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

Texas Law Review "See Also", Vol. 93, pp. 15-27, 2014

San Diego Legal Studies Paper No. 2506740

13 Pages Posted: 8 Oct 2014

See all articles by Ted M. Sichelman

Ted M. Sichelman

University of San Diego School of Law

Date Written: October 7, 2014

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

Suggested Citation

Sichelman, Ted M., Meaning is in the Mind of the Reader: A Rejoinder to Burk, Cotter, and Lemley (October 7, 2014). Texas Law Review "See Also", Vol. 93, pp. 15-27, 2014; San Diego Legal Studies Paper No. 2506740. Available at SSRN: https://ssrn.com/abstract=2506740

Ted M. Sichelman (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
(619) 260-7512 (Phone)
(619) 260-2748 (Fax)

HOME PAGE: http://https://www.sandiego.edu/law/faculty/profiles/bio.php?ID=795

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