Ellen P. Aprill

Lee Petherbridge
Professor of Law

Contact Information
E-mail: lee.petherbridge@lls.edu

919 Albany St.
Los Angeles, CA 90015-1211

 

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Educational and Professional Background

JD, University of Pennsylvania
PhD, Baylor College of Medicine
MA, Smith College
BS, Western New England College

Prior to joining the faculty, Lee Petherbridge served as law clerk to the Honorable Raymond C. Clevenger III of the U.S. Court of Appeals for the Federal Circuit. Before clerking for Judge Clevenger, he was an associate in the Washington, D.C., office of Finnegan Henderson LLP, where his work focused on patent litigation. A graduate of Penn Law, he was the managing editor of the University of Pennsylvania Journal of International Economic Law, worked in the school's Civil Practice Clinic, representing economically disadvantaged clients on a variety of issues, and also interned at the University of Pennsylvania Center for Technology Transfer. Prior to law school, he taught and performed original research in the life sciences.

His research interests derive from the intersection of innovation, law, and the life sciences. They broadly cover patent and intellectual property law with a current emphasis on the rules and institutional arrangements developed to foster invention and innovation, and the impact of these rules and arrangements on private science, public science, and the public at large. His papers are available at: http://ssrn.com/author=367550 .


Professional Memberships and Activities

He is a member of the Bar of State of New York, the Commonwealth of Massachusetts, and the District of Columbia. He is also admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Patent & Trademark Office.


Selected Recent Scholarship

"On Predicting Patent Litigation," 90 Texas L. Rev. see also 75 (2012)

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"Therasense v. Becton Dickinson: A First Impression," (forthcoming __ Yale J. Law & Tech., 2012) (with Jason Rantanen)

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"An Empirical Assessment of the Supreme Court’s Use of Legal Scholarship," (forthcoming __ 106 Nw. U. L. Rev. __ 2012) (with David L. Schwartz)

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"Did Phillips Change Anything? Empirical Analysis of the Federal Circuit’s Claim Construction Jurisprudence," (forthcoming in INTELLECTUAL PROPERTY AND THE COMMON LAW, S. Balganesh, ed., Cambridge Univ. Press, 2012) (with R. Polk Wagner)

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"Toward a System of Invention Registration: The Leahy-Smith America Invents Act," 110 Mich. L. Rev. First Impressions 24 (2011) (with Jason Rantanen)

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"The Federal Circuit and Inequitable Conduct:  An Empirical Assessment" 84 S. Cal. L. Rev. 1293 (2011) (with Jason Rantanen and Ali Mojibi)

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"The Use of Legal Scholarship by the Federal Courts of Appeals," 96 Cornell L. Rev. 1345 (2011) (with David L. Schwartz).

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"Legal Scholarship and the United States Court of Appeals for the Federal Circuit: An Empirical Study of a National Circuit" (forthcoming __ Berkeley Tech. L.J. __ 2011) (with David L. Schwartz).
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"On the Decline of the Doctrine of Equivalents,"31 Cardozo L. Rev. 1371 (2010)

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"Patent Law Uniformity?,"22 Harv. J.L. & Tech. 421 (2009)

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"On Addressing Patent Quality," 158 U. Pa. L. Rev. PENNumbra 13 (2009)

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"The Federal Circuit and Patentability:  An Empirical Assessment of the Law of Obviousness,"

85 Tex. L. Rev. 2051 (2007) (with R. Polk Wagner)

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"Is the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance,"

152 U. Pa. L. Rev. 1105 (2004) (with R. Polk Wagner).

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Courses Taught

Property, Administrative Law, Patent Law, Intellectual Property, Advanced Topics in Patent Law, Biotechnology and Intellectual Property Rights.

© 2007-2011 Loyola Law School Los Angeles | 919 Albany Street, Los Angeles, CA 90015-1211 Phone: 213.736.1000