In this episode, Sarah Wasserman Rajec, Associate Professor of Law at the College of William & Mary Marshall-Wythe School of Law, discusses her new article The Property Law Misfit in Patent Law. She argues that in various circumstances, the animating principles of patent law are best served by departing from otherwise frequent reliance on property law analogies. In her article, Professor Rajec engages with a growing literature that revisits patent law’s place within property law. Using recent Supreme Court patent decisions that range in subject matter from remedies to commercial law to administrative adjudication, she concludes that property law is a useful starting point in patent law questions, but that the eventual answers often lie elsewhere. Professor Rajec’s article is forthcoming in the Cardozo Law Review.


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Ipse Dixit (May 21, 2019)


Run time: 42 minutes