Jay P. Kesan

University of Illinois College of Law

Professor and H. Ross & Helen Workman Research Scholar

504 E. Pennsylvania Avenue

Champaign, IL 61820

United States

http://www.jaykesan.com

SCHOLARLY PAPERS

94

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CITATIONS
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77

Scholarly Papers (94)

How are Patent Cases Resolved? An Empirical Examination of the Adjudication and Settlement of Patent Disputes

Washington University Law Review, Vol. 84, pp. 237-312, 2006, U Illinois Law & Economics Research Paper No. LE05-027
Number of pages: 77 Posted: 30 Sep 2005
Jay P. Kesan and Gwendolyn G. Ball
University of Illinois College of Law and Marymount University
Downloads 3,101 (3,080)
Citation 5

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Patent Litigation, Patent Empirical Work, Patent Reform

How are Patent Cases Resolved? An Empirical Examination of the Adjudication and Settlement of Patent Disputes

Washington University Law Review (Formerly Law Quarterly), 2007, 1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 67 Posted: 17 Jul 2006
Jay P. Kesan and Gwendolyn G. Ball
University of Illinois College of Law and Marymount University
Downloads 527 (47,642)
Citation 5

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Patent Litigation, Civil Litigation, Settlement, Patent Validity

2.

Analyzing the Role of Non-Practicing Entities in the Patent System

Cornell Law Review, Vol. 99, Issue 2, pp. 425-456 (2014), Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-03, Illinois Public Law Research Paper No. 13-01
Number of pages: 33 Posted: 25 Jul 2012 Last Revised: 23 Jan 2014
David L. Schwartz and Jay P. Kesan
Northwestern University - Pritzker School of Law and University of Illinois College of Law
Downloads 2,776 (3,800)
Citation 1

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patent, troll, NPE, PAE, patent assertion, empirical, patent litigation

3.

Unpacking Patent Assertion Entities (PAEs)

99 Minnesota Law Review 649 (2014), Illinois Program in Law, Behavior and Social Science Paper No. LBSS 14-20, Illinois Public Law Research Paper No. 14-17, Chicago-Kent College of Law Research Paper No. 2013-49
Number of pages: 55 Posted: 07 Nov 2013 Last Revised: 19 Dec 2014
University of Richmond - School of Law, University of Illinois College of Law and Northwestern University - Pritzker School of Law
Downloads 2,028 (6,441)

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patents, patent litigation, non-practicing entity, NPE, patent assertion entity, PAE, patent monetization entity, PME, patent troll, American Invents Act, joinder, patent holding company, empirical

4.

Fool Us Once Shame on You - Fool Us Twice Shame on Us: What We Can Learn from the Privatizations of the Internet Backbone Network and the Domain Name System

As published in Washington University Law Quarterly, Vol. 79, P. 89, 2001
Number of pages: 133 Posted: 28 Feb 2001
Jay P. Kesan and Rajiv C. Shah
University of Illinois College of Law and University of Illinois at Chicago - Department of Communication
Downloads 1,464 (11,089)
Citation 4

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5.

Cyber-Working or Cyber-Shirking?: A First Principles Examination of Electronic Privacy in the Workplace

As published in Florida Law Review, Vol. 54, P. 289, 2002
Number of pages: 45 Posted: 07 Nov 2001
Jay P. Kesan
University of Illinois College of Law
Downloads 1,212 (14,943)
Citation 1

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6.

Lost in Translation: Interoperability Issues for Open Standards

The Proceedings of the 36th Research Conference on Communication, Information and Internet Policy (TPRC), Arlington, VA, Sept. 26-28, 2008 , Illinois Public Law Research Paper No. 08-02, I/S: A Journal of Law and Policy for the Information Society, Vol. 8:1, 2012, U Illinois Law & Economics Research Paper No. LE08-026
Number of pages: 31 Posted: 05 Aug 2008 Last Revised: 14 May 2014
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 1,162 (15,998)

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7.

Transaction Costs and Trolls: Strategic Behavior by Individual Inventors, Small Firms and Entrepreneurs in Patent Litigation

U Illinois Law & Economics Research Paper No. LE09-005, Illinois Public Law Research Paper No. 08-21
Number of pages: 57 Posted: 04 Feb 2009 Last Revised: 25 May 2014
Gwendolyn G. Ball and Jay P. Kesan
Marymount University and University of Illinois College of Law
Downloads 1,048 (18,640)
Citation 6

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Intellectual Property,Technology and Innovation, Patents, Litigation

8.

Intellectual Property Protection and Agricultural Biotechnology A Multidisciplinary Perspective

American Behavioral Scientist, Vol. 44, No. 3, pp. 464-503, November 2000
Number of pages: 42 Posted: 23 Apr 2001
Jay P. Kesan
University of Illinois College of Law
Downloads 899 (23,400)
Citation 1

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9.

