How to Win the Deference Lottery

Professor Christopher J. Walker

91 Texas L. Rev. See Also 73

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Professor Walker responds to Jud Mathews’s article on analyzing the deference framework in administrative law through a game theory lens.

On Predicting Patent Litigation

Lee Petherbridge
90 Texas L. Rev. See Also 75

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Professor Petherbridge focuses on the claim that a model, identified in Professor Chien’s article, can be used to predict whether a patent is likely to be asserted against an innovation.  Using assumptions generous to the model, Professor Petherbridge generates a test that improves the probability of accurately assessing whether a patent will be litigated.  He also identifies a number of practical problems with Professor Chien’s model, including that the model captures false positives that render implementation of the model burdensome.  Professor Petherbridge next asks whether there is a “lurking variable” that can better explain the model’s results and whether the data generated by the model is practically useful.  While Professor Petherbridge identifies these misgivings with Professor Chien’s article, he notes that the article has identified certain acquired characteristics that may make predicting patent litigation an easier task.