Meaning is in the Mind of the Reader: A Rejoinder to Burk, Cotter, and Lemley

Abstract

As beauty is in the eye of the beholder, meaning is in the mind of the reader. In three responses to my article, "Purging Patent Law of 'Private Law' Remedies," 92 Texas L. Rev. 517 (2014), Dan Burk, Tom Cotter, and Mark Lemley offer three distinct readings and, hence, attribute three distinct meanings. In this rejoinder to Burk, Cotter, and Lemley, I endeavor to convey to the reader my intended meaning by pointing out what I believe are mischaracterizations of my original article in Burk’s and Lemley’s responses. Additionally, I rebut various criticisms in all of the responses and stake out areas of consensus.

Keywords: patent law, patent remedies, injunctions, lost profits, reasonable royalties, patent holdup, damages, NPE

JEL Classification: K2, O3, O34