Strategic Decision Making in Dual PTAB and District Court Proceedings

Berkeley Technology Law Journal, Vol. 31, 2016, Duke Law School Public Law & Legal Theory Series No. 2016-14, Texas A&M University School of Law Legal Studies Research Paper No. 16-34
Number of pages: 79 Posted: 15 Feb 2016 Last Revised: 24 Sep 2016
Saurabh Vishnubhakat, Arti K. Rai and Jay P. Kesan
Texas A&M University School of Law, Duke University School of Law and University of Illinois College of Law
Downloads 898 (23,438)

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patent, administrative, empirical, inter partes review, covered business method, collective action, America Invents Act, IPR, CBM, PTAB, USPTO, AIA

Studying the Impact of eBay on Injunctive Relief in Patent Cases

University of Illinois College of Law Legal Studies Research Paper No. 17-03
Number of pages: 13 Posted: 11 Jul 2015 Last Revised: 17 Dec 2016
Kirti Gupta and Jay P. Kesan
Qualcomm, Inc. and University of Illinois College of Law
Downloads 625 (38,102)

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Studying the Impact of eBay on Injunctive Relief in Patent Cases

University of Illinois College of Law Legal Studies Research Paper No. 17-03
Number of pages: 45 Posted: 01 Aug 2016 Last Revised: 21 Dec 2016
Kirti Gupta and Jay P. Kesan
Qualcomm, Inc. and University of Illinois College of Law
Downloads 267 (106,283)

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Patents, Injunctions, eBay v. MercExchange

11.

Deconstructing Code

Yale Journal of Law & Technology, Vol. 6, pp. 277-389, 2003-2004
Number of pages: 114 Posted: 19 Nov 2004
Jay P. Kesan and Rajiv C. Shah
University of Illinois College of Law and University of Illinois at Chicago - Department of Communication
Downloads 793 (28,034)
Citation 2

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12.

Mitigative Counterstriking: Self-Defense and Deterrence in Cyberspace

25 Harvard Journal of Law and Technology 429 (2012), Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-18, Illinois Public Law Research Paper No. 10-35
Number of pages: 116 Posted: 10 Apr 2011 Last Revised: 18 Jan 2016
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 771 (29,089)

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cyberwar, cyberattack, Distributed Denial of Service (DDoS), active defense, counterstriking, cyberspace

13.

Optimizing Regulation of Electronic Commerce

University of Cincinnati Law Review, Vol. 72, pp. 1497-1588, 2004, U Illinois Law & Economics Research Paper No. LE02-001
Number of pages: 129 Posted: 28 Nov 2001
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 771 (29,089)
Citation 1

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14.

Three Economic Arguments for Cyberinsurance

Chapter 16, Securing Privacy in the Internet Age, A. Chander, L. Gelman, & M. J. Radin, Stanford University Press, pp. 345-366, 2008, U Illinois Law & Economics Research Paper No. LE04-004
Number of pages: 22 Posted: 18 Aug 2004
University of Illinois College of Law, University of Illinois at Urbana-Champaign - Department of Economics and University of Illinois at Urbana-Champaign - National Center for Supercomputing Applications (NCSA)
Downloads 754 (29,997)

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Cyberinsurance, liability, internet security

15.

Carrots and Sticks to Create a Better Patent System

Berkeley Technology Law Journal, Vol. 17, No. 2, pp. 763-797, Spring 2002
Number of pages: 36 Posted: 15 Apr 2002
Jay P. Kesan
University of Illinois College of Law
Downloads 684 (34,287)
Citation 11

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16.

The Law and Policy of Non-Compete Clauses in the United States and Their Implications

COMPARATIVE BUSINESS INNOVATION: A LEGAL BALANCING ACT, Marilyn Pittard, ed., Edward Elgar Publishing, 2013, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-10, Illinois Public Law Research Paper No. 11-07
Number of pages: 29 Posted: 24 Oct 2011 Last Revised: 18 Jan 2016
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 673 (35,074)

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Non-compete law

17.

U.S. Plant Variety Protection: Sound and Fury...?

Houston Law Review, Vol. 39, p. 727, 2002, University of Illinois Working Paper No. LE03-002
Number of pages: 53 Posted: 28 Feb 2003 Last Revised: 02 Mar 2012
Jay P. Kesan and Mark D. Janis
University of Illinois College of Law and Indiana University Maurer School of Law
Downloads 670 (35,274)
Citation 3

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18.

FRAND's Forever: Standards, Patent Transfers, and Licensing Commitments

89 Indiana Law Journal, 231 (2014), Illinois Public Law Research Paper No. 13-31, Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-21
Number of pages: 85 Posted: 14 Mar 2013 Last Revised: 15 Jan 2014
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 584 (42,320)

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19.

Creating a 'Circle of Trust' to Further Digital Privacy and Cybersecurity Goals

Forthcoming, Michigan State Law Review, Illinois Public Law Research Paper No. 13-03, Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-04
Number of pages: 86 Posted: 25 Aug 2012 Last Revised: 03 Jun 2015
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 570 (43,659)

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Cybersecurity, legislation, technology law, cyberlaw, privacy, intersectoral cooperation, public-private partnerships

20.

Self Defense in Cyberspace: Law and Policy

TPRC 2011, Illinois Public Law Research Paper No. 11-16, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-08
Number of pages: 36 Posted: 05 Jan 2012 Last Revised: 18 Jan 2016
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 546 (46,120)

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21.

Hacking Back: Optimal Use of Self-Defense in Cyberspace

Chicago-Kent Law Review, Vol. 84, No. 3, 2010, Illinois Public Law Research Paper No. 08-20
Number of pages: 69 Posted: 19 Mar 2009 Last Revised: 02 Mar 2012
Ruperto P. Majuca and Jay P. Kesan
University of Illinois at Urbana-Champaign - Department of Economics and University of Illinois College of Law
Downloads 543 (46,432)
Citation 1

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22.

