The USD School of Law faculty publishes regularly in some of the nation's top academic journals. Check out featured scholarship from some of the most distinguished scholars in their respective fields.
Sichelman, Ted
Books
- Patent Law: An Open Source Casebook (LiveCarta 2023) (with Janis)
Journal Articles
- The Mathematical Structure of the Law, 17 Elon Law Review 75 (2025)
- A Network Model of Legal Relations, 382 Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 20230153 (2024) (with Henry E. Smith)
- Patents as Hedges, 38 Berkeley Technology Law Journal 515 (2023)
- Quantifying Legal Entropy, 9 Frontiers in Physics 665054 (2021)
- An Economic Model of Patent Exhaustion, 29 Journal of Economics & Management Strategy 816 (2020) (with Ivus & Lai)
- The Case for Noncompetes, 86 University of Chicago Law Review 953 (2020) (with Barnett)
- Cycles of Obviousness, 105 Iowa Law Review (2019) (with Holte)
- Ranking the Academic Reputation of 100 American Law Schools, 60 Jurimetrics 1 (2019) (with Heald)
- Innovation Factors for Reasonable Royalties, 24 Texas Intellectual Property Law Journal 277 (2018)
- Why Do Startups Use Trade Secrets?, 94 Notre Dame Law Review 751 (2018) (with Levine)
- Data-Generating Patents, 111 Northwestern University Law Review 377 (2017) (with Simon)
- Patents, Prizes, and Property, 30 Harvard Journal of Law and Technology 279 (2017)
- Do Economic Downturns Dampen Patent Litigation?, 12 Journal of Empirical Legal Studies 481 (2015) (with Marco & Miller)
- Commercializing Information with Intellectual Property, 92 Texas Law Review See Also 35 (2014)
- Meaning is in the Mind of the Reader: A Rejoinder to Burk, Cotter, and Lemley, 91 Texas Law Review See Also 15 (2014)
- Purging Patent Law of 'Private Law' Remedies, 92 Texas Law Review 516 (2014)
- The Vonage Trilogy: A Case Study in 'Patent Bullying', 90 Notre Dame Law Review 543 (2014)
- Enforcement as Substance in Tax Compliance, 70 Washington & Lee Law Review 1679 (2013) (with Lederman)
- Patent Law Revisionism at the Supreme Court?, 45 Loyola University Chicago Law Journal 307 (2013)
- Patents as Promoters of Competition: The Guild Origins of Patent Law in the Venetian Republic, 49 San Diego Law Review 1267 (2012) (with O'Connor)
- Paving the Path to Accurately Predicting Legal Outcomes: A Comment on Professor Chien’s Predicting Patent Litigation, 90 Texas Law Review See Also 97 (2012) (with Kesan & Schwartz)
- Life After Bilski, 63 Stanford Law Review 1315 (2011) (with Lemley, Wagner & Risch)
- Markets for Patent Scope, 2 IP Theory 42 (2011)
- Taking Commercialisation Seriously, 33 European Intellectual Property Review 200 (2011)
- Commercializing Patents, 62 Stanford Law Review 341 (2010)
- Myths of (Un)Certainty at the Federal Circuit, 43 Loyola of Los Angeles Law Review 1161 (2010)
- Patenting by Entrepreneurs: An Empirical Study, 17 Michigan Telecommunications & Technology Law Review 111 (2010) (with Graham)
- High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey, 24 Berkeley Technology Law Journal 255 (2009)
- Why Barring Settlement Bars Legitimate Suits: A Reply to Rosenberg and Shavell, 18 Cornell Journal of Law and Public Policy 57 (2008)
- Why Do Start-Ups Patent?, 23 Berkeley Technology Law Journal 1063 (2008) (with Graham)
Chapters of Books or Articles within Books
- The Pathologies of Data-Generating Patents, in Big Data, Health Law, and Bioethics (I. Glenn Cohen et al., ed., Cambridge University Press 2018)
- Data Sources on Patents, Copyrights, Trademarks, and Other Intellectual Property, in The Economics of Intellectual Property Rights (vol. 2, Analytical Methods) (Peter Menell & David Schwartz eds., Edward Elgar Publishing 2017) (with Schwartz)
