Peter Menell

Cisco v. Aista awaits a jury verdict under the Oracle v. Google shadow

Peter Menell quoted by Ars Technica, Dec. 14, 2016

“In my view, Cisco is seeking to benefit from the Federal Circuit’s misinterpretation of 9th Circuit law regarding APIs,” Menell said in an e-mail exchange with Ars. “By including a patent claim, despite the relatively small magnitude of Cisco’s patent damage request, Cisco ensured that the Federal Circuit, rather than the 9th Circuit, would have appellate jurisdiction over the far more valuable copyright causes of action.”

Six things to watch as Cisco, Arista head to trial over IP

Peter Menell quoted by The Recorder (registration required), Nov. 23, 2016

Berkeley Law professor Peter Menell writes in a recent scholarly article that Freeman faces a dilemma: “whether to follow the Ninth Circuit’s jurisprudence or the Federal Circuit’s interpretation of the Ninth Circuit’s jurisprudence.”

How Oracle went from nine zeros to one zero

Peter Menell interviewed by The Recorder (registration required) May 27, 2016

“Declaring code is not poetry,” he said. Menell said he expects the jury’s verdict to remain intact in the face of post-trial motions and a potential appeal. “I just think it is going to be very surprising to have this completely reversed in any sense,” Menell said.

Steal this riff: How to fix copyright law and set musicians free

Peter Menell quoted by MTV, May 25, 2016

“My proposal would somewhat be a shock to the system,” says Menell. “…We live in a country with very strong free-expression values. So I think what we ought to be focused on is trying to support the artist — both the original artist and those who build on their work. That’s just part of the kind of freedom that has been central to our entertainment industries.”

Federal Defend Trade Secrets Act clears the Senate: Is the uniform act on life support?

Peter Menell quoted in Lexology, April 11, 2016

Of critical importance to several senators was the thoughtful consideration of the interplay between trade secret protection and illegal activity unearthed by employees. As noted by Professor Peter Menell of the UC Berkeley School of Law, “[t]he same routine non-disclosure agreements that are essential to safeguarding trade secrets can be and are used to chill those in the best position to reveal illegal activity.”

Worried biotech advocates swarm to prenatal testing fight

Peter Menell cited in The Recorder (registration required), August 27, 2015

“There is serious risk that failure to engage this issue at this juncture could set the patent system on a dire course,” say UC-Berkeley Law professor Peter Menell and UC-Hastings’ Jeffrey Lefstin in an amicus curiae brief filed Thursday.

The next generation of patent claim construction

Peter Menell writes for Daily Journal, February 3, 2015

The court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment jury trial right did not extend to patent claim construction and that trial judges were better equipped than juries to resolve the mixed fact/law controversies inherent in construing disputed patent claim terms.