Encouraging Firms to Police Themselves: Strategic Presentations to Promote Corporate Self-Auditing

University of Illinois Law Review, Vol. 155, 2000
Number of pages: 32 Posted: 20 Mar 2001
Jay P. Kesan
University of Illinois College of Law
Downloads 509 (50,447)
Citation 1

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23.

Why 'Bad' Patents Survive in the Market and How Should We Change? - the Private and Social Costs of Patents

Emory Law Journal, Vol. 55, pp. 61-140, 2006, U Illinois Law & Economics Research Paper No. LE05-004
Number of pages: 80 Posted: 16 Mar 2005
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 488 (53,094)

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24.

Patents as Incomplete Contracts: Aligning Incentives for R&D Investment with Incentives to Disclose Prior Art

Washington University Journal of Law and Policy Vol. 2, No. 23, 2000
Number of pages: 34 Posted: 21 Mar 2001
Jay P. Kesan and Marc Banik
University of Illinois College of Law and University of Quebec at Montreal, Centre Interuniversitaire de Recherche sur la Science et la Technologie (CIRST)
Downloads 488 (53,094)
Citation 4

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25.

What Do Patents Purchase? In Search of Optimal Ignorance in the Patent Office

Houston Law Review, Vol. 40, p. 1219, 2004
Number of pages: 47 Posted: 23 May 2003
Shubha Ghosh and Jay P. Kesan
Syracuse University College of Law and University of Illinois College of Law
Downloads 446 (59,495)
Citation 7

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26.

Intellectual Property Protection for Plant Innovation: Unresolved Issues after J.E.M. V. Pioneer

Illinois Public Law Research Paper No. 03-01
Number of pages: 6 Posted: 11 Feb 2003
Jay P. Kesan and Mark D. Janis
University of Illinois College of Law and Indiana University Maurer School of Law
Downloads 446 (59,495)
Citation 2

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27.

The Renewable Fuel Standard 3.0?: Moving Forward with the Federal Biofuel Mandate

NYU Environmental Law Journal, Vol. 20, pp. 374-506 (2014), Illinois Public Law Research Paper No. 13-06, Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-06
Number of pages: 134 Posted: 06 Sep 2012 Last Revised: 24 Apr 2014
Timothy A. Slating and Jay P. Kesan
University of Illinois Energy Biosciences Institute and University of Illinois College of Law
Downloads 412 (65,483)

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Biofuel, Renewable Fuel Standard, RFS, RFS2, Renewable Energy, Policy

28.

Transferring Innovation

Fordham Law Review, Symposium Issue, Vol. 77, No. 5, April 2009, U Illinois Law & Economics Research Paper No. LE09-011, Illinois Public Law Research Paper No. 08-25
Number of pages: 58 Posted: 02 Apr 2009 Last Revised: 18 Oct 2013
Jay P. Kesan
University of Illinois College of Law
Downloads 391 (69,691)
Citation 1

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Technology, Transfor, Patent, Entrepreneurship, Innovation, Universities, Bayh-Dole

29.

Private Internet Governance

Loyola University Chicago Law Journal Symposium on Technology and Governance, Vol. 35, No. 1, Fall 2003
Number of pages: 53 Posted: 20 Feb 2004
Jay P. Kesan
University of Illinois College of Law
Downloads 384 (71,147)

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30.

Information Privacy and Data Control in Cloud Computing: Consumers, Privacy Preferences, and Market Efficiency

70 Wash. & Lee L. Rev. 341 (2013), Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-11, Illinois Public Law Research Paper No. 11-20
Number of pages: 130 Posted: 20 Apr 2012 Last Revised: 18 Jan 2016
University of Illinois College of Law, University of Illinois Information Trust Institute and University of Illinois at Urbana-Champaign
Downloads 375 (73,197)

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31.

Designing an Optimal Intellectual Property System for Plants: A U.S. Supreme Court Debate

Nature Biotechnology, Vol. 19, Pp. 981-983, Oct. 2001
Number of pages: 5 Posted: 20 Nov 2001
Jay P. Kesan and Mark D. Janis
University of Illinois College of Law and Indiana University Maurer School of Law
Downloads 361 (76,508)
Citation 1

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32.

Making Regulatory Innovation Keep Pace with Technological Innovation

Wisconsin Law Review, December 2011, Illinois Public Law Research Paper No. 10-34, Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-17
Number of pages: 72 Posted: 09 Apr 2011 Last Revised: 18 May 2014
Timothy A. Slating and Jay P. Kesan
University of Illinois Energy Biosciences Institute and University of Illinois College of Law
Downloads 347 (80,018)
Citation 2

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renewable energy, biofuels, innovation, biobutanol

33.

Setting Software Defaults: Perspectives from Law, Computer Science and Behavioral Economics

Notre Dame Law Review, Vol. 82, pp. 583-634, 2006, U Illinois Law & Economics Research Paper No. LE06-012
Number of pages: 53 Posted: 07 Jun 2006
Jay P. Kesan and Rajiv C. Shah
University of Illinois College of Law and University of Illinois at Chicago - Department of Communication
Downloads 337 (82,854)
Citation 3

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34.

Thinking Through Active Defense in Cyberspace

Proceedings of the Workshop on Deterring Cyberattacks: Informing Strategies and Developing Options, pp. 327-342, National Research Council, Washington, DC: National Academies Press, 2010, Illinois Program in Law, Behavior and Social Science Paper No. LBSS10-02, Illinois Public Law Research Paper No. 10-11
Number of pages: 18 Posted: 14 Oct 2010 Last Revised: 18 Jan 2016
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 326 (85,961)

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cyberattacks, cyberdeterrence, active defense, hackback

35.

