 20d
In this post I explain why the suspension of Kimmel’s show looks like a blatant 1A violation, as all NINE members of SCOTUS last year made clear.... but also why courts may not be able to do much about it (and yet Kimmel should still sue!) blog.dividedargument.com/p/did-brenda...
Did Brendan Carr Violate the First Amendment? And Can Anything Be Done?
the constitutional law of jawboning
blog.dividedargument.com
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · 20d
Looking forward to delivering the academic spotlight at the @law.stanford.edu Silicon Valley IP Forum on Oct. 3. Free registration here: conferences.law.stanford.edu/siliconvalle...
Home - Silicon Valley IP Forum 2025
Silicon Valley IP Forum aims to foster discussion and collaboration among IP professionals in the Silicon Valley area (and beyond).  The conference will feature insightful discussions among judges, la...
conferences.law.stanford.edu
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Reposted by Lisa Larrimore Ouellette

michaelmadison.bsky.social
Michael Madison @michaelmadison.bsky.social · 22d
Heard. See @patentscholar.bsky.social 's "Classic Patent Scholarship" project, writtendescription.blogspot.com/p/classic-sc..., which builds on my "Lost Classics of Intellectual Property Law," available on SSRN. Newton, Hooke, OTSOG, and all that.
Classic Patent Scholarship
Lisa Larrimore Ouellette's Patent & IP Blog, Reviewing Recent Scholarship on Patent Law, IP Theory, and Innovation
writtendescription.blogspot.com
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Reposted by Marc Lynch, Kim L. Scheppele, Lisa W. Fazio , and 12 more

stevevladeck.bsky.social
Steve Vladeck @stevevladeck.bsky.social · Aug 21
TL;DR: 5 justices say Trump doesn't have to immediately restore the funding, but 5 *also* signal that the underlying directives are unlawful.

That sends a fairly strong (if mixed) message that Trump will lose these cases *eventually,* but only once they're brought in the Court of Federal Claims.
stevevladeck.bsky.social
Steve Vladeck @stevevladeck.bsky.social · Aug 21
Splitting 5-4 (with Chief Justice Roberts joining the three Democratic appointees in dissent), #SCOTUS grants *partial* stay to Trump administration in NIH funding case; holds that challenges to grant terminations (but *not* the underlying guidance) need to be filed in the Court of Federal Claims:
www.supremecourt.gov
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Reposted by Pamela Samuelson, Lisa Larrimore Ouellette

joshgerstein.bsky.social
Josh Gerstein @joshgerstein.bsky.social · Aug 21
JUST IN: 9th Circuit panel refuses Trump administration bid to lift order requiring it to reinstate University of California grants canceled under Trump DEI orders. 3-0. Judges Paez (Clinton), Christen (Obama), Desai (Biden). Doc: www.documentcloud.org/documents/26...
UCResearcherStayCA9082125
www.documentcloud.org
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Reposted by Mark A. Lemley

patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Aug 20
New article with @marklemley.bsky.social on how genAI facilitates academic plagiarism, why this shouldn't become a copyright/legal problem, and what universities should do about it (forthcoming in U Chi L Rev Online): papers.ssrn.com/abstract=539...
The figure shows a Venn diagram with three overlapping circles labeled “Copyright Infringement,” “Plagiarism,” and “Bad Scholarly Practices.” It maps common behaviors to the regions where these circles intersect: copying expression without attribution (in all three); copying ideas or facts without attribution (plagiarism + bad scholarly practice); copying expression with attribution but beyond what’s needed for a research purpose (copyright infringement + bad scholarly practice); copying ideas or facts with attribution to unreliable sources (bad scholarly practice only); and copying expression with attribution for a research purpose (copyright infringement only, but will generally be fair use).
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Reposted by Jennifer M. Urban

patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Aug 10
The @statnews.com story suggests they are thinking of march-in rights, but that would only allow them to grant additional licenses after determining that certain statutory criteria are met, which Harvard could appeal to the Court of Federal Claims (see 35 USC 203) www.statnews.com/2025/08/08/h...
Trump administration launches investigation into Harvard’s federally funded research patents
The Trump administration escalates its fight with Harvard, beginning the "march-in" process involving patent ownership.
www.statnews.com
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Reposted by Daniel Aaron, Maya Sen, Robert C. Richards , and 2 more

patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Aug 10
This threat to "take over" Harvard's patents is bewildering—seems like yet another example of using a tenuous legal threat to retaliate against universities for not complying with unrelated demands. I'm quoted in this WSJ story (gift link):
Trump Administration Threatens to Take Over Harvard’s Patents
The move is the latest escalation in the White House’s battle with the Ivy League school.
www.wsj.com
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Reposted by Karen Benjamin Guzzo, Lisa Larrimore Ouellette, Beth Tellman

mzinshteyn.bsky.social
Mikhail Zinshteyn @mzinshteyn.bsky.social · Aug 1
I chased this all day:

UCLA research grants suspended after Trump administration faulted campus for antisemitism

calmatters.org/education/hi...
UCLA research grants suspended after Trump administration faulted campus for antisemitism
The Justice Department issued UCLA a notice of violation for not responding “adequately” to complaints about antisemitism.
calmatters.org
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Reposted by Lisa Larrimore Ouellette

amylanders.bsky.social
Amy Landers @amylanders.bsky.social · Aug 1
The USPTO's design patent search tool is also available to law firms and corporations through Clarivate (for a fee, presumably). I'm not sure how I feel about the gov't using AI that is paywalled for the private sector. But here we are. clarivate.com/intellectual...
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Jul 30
Apparently OMB "reversed course" on the funding pause www.wsj.com/politics/pol...
Trump Administration Scraps Effort to Pause Health-Research Funding
The administration halted and then restarted billions in new research grants flowing from the National Institutes of Health.
www.wsj.com

Reposted by Lauren Hersch Nicholas, Lisa Larrimore Ouellette

statnews.com
STAT @statnews.com · Jul 30
#Breaking: Trump administration blocks NIH from awarding any research grants and contracts
www.statnews.com/2025/07/29/t...
Trump administration blocks NIH from awarding any research grants and contracts
The order applies to the entirety of new and, possibly, ongoing research grant dollars that go to universities and academic medical centers.
www.statnews.com
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Reposted by Jennifer Bussell, Stacie B. Dusetzina, Lisa Larrimore Ouellette

statnews.com
STAT @statnews.com · Jul 29
NIH plans to shrink the share of grant applications it will award for the remainder of the fiscal year, in some cases by more than half.
www.statnews.com/2025/07/29/n...
NIH is shrinking the number of research projects it funds due to a new Trump policy
NIH plans to shrink the share of grant applications it will award for the remainder of the fiscal year, in some cases by more than half.
www.statnews.com
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Jul 28
Or Harberger self-assessed property taxation, mentioned in patent context by Posner & Weyl (academic.oup.com/jla/article/...) and discussed in more detail by Daniel Hemel (lawreview.uchicago.edu/sites/defaul...) as improvement to patent buyout proposals
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Jul 28
Indeed! It's related to proposals to get firms to self-value IP for tax purposes but also be stuck with those valuations for licensing/damages purposes.
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Jul 28
I would have said the same about many recent policy changes…
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Jul 28
Lots of practical issues here, but if they want to do a big overhaul, I still think a loser-pays fee structure has a lot to recommend it writtendescription.blogspot.com/2016/07/neel...
Neel Sukhatme: Make Patent Examination Losers Pay
Lisa Larrimore Ouellette's Patent & IP Blog, Reviewing Recent Scholarship on Patent Law, IP Theory, and Innovation
writtendescription.blogspot.com
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Jul 28
Could be a major change to patent fee structure: Commerce is "discussing charging patent holders 1% to 5% of their overall patent value" as part of Howard Lutnick's "plans to raise revenue and narrow the government's budget deficit" www.wsj.com/politics/pol...
Exclusive | Trump Administration Weighs Patent System Overhaul to Raise Revenue
Commerce Department officials are discussing a new fee based on patent value, which could fuel backlash from businesses.
www.wsj.com
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Reposted by Lisa Larrimore Ouellette

law.stanford.edu
Stanford Law School @law.stanford.edu · Jul 25
“Despite billions in public and private funding, therapeutic development in the United States remains poorly aligned with the country’s most pressing health needs,” says SLS’s @patentscholar.bsky.social, co-author of a new @theNASEM report on drug development reform. law.stanford.edu/stanford-law...
Stanford Law’s Lisa Ouellette Helps Shape New Report on Drug Development Reform | Stanford Law School
The diseases causing the most suffering and death in the United States do not always attract investment in new treatments. That’s the disconnect exp
law.stanford.edu
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Reposted by Rosemary A. Joyce, Lisa Larrimore Ouellette, Dominic Sisti

sarahkarlin-smith.bsky.social
Sarah Karlin-Smith @sarahkarlin-smith.bsky.social · Jul 24
One of FDA's Oncology Division has lost what is essentially the equivalent of a full drug review team. It's malignant hematology review teams are expected to have a staff less than half the intended size as more staff depart this August.
insights.citeline.com/pink-sheet/a...
US FDA Cancer Reviewers Heading For The Exits, Potentially Impacting Review Timelines
US FDA's cancer drugs division is feeling the effect of drug reviewer departures, despite efforts to keep them at the agency.
insights.citeline.com
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Reposted by Mary C. Waters, Lisa W. Fazio, Richard E. Lenski , and 7 more

mikefeigin.bsky.social
Mike Feigin 🥯 @mikefeigin.bsky.social · Jul 23
“With these considerations, we expect to fund through the 4th percentile.”