- Funk Forward, in Intellectual Property at the Edge: The Contested Contours of IP (Rochelle Dreyfuss & Jane Ginsburg eds., Cambridge University Press 2014)
- Patenting by High Technology Entrepreneurs, in Creativity, Law, and Entrepreneurship (Shubha Ghosh ed., Edward Elgar Publishing 2011) (with Graham)
- Why do Entrepreneurs Patent?, in Handbook of Law, Innovation, and Growth (Robert Litan & Korein Tillery eds., Edward Elgar Publishing 2011) (with Graham)
- Factors Used to Determine Whether an ERISA Fiduciary or Administrator Has Wrongfully Denied Benefits, in Employee Benefits Law (Steven Sacher ed., 3rd ed., BNA Books 2010) (with Jedreski)
Other Print and Electronic Media
- Should Noncompete Clauses for Executives Be Legal? Yes: They Protect a Company’s Trade Secrets, Wall Street Journal (2021)
- The Flawed Case Against Noncompetes, The Hill (2021)
- The USPTO Patent Litigation Dataset: Open Source, Extensive Docket and Patent Number Data, Patently-O (2020)
- How Elite Lawyers Shape the Law, Jotwell (2019)
- Decoupling Intellectual Property’s Incentive and Allocation Functions, Jotwell (2018)
- Does the Supreme Court Understand the Innovation Economy, Forbes (2017)
- Focus on Economically Important Patent Applications to Enhance Patent Quality, Vol. 2, Berkeley Technology Law Journal (2016)
- Why the (Previously) Improving Economy Likely (Also) Reduced Patent Litigation Rates, Patently-O (2015)
- Reinvigorating the Public-Private Law Divide: A Hohfeldian Construction of the State, New Private Law (2015)
- Top 25 Most Cited Contract Law Articles Published in the Last 25 Years, New Private Law (2015)
- A Pluralistic Vision of Incentivizing Innovation, Jotwell (2015)
- Are there Too Many Patents To Search?, New Private Law (2015)
- Top 25 Most Cited Real Property Law Articles Published in the Last 25 Years, New Private Law (2015)
- A Hohfeldian Take on the Public-Private Law Divide, New Private Law (2015)
- Most Cited Private Law Articles Published in the Last 25 Years, New Private Law (2015)
- The Innovation Act?s Fee-Shifting is Biased against Patent Holders and Will Likely Increase PAE Activity, Patently-O (2015)
- High Court Case Could Change IP Litigation Strategies, Daily Journal (2012)
- Top 10 Patent Strategies, The Daily Transcript (2009)
- Getting to the Substance, Daily Journal (2006)
- 3rd Circuit Splits from Other Courts on Fair Opportunity Doctrine, Daily Journal (2006)
- Circuit Splits Affect Conflicts of Authority, Daily Journal (2006)
- Circuit Splits of Interest to Business, Chicago Daily Law Bulletin (2006)
- Splits Involve Issues Affecting Business, Government, Workers, Daily Journal (2006)
- When Private Enterprise Hits Public Agencies, Splits Arise, Daily Journal (2006)
- Circuit Splits Range from Securities to Attorney Fees, Daily Journal (2006)
- From Banking to Bankruptcy, Various Views Arise on Circuits, Daily Journal (2006)
- Decisions Reveal Splits Over Approach to Discrimination, Daily Journal (2006)
- Circuits Split on How to Test When Trademark Use is Fair, Daily Journal (2005)
- Environmental, Fee Issues Bring Splits Among Circuits, Daily Journal (2005)
- Circuit Splits Involve Cases On U.S. and Foreign Issues, Daily Journal (2005)
- Drafting Patent Infringement Complaints, Intellectual Property Strategist (2005)
- Bankruptcy, Labor, Criminal Cases Result in Circuit Splits, Daily Journal (2005)
- Effectively Using Partial Summary Judgment in Patent Cases, Intellectual Property Strategist (2005)