Weed-Free I.P.: The Supreme Court, Intellectual Property Interfaces, and the Problem of Plants

Illinois Public Law Research Paper No. 00-07
Number of pages: 47 Posted: 20 Nov 2001
Jay P. Kesan and Mark D. Janis
University of Illinois College of Law and Indiana University Maurer School of Law
Downloads 318 (88,420)
Citation 1

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36.

More than Bric-À-Brac: Testing Chinese Exceptionalism in Patenting Behavior Using Comparative Empirical Analysis

Michigan Telecommunications and Technology Law Review, Vol. 22, No. 53, 2015, University of Illinois College of Law Legal Studies Research Paper No. 16-16
Number of pages: 40 Posted: 08 Mar 2016
Jay P. Kesan, Alan C. Marco and Richard Miller
University of Illinois College of Law, Georgia Institute of Technology - School of Public Policy and United States Patent and Trademark Office
Downloads 303 (93,280)

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37.

Paving the Path to Accurately Predicting Legal Outcomes: A Comment on Professor Chien’s Predicting Patent Litigation

Texas Law Review See Also, Vol. 90, pp. 97-109, 2012, San Diego Legal Studies Paper No. 12-079, Illinois Public Law Research Paper No. 11-12, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-09
Number of pages: 15 Posted: 18 Jan 2012 Last Revised: 19 Apr 2012
University of Illinois College of Law, Northwestern University - Pritzker School of Law and University of San Diego School of Law
Downloads 295 (96,051)
Citation 1

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patent litigation, predicting, patent, federal circuit, outcomes, empirical

38.

Manipulating the Governance Characteristics of Code

Info, Vol. 5, No. 4, pp. 3-9
Number of pages: 8 Posted: 11 Dec 2003
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 289 (98,207)
Citation 7

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Information, Communication processes, Technology led strategy, Regulation, Standards, Modulators

39.

Shaping Code

Harvard Journal of Law & Technology, vol. 18, no. 2, pp. 319-399 (Spring 2005).
Number of pages: 81 Posted: 05 Jan 2004
Jay P. Kesan and Rajiv C. Shah
University of Illinois College of Law and University of Illinois at Chicago - Department of Communication
Downloads 285 (99,764)
Citation 4

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40.

Property Rights Legislation in Agricultural Biotechnology: United States and Argentina

Minnesota Journal of Law, Science & Technology (invited contribution), Vol. 7, No. 2, pp. 565-598, August 2006, U Illinois Law & Economics Research Paper No. LE06-022
Number of pages: 36 Posted: 29 Aug 2006
Andres A. Gallo and Jay P. Kesan
University of North Florida and University of Illinois College of Law
Downloads 284 (100,132)

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41.

An Economic Evaluation of the Renewable Fuel Standard (RFS) Biofuel Program: An Industrial Policy Approach

U Illinois Law & Economics Research Paper No. LE09-035, Illinois Public Law Research Paper No. 09-11
Number of pages: 28 Posted: 02 Aug 2009 Last Revised: 18 May 2014
Jay P. Kesan, Atsushi Ohyama and Hsiao-Shan Yang
University of Illinois College of Law, Hokkaido University - Graduate School of Economics & Business Administration and University of Illinois at Urbana-Champaign
Downloads 279 (102,029)

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Biofuel regulation, Innovation, Technological progress

42.

The Market for Private Dispute Resolution Services - an Empirical Re-Assessment of Icann-Udrp Performance

Michigan Telecommunications & Technology Law Review, Vol. 11, pp. 285-380, 2005
Number of pages: 96 Posted: 16 Mar 2005
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 262 (108,913)

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43.

Strengthening Cybersecurity with Cyber Insurance Markets and Better Risk Assessment

102 Minn. L. Rev. 191 (2017), University of Illinois College of Law Legal Studies Research Paper No. 17-18
Number of pages: 86 Posted: 01 Mar 2017 Last Revised: 19 Dec 2017
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 260 (109,761)

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44.
Downloads 256 (111,572)
Citation 1

An Empirical Study of Open Standards

U Illinois Law & Economics Research Paper No. LE07-039, TPRC Conference Proceedings, The 35th Research Conference on Communications, Information and Internet Policy, September 28-30, 2007
Number of pages: 27 Posted: 22 Nov 2007
Jay P. Kesan and Rajiv C. Shah
University of Illinois College of Law and University of Illinois at Chicago - Department of Communication
Downloads 208 (136,777)
Citation 1

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An Empirical Study of Open Standards

TPRC 2007
Number of pages: 20 Posted: 12 Jul 2012
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 48 (378,206)
Citation 1

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45.

The Fallacy of OSS Discrimination by FRAND Licensing: An Empirical Analysis

Illinois Public Law Research Paper No. 10-14
Number of pages: 27 Posted: 22 Feb 2011
Jay P. Kesan
University of Illinois College of Law
Downloads 253 (112,965)

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46.

Do We Need the Corporate Self-Evaluative Privilege?

U Illinois Law & Economics Research Paper No. 00-26
Number of pages: 61 Posted: 09 Aug 2001
Jay P. Kesan and Birendra K. Mishra
University of Illinois College of Law and University of California, Riverside (UCR) - A. Gary Anderson Graduate School of Management
Downloads 251 (113,930)

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47.

America Invents, More or Less?

