The High Tech Law Institute’s co-directors, Professors Eric Goldman and Brian Love recently posted new scholarship on SSRN.

Professor Goldman’s article is entitled “Do We Need A New Federal Trade Secret Law”.  Two pending bills in Congress, the Trade Secrets Protection Act of 2014 and the Defend Trade Secrets Act of 2014, would create a brand-new federal civil cause of action for trade secret misappropriation. This essay asks why the laws are needed. The essay also critiques the proposed ex parte seizure provision.  You can download it on SSRN.

Prof. Love’s article, entitled “Inter Partes Review: An Early Look at the Numbers”, is an empirical study of inter partes review, including a comparison with inter partes re-exam stats and a breakdown of IPR outcomes by NPE-status and tech area.  You can download it  at SSRN. To our knowledge, this is the most comprehensive set of IPR stats assembled to date.