Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 7-1-2013 Establishing an Island of Patent Sanity Oskar Liivak Cornell Law School,
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[email protected]. Establishing an Island of Patent Sanity Oskar Liivak† INTRODUCTION There is a growing, inescapable sense that something has gone terribly wrong with the patent system. Though it was founded with the laudable constitutional goal of “promot[ing] . [p]rogress” in the “useful [a]rts . ,” today, it is hard to find any positive news suggesting progress.1 Current patent lawsuits are widely described as a “battle”2 or a “war.”3 And though litigators often use such allusions,4 this time the scale and the feel is different. During the past decade we witnessed an escalating intellectual property cold war where huge sums spiraled into a rapidly growing patent-industrial complex. Companies “stockpil[ed]”5 patents in huge numbers, † Associate Professor, Cornell Law School. I would like to thank T.J. Chiang, Kevin Collins, John Duffy, Michael Frakes, Glynn Lunney Jr., Robert Merges, Michael Meurer, Bhaven Sampat, Josh Sarnoff, Henry Smith, and Geertrui Van Overwalle for helpful discussions and encouragement.