University of Pennsylvania Law Review PENNumbra, Vol. 160, p. 229, 2012, U Iowa Legal Studies Research Paper No. 12-09, Loyola-LA Legal Studies Paper No. 2012-13, Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-07, Illinois Public Law Research Paper No. 11-15
Number of pages: 28 Posted: 22 Feb 2012 Last Revised: 04 Apr 2012
Jason Rantanen, Lee Petherbridge and Jay P. Kesan
University of Iowa - College of Law, Loyola Law School Los Angeles and University of Illinois College of Law
Downloads 244 (117,257)

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America Invents, Leahy-Smith Act, Patent Law, Patent Reform, Supplemental Examination, Post Grant Review, Small Inventors, Universities

Pondering the Politics of Private Procedures: The Case of ICANN

I/S A Journal of Law and Policy, Vol. 4, pp. 345-409, 2008 , Illinois Public Law Research Paper No. 07-11
Number of pages: 66 Posted: 08 Nov 2007 Last Revised: 23 Dec 2013
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 153 (180,730)
Citation 1

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Pondering the Politics of Private Procedures: The Case of ICANN

I/S: A Journal of Law and Policy for the Information Society, Vol. 4, Issue 2 (2008), 3rd Annual Conference on Empirical Legal Studies Papers, U Illinois Law & Economics Research Paper No. LE08-031
Number of pages: 63 Posted: 16 Apr 2008 Last Revised: 02 Jan 2013
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 90 (268,985)
Citation 1

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ICANN, Political Economy, Domain Name System

49.

The Political Economy of the Patent System

North Carolina Law Review, Vol. 87, pp. 101-179, 2009, Illinois Public Law Research Paper No. 08-35, U Illinois Law & Economics Research Paper No. LE09-014
Number of pages: 81 Posted: 20 May 2009 Last Revised: 20 Jul 2009
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 242 (118,277)

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50.

Property Rights and Incentives to Invest in Seed Varieties: Governmental Regulations in Argentina

AgBioForum, Vol. 8, No. 2 & 3, pp. 118-126, 2005, U Illinois Law & Economics Research Paper No. LE05-026
Number of pages: 9 Posted: 29 Sep 2005
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 242 (118,277)
Citation 1

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Argentina, agricultural biotechnology, market regulation, property rights, seed markets

51.

Recipes for Cookies: How Institutions Shape Communication Technologies

New Media & Society, Vol. 11, No. 3 pp. 315-336, 2009, Illinois Public Law Research Paper No. 04-14
Number of pages: 23 Posted: 15 Jul 2004 Last Revised: 14 Feb 2011
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 238 (120,256)

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Institutions, Communication Technologies, Law & Policy, Privacy, Cookies

52.

Law of Cyber Warfare

International Encyclopedia of Digital Communication and Society (Wiley-Blackwell), 2014 (Forthcoming), Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-25, Illinois Public Law Research Paper No. 14-26
Number of pages: 20 Posted: 15 Feb 2014 Last Revised: 17 Feb 2014
Carol Mullins Hayes and Jay P. Kesan
University of Illinois Information Trust Institute and University of Illinois College of Law
Downloads 234 (122,814)

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cyberterrorism, cyberattacks, cyber intrusion, communication and public policy, cyberwar, cyberlaw, hacking, Stuxnet

53.

Judicial Experience and the Efficiency and Accuracy of Patent Adjudication: An Empirical Analysis of the Case for a Specialized Patent Trial Court

U Illinois Law & Economics Research Paper No. LE10-006, Illinois Public Law Research Paper No. 09-23, Harvard Journal of Law and Technology, Vol. 24, No. 2, Spring 2011
Number of pages: 84 Posted: 27 Apr 2010 Last Revised: 16 Jun 2011
Jay P. Kesan and Gwendolyn G. Ball
University of Illinois College of Law and Marymount University
Downloads 224 (127,736)

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54.

Lessons for Open Standard Policies: A Case Study of the Massachusetts Experience

International Conference on Theory and Practice of Electronic Governance, December 10-13, 2007, Illinois Public Law Research Paper No. 07-13
Number of pages: 12 Posted: 08 Nov 2007
Rajiv C. Shah, Jay P. Kesan and Andrew C. Kennis
University of Illinois at Chicago - Department of Communication, University of Illinois College of Law and University of Illinois
Downloads 219 (130,596)

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55.

Nurturing Software: How Societal Institutions Shape the Development of Software

Communications of the ACM, vol. 48, no. 9, pp. 80-85 (Sept. 2005).
Number of pages: 7 Posted: 19 Mar 2004
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 195 (145,665)
Citation 2

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56.

A Comprehensive Empirical Study of Data Privacy, Trust, and Consumer Autonomy

91 Ind. L.J. 267 (2016), University of Illinois College of Law Legal Studies Research Paper No. 15-22
Number of pages: 86 Posted: 03 Apr 2015 Last Revised: 16 Feb 2016
University of Illinois College of Law, University of Illinois Information Trust Institute and University of Illinois at Urbana-Champaign
Downloads 189 (149,900)

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privacy, internet law

57.

Patent Eligible Subject Matter after Alice

Research Handbook on Electronic Commerce Law (John A. Rothchild, ed., Edward Elgar Publishing, 2016) (Forthcoming), University of Illinois College of Law Legal Studies Research Paper No. 16-23
Number of pages: 23 Posted: 31 May 2016 Last Revised: 16 Jun 2016
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 188 (150,641)

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patent law, software patents

58.

