F. Scott Kieff - Selected Publications#
Principles of Patent Law, University Casebook Series, Foundation Press (textbook and treatise) (8th ed., 2024, 7th ed. 2018), co-authored with John Golden, Henry E. Smith, and U.S. Circuit Judge Pauline Newman (including associated supplements and teachers’ manuals). This is one of the major textbooks and treatises used to teach US patent law and used by courts and agencies and law firms to help them practice patent law.
China’s Sanctions and Rule of Law: How to Respond When China Targets Lawyers, 55 THE INT’L LAWYER 167 (2022) (peer reviewed publication by the ABA International Law Section in cooperation with SMU Dedman School of Law), co-authored with Thomas D. Grant. This is an example of collaborative work with a UK Academic (Dr. Grant) that explores a mix of topics beyond the basic fields of intellectual property and trade.
Pragmatism, Perspective, and Trade: AD/CVD, Patents, and Antitrust as Mostly Private Law, 30 HARV. J.L. & TECH. 97 (2017) (Special Symposium on Private Law and Intellectual Property held March 2016). This is an example of work that explores the interfaces among private law and topics of trade law, antitrust law, and patent law.
Coordination, Property & Intellectual Property: An Unconventional Approach to Anticompetitive Effects & Downstream Access, 56 EMORY L. J. 327 (2006). This is the foundational paper that elucidates the coordination and commercialization theory of patents.
On Coordinating Transactions in Information: A Response to Smith’s Delineating Entitlements in Information, 117 YALE L.J. POCKET PART 101 (2007). This is a shorter and more widely accessible version of the foundational paper on the coordination and commercialization theory of patents published, by invitation, in more prestigious journal.
The Case for Preferring Patent Validity Litigation over Second Window Review and Gold Plated Patents: When One Size Doesn’t Fit All, How Could Two Do The Trick?, 157 U. Penn. L. Rev. 101 (2009). This is a foundational paper that shows how the coordination and commercialization theory of patents applies to resolution of patent disputes within agencies and courts.