There it is, in black and white, the destruction of cancer research in the US.
professorantony.bsky.social
Edwin Antony @professorantony.bsky.social · Jul 23
Funding policy for 2025 from NCI. Was just released: 4 percentile…maybe!
www.cancer.gov/grants-train...
Funding Policy - Research Grants
NCI funding policy for research project grant (RPG) awards reflects the funding goals of the institute, NIH, and HHS.
www.cancer.gov
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Reposted by Cas Mudde, Dorothy Bishop, Gavin A. Schmidt , and 9 more

factpostnews.bsky.social
FactPost @factpostnews.bsky.social · Jul 23
Reporter: The FDA has a new AI tool that's intended to speed up drug approvals. But several FDA employees say the new AI helper is making up studies that do not exist. One FDA employee telling us, 'Anything that you don't have time to double check is unreliable. It hallucinates confidently'
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Reposted by Heather Boushey, Lisa Larrimore Ouellette, Louis D Johnston

bbkogan.bsky.social
Bobby Kogan @bbkogan.bsky.social · Jul 21
Final CBO score of the "big beautiful bill" is out

Largest Medicaid cuts ever - in fact, at least 4 times the size of the previous largest; $894-$990 bn cut

Kicks 10 million off health insurance

Largest SNAP cuts ever, $197 bn cut

Still increases the deficit by $3.4 trillion from huge tax cuts
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Reposted by Lisa Larrimore Ouellette

mzahneis.bsky.social
Megan Zahneis @mzahneis.bsky.social · Jul 21
ICYMI: I covered the Senate approps committee's vote to preserve the NSF's funding. While far from a done deal, research advocates celebrated the news.

“For now, dodging an existential cut is a big win in light of everything that’s going on.” - @kennethmevans.bsky.social

#AcademicSky #HigherEd
Trump Proposed Slashing the National Science Foundation’s Budget. A Key Senate Committee Just Refused.
Legislation approved on Thursday by the Senate Committee on Appropriations would preserve nearly all of the NSF’s funding.
www.chronicle.com
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patentscholar.bsky.social
Lisa L. Ouellette @patentscholar.bsky.social · Jul 21
I chatted with SSRN about moving from physics to law, why I wrote a free patent casebook, and some of my recent research on patent doctrine, AI, and innovation:
ssrn.bsky.social
SSRN @ssrn.bsky.social · Jul 21
The latest from the SSRN Blog: Meet the Author with Lisa Larrimore Ouellette
blog.ssrn.com/2025/07/21/m...
@patentscholar.bsky.social
Meet the Author: Lisa Larrimore Ouellette
Lisa Larrimore Ouellette is the Deane F. Johnson Professor of Law at Stanford Law School and a Senior Fellow at the Stanford Institute for Economic Policy Research. Her research focuses on intellec…
blog.ssrn.com
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Reposted by Lisa Larrimore Ouellette

ssrn.bsky.social
SSRN @ssrn.bsky.social · Jul 21
The latest from the SSRN Blog: Meet the Author with Lisa Larrimore Ouellette
blog.ssrn.com/2025/07/21/m...
@patentscholar.bsky.social
Meet the Author: Lisa Larrimore Ouellette
Lisa Larrimore Ouellette is the Deane F. Johnson Professor of Law at Stanford Law School and a Senior Fellow at the Stanford Institute for Economic Policy Research. Her research focuses on intellec…
blog.ssrn.com
1 3

Reposted by Dorothy Bishop, Lisa Larrimore Ouellette

rparloff.bsky.social
Roger Parloff @rparloff.bsky.social · Jul 20
On Friday, in a 34-page unanimous ruling, the 1st Circuit denied govt a stay of Judge Young’s July 2 order declaring NIH’s cancellation of 100s of research contracts as “breathtakingly arbitrary & capricious.” Some interesting things...
storage.courtlistener.com/recap/gov.us...
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