Knowledge, Behavior, and Opinions Regarding Online Privacy

Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-38, 2014 TPRC Conference Paper, Illinois Public Law Research Paper No. 14-43
Number of pages: 34 Posted: 01 Apr 2014 Last Revised: 23 Aug 2014
University of Illinois Information Trust Institute, University of Illinois College of Law, University of Illinois at Urbana-Champaign, University of Illinois at Urbana-Champaign - Information Trust Institute and University of Illinois at Urbana-Champaign - Department of Psychology
Downloads 187 (151,396)

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Internet, privacy, privacy law, informed consent

59.

Property Rights Protection for Agricultural Biotechnology in Developing Countries: An Econometric Analysis

Number of pages: 8 Posted: 17 Jul 2006
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 186 (152,141)

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60.

Analyzing Information Technology & Societal Interactions: A Policy Focused Theoretical Framework

Illinois Public Law Research Paper No. 07-12
Number of pages: 49 Posted: 08 Nov 2007 Last Revised: 21 Nov 2007
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 181 (155,958)

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61.

Taking Stock and Looking Ahead: The Future of U.S. Patent Law

The Future of the Patent System, Chapter 5, pages142-176, Illinois Public Law Research Paper No. 08-24
Number of pages: 38 Posted: 03 Apr 2009 Last Revised: 25 Jan 2013
Jay P. Kesan
University of Illinois College of Law
Downloads 168 (166,559)

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62.

A Legal Analysis of the Effects of the Renewable Fuel Standard (RFS2) and Clean Air Act on the Commercialization of Biobutanol as a Transportation Fuel in the United States

GCB Bioenergy, Vol. 4, pp. 107-118, 2012
Number of pages: 12 Posted: 24 Sep 2011 Last Revised: 16 Jun 2012
Timothy A. Slating and Jay P. Kesan
University of Illinois Energy Biosciences Institute and University of Illinois College of Law
Downloads 153 (180,399)

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Biobutanol, biofuel, Renewable Fuel Standard, RFS2, Clean Air Act

Do Tax Policies Drive Innovation by SMEs in China?

University of Illinois College of Law Legal Studies Research Paper No. 18-3
Number of pages: 48 Posted: 29 Jun 2017 Last Revised: 29 Jan 2018
Runhua Wang and Jay P. Kesan
Chicago-Kent College of Law and University of Illinois College of Law
Downloads 113 (229,865)

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Small and medium enterprise, Software and integrated circuit enterprises, Tax credit, R&D, Patent application

Do Tax Policies Drive Innovation by SMEs in China?

Number of pages: 50 Posted: 20 Jun 2018
Runhua Wang and Jay P. Kesan
Chicago-Kent College of Law and University of Illinois College of Law
Downloads 31 (446,264)

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Tax Policy, Intellectual Property, Innovation, SMEs

64.

Mandatory Demand as a Policy Instrument: The Case of the Renewable Fuel Standard (RFS) Biofuel Program

Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-16, Illinois Public Law Research Paper No. 11-24
Number of pages: 31 Posted: 14 Jun 2012 Last Revised: 21 Aug 2012
University of Illinois College of Law, University of Illinois Energy Biosciences Institute and University of Illinois at Urbana-Champaign
Downloads 125 (212,252)

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65.

Bugs in the Market: Creating a Legitimate, Transparent, and Vendor-Focused Market for Software Vulnerabilities

Arizona Law Review, Vol. 58, 2016, University of Illinois College of Law Legal Studies Research Paper No. 16-18
Number of pages: 78 Posted: 02 Mar 2016 Last Revised: 04 Oct 2016
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 122 (216,118)

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66.

Patenting — With Chinese Characteristics

University of Illinois College of Law Legal Studies Research Paper No. 15-12
Number of pages: 41 Posted: 22 Jul 2014 Last Revised: 10 Mar 2015
Jay P. Kesan, Alan C. Marco and Richard Miller
University of Illinois College of Law, Georgia Institute of Technology - School of Public Policy and United States Patent and Trademark Office
Downloads 117 (222,986)

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Patents, China, Innovation, International

67.

A Study of the Role and Impact of Special Masters in Patent Cases

Illinois Public Law Research Paper No. 08-23
Number of pages: 21 Posted: 03 Apr 2009 Last Revised: 19 May 2009
Jay P. Kesan and Gwendolyn G. Ball
University of Illinois College of Law and Marymount University
Downloads 112 (230,240)

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68.

Incorporating Societal Concerns into Communication Technologies

IEEE Technology & Society, pp. 28-33, Summer 2003
Number of pages: 8 Posted: 17 Aug 2004
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 111 (231,717)
Citation 1

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69.

Towards Patent Standardization

Harvard Journal of Law and Technology, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 16-26
Number of pages: 27 Posted: 29 May 2016 Last Revised: 13 Jul 2016
Janet Freilich and Jay P. Kesan
Fordham University School of Law and University of Illinois College of Law
Downloads 109 (234,661)

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70.

Maize-Based Biofuels: Legal and Regulatory Issues in the US

Number of pages: 21 Posted: 10 Feb 2012 Last Revised: 11 Mar 2014
Jay P. Kesan and Timothy A. Slating
University of Illinois College of Law and University of Illinois Energy Biosciences Institute
Downloads 108 (236,205)

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Maize, Biofuels, Biofuel Blending, Biofuel Feedstock, Biofuel Mandates, Biofuel Incentives, Renewable Fuel Standard (RFS2), Intellectual Property, Plant Variety Protection

71.

Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication

Journal of Empirical Legal Studies, Volume 15, Issue 1, 80-125, March 2018, Northwestern Law & Econ Research Paper, University of Illinois College of Law Legal Studies Research Paper No. 18-10
Number of pages: 46 Posted: 10 Oct 2017 Last Revised: 17 Feb 2018
University of Richmond - School of Law, University of Illinois College of Law and Northwestern University - Pritzker School of Law
Downloads 105 (240,873)

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Patent, Litigation, PAE, NPE, Troll, Empirical, Patent Litigation

72.

Developing a Comprehensive Patent Related Information Retrieval Tool

Journal of Theoretical and Applied Electronic Commerce Research, Vol. 6, No. 2, August 2011, Illinois Public Law Research Paper No. 10-12
Number of pages: 16 Posted: 13 Feb 2011 Last Revised: 19 Jun 2011
University of Illinois College of Law, University of Illinois at Urbana-Champaign, Civil and Environmental Engineering, Civil and Environmental Engineering and affiliation not provided to SSRN
Downloads 91 (265,066)

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Patents, Court cases, USPTO, Search, Information Retrieval

73.

Software as Governance

E-GOVERNMENT INFORMATION, TECHNOLOGY, AND TRANSFORMATION, p. 125, Hans J. Scholl, ed., M.E. Sharpe, 2010, Illinois Public Law Research Paper No. 10-33
Number of pages: 17 Posted: 01 Apr 2011
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 88 (270,608)

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Law, Policy, Open Standards, Defaults, Software

74.

Running Code as Part of an Open Standards Policy

First Monday, Vol. 14, No. 6, June 1, 2009, Illinois Public Law Research Paper No. 08-38, U Illinois Law & Economics Research Paper No. LE09-019
Number of pages: 11 Posted: 09 Jun 2009 Last Revised: 23 Feb 2011
Jay P. Kesan and Rajiv C. Shah
University of Illinois College of Law and University of Illinois at Chicago - Department of Communication
Downloads 88 (270,608)

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75.

The Effects of the Renewable Fuel Standard (RFS) on the Production of Fuel Ethanol in the U.S.

Illinois Public Law Research Paper No. 13-58, Illinois Program in Law, Behavior and Social Science Paper No. LBSS 14-16
Number of pages: 32 Posted: 17 Sep 2013 Last Revised: 22 Mar 2015
University of Illinois College of Law, University of Illinois Energy Biosciences Institute and University of Illinois at Urbana-Champaign
Downloads 87 (272,580)

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Renewable Fuel Standard, bio-fuels, regulation, ethanol

76.

Understanding U.S. Ethanol Consumption and Its Implications for Policy: A Study of the Impact of State-Level Incentives

University of Illinois Law Review, Forthcoming, Illinois Public Law Research Paper No. 10-31, Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-14
Number of pages: 41 Posted: 27 Mar 2011
Jay P. Kesan and Atsushi Ohyama
University of Illinois College of Law and University of Illinois at Urbana-Champaign
Downloads 85 (276,465)

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Biofuels, Biofuel Consumption, Ethanol Consumption, Renewable Fuel Standard

77.

Perspectives on the Growth in Chinese Patent Applications to the USPTO

USPTO Economic Working Paper 2014-1, University of Illinois College of Law Legal Studies Research Paper No. 17-27
Number of pages: 27 Posted: 21 Dec 2016
Alan C. Marco, Richard Miller and Jay P. Kesan
Georgia Institute of Technology - School of Public Policy, United States Patent and Trademark Office and University of Illinois College of Law
Downloads 82 (282,583)

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patents, China

78.

An Autopsy of Scientific Evidence in a Post-Daubert Scientific Evidence Landscape

Georgetown Law Journal, Vol. 84, 1996, Illinois Public Law Research Paper No. 10-15
Number of pages: 58 Posted: 02 Mar 2011 Last Revised: 19 Jul 2012
Jay P. Kesan
University of Illinois College of Law
Downloads 82 (282,583)

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79.

Imperfect Competition in Internet Markets: The Role of Network Effects in Determining Market Structure

TPRC 2003
Number of pages: 53 Posted: 16 May 2012
Jay P. Kesan and Andres A. Gallo
University of Illinois College of Law and University of North Florida
Downloads 77 (293,335)

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80.

Mining Information Across Multiple Domains: A Case Study of Application to Patent Laws and Regulations in Biotechnology

Government Information Quarterly, Vol. 29, No. 1, January 2012
Number of pages: 11 Posted: 02 Mar 2012
University of Illinois at Urbana-Champaign - College of Engineering, Civil and Environmental Engineering, University of Illinois College of Law, Civil and Environmental Engineering and affiliation not provided to SSRN
Downloads 73 (302,554)

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Patent system, Court case, Scientific publication, Information retrieval, Ontology

81.

Shaping Privacy Law and Policy by Examining the Intersection of Knowledge and Opinions

Number of pages: 43 Posted: 01 Apr 2015 Last Revised: 16 Dec 2015
University of Illinois College of Law, University of Illinois Information Trust Institute and University of Illinois at Urbana-Champaign
Downloads 72 (304,939)

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Privacy, Internet law, data practices

82.

Initiatives for Information Technology (IT) Sector Development and the Location of Data Centers

Illinois Public Law Research Paper No. 14-9
Number of pages: 11 Posted: 11 Oct 2013
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 69 (312,110)

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information technology, IT sector, cloud computing

83.

Liability for Data Injuries

University of Illinois Law Review, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 18-28
Number of pages: 66 Posted: 30 Jul 2018
Jay P. Kesan and Carol Mullins Hayes
University of Illinois College of Law and University of Illinois Information Trust Institute
Downloads 66 (319,542)

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84.

Making Modest Moves: Individual Users and Privacy in the Cloud

Number of pages: 2 Posted: 03 Apr 2012
Carol Mullins Hayes and Jay P. Kesan
University of Illinois Information Trust Institute and University of Illinois College of Law
Downloads 66 (319,542)

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privacy, privacy law, human computer interaction

85.

Setting Online Policy with Software Defaults

Information, Communication, and Society, Vol. 11, No. 3, October 2008, Illinois Public Law Research Paper No. 10-13
Number of pages: 20 Posted: 13 Feb 2011 Last Revised: 11 Mar 2014
Rajiv C. Shah and Jay P. Kesan
University of Illinois at Chicago - Department of Communication and University of Illinois College of Law
Downloads 64 (324,774)

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defaults, policy, software, regulation, code

86.

Putting China's Patent Rise into Context

Intellectual Asset Management, November/December 2016, University of Illinois College of Law Legal Studies Research Paper No. 17-04
Number of pages: 9 Posted: 19 Dec 2016
Jay P. Kesan, Alan C. Marco and Richard Miller
University of Illinois College of Law, Georgia Institute of Technology - School of Public Policy and United States Patent and Trademark Office
Downloads 53 (356,043)

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87.

The Role of Third-Party Institutions in Biomass Contracting: A Comparative Perspective

Georgetown Environmental Law Review (GELR), Vol. 28, 2016, University of Illinois College of Law Legal Studies Research Paper No. 16-20
Number of pages: 41 Posted: 26 Apr 2016 Last Revised: 29 Apr 2016
Isabel Freitas Peres and Jay P. Kesan
Independent and University of Illinois College of Law
Downloads 47 (375,015)

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88.

Lessons for Government Adoption of Open Standards: A Case Study of the Massachusetts Policy

Journal of Information Technology & Politics, Vol. 5(4), 2008
Number of pages: 12 Posted: 13 Jul 2016 Last Revised: 23 Jul 2016
Rajiv C. Shah, Jay P. Kesan and Andrew C. Kennis
University of Illinois at Chicago - Department of Communication, University of Illinois College of Law and University of Illinois
Downloads 45 (381,708)
Citation 1

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Document Formats, Open Standards, Open Formats, Policy, Procurement

89.

The Case for Vertical Integration in the Developing Bioenergy Industry

William & Mary Environmental Law and Policy Review, Vol. 39, 2015, University of Illinois College of Law Legal Studies Research Paper No. 15-28
Number of pages: 82 Posted: 24 Jul 2015 Last Revised: 09 Mar 2016
Independent, University of Illinois Energy Biosciences Institute and University of Illinois College of Law
Downloads 45 (381,708)

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90.

Response to the Proposed Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board

University of Illinois College of Law Legal Studies Research Paper No. 18-32, Georgia Tech Scheller College of Business Research Paper No. 18-35, University of Missouri School of Law Legal Studies Research Paper, Stanford Public Law Working Paper, George Mason Legal Studies Research Paper No. LS 18-28
Number of pages: 9 Posted: 28 Aug 2018 Last Revised: 24 Sep 2018
University of Richmond - School of Law, University of Missouri School of Law, Georgia Institute of Technology - Scheller College of Business, Indiana University Maurer School of Law, University of Illinois College of Law, Stanford Law School, George Mason University - Antonin Scalia Law School, Faculty, Duke University School of Law, University of San Diego School of Law and Texas A&M University School of Law
Downloads 40 (399,333)

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patent, innovation, intellectual property, PTAB, claim construction, broadest reasonable interpretation, BRI, Phillips

91.

Understanding Patent 'Privateering': A Quantitative Assessment

Journal of Empirical Legal Studies, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 18-36
Number of pages: 42 Posted: 12 Oct 2018 Last Revised: 19 Oct 2018
University of Illinois College of Law, Charles River Associates and Northwestern University - Pritzker School of Law
Downloads 32 (431,077)

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92.

Open Standards

Cambridge Handbook of Technical Standardization Law, Vol. 2: Administrative Law, Trade, Privacy, Tort, Copyright and Trademark (Jorge L. Contreras, ed., Cambridge Univ. Press 2019, Forthcoming), University of Illinois College of Law Legal Studies Research Paper No. 18-38
Number of pages: 36 Posted: 12 Oct 2018
Jay P. Kesan
University of Illinois College of Law
Downloads 7 (563,036)

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93.

Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication

Journal of Empirical Legal Studies, Vol. 15, Issue 1, pp. 80-125, 2018
Number of pages: 46 Posted: 20 Feb 2018
University of Richmond - School of Law, University of Illinois College of Law and Northwestern University - Pritzker School of Law
Downloads 2 (594,769)
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94.

Reducing Informational Disadvantages to Improve Cyber Risk Management

Geneva Risk and Insurance Review, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 18-24
Posted: 28 Feb 2018
Old Dominion University, Old Dominion University, University of Illinois at Urbana-Champaign, University of Illinois College of Law, Independent, Independent and Independent

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Cyber Risk Management, Cyber Insurance, Vulnerability Assessment, Security Risk Scores, Bayesian Belief Networks, Attack Graphs