Robert Merges

The current CRISPR patent dispute, explained

Robert Merges quoted by California Magazine, April 27, 2017

“The good news is that Berkeley has pending CRISPR patents of its own, and these have been delayed due to the patent trial court case,” Merges said. “With that resolved, it’s anticipated the patent office will move ahead with Cal’s patent approval.”

Google lawsuit could be a fatal setback for Uber’s self-driving dreams

Robert Merges quoted by The Guardian, Feb. 25, 2017

Google could win a “head-start” injunction against Uber, preventing the company from working on the disputed LiDAR technology for as long as it took Google to develop, according to Robert Merges. … For Uber to “sit on the sideline” for three to five years while its competitors race to market would be a “very significant setback,” Merges said.

Kappos legacy and PTO-academia relations

Robert Merges writes for IP Watchdog, July 28, 2014

Director Kappos actively sought out academic researchers. He brought them into formal roles in the PTO. In the process he gave them not only offices and titles, but something much more elusive, much more valuable. He gave them (us, to be honest) respect. That’s a legacy that has been overlooked by other constituents in the patent world, but it will certainly not be overlooked by academics.

Trade commission orders ban on some Samsung products

Robert Merges quoted in The New York Times, Bits blog, August 9, 2013

Friday’s order to ban Samsung’s products does not involve standards-essential patents. But Robert P. Merges … said it was possible the administration would overturn Friday’s decision as part of a broader move to diminish the power of patent litigation as an industry weapon.

Patent case has potential to give Apple the upper hand

Robert Merges quoted in The New York Times, August 8, 2013

If the commission hands Apple another victory, Robert P. Merges … said the Obama administration could again overrule any import ban the commission puts in place, as part of a strategy to diminish the power of patent litigation as an industry weapon. “I think there are a lot of political implications,” he said, referring to the possible reaction by other governments. “You’ll have the obvious favoring-the-home-team problem. But I would be shocked if they didn’t think this through carefully.”

Cal’s Berkeley Law tops Stanford Law for most-wanted IP law grads

Robert Merges quoted in Silicon Valley Business Journal, March 13, 2013

“I think the reason that employers are so keen on our graduates is that we have such a comprehensive program, which means that when our students graduate, they are at a level which usually takes law firm associates several years to achieve,” said Merges…. “They start the race a lap or so ahead, and that is because we start exposing our students to IP during their first year of law school, and they can take advance classes in their second year to advanced seminars in their third year.”

Justifying IP—putting the horse before Descartes

Robert Merges writes for PrawfsBlawg, January 30, 2013

We do not know whether IP law is net social welfare positive. Yet many of us feel strongly that this body of law, this social and legal institution, has a place in a well-functioning society. Now, we can say the data are not all in yet, but we nevertheless should maintain our IP system on the hope that someday we will have adequate data to justify it.

Consumers likely to feel impact of Apple defeat of Samsung

Robert Merges quoted in USA Today, August 27, 2012

“The smart money is going to say this is the end of Act One, we’ve teed it up for the federal circuit, and we’ll see what’s on for Act Two,” says Robert Merges of Boalt Law School at the University of California, Berkeley…. “The bottom line is (that Apple has) shown the world that they are going to use these patents, and you better keep a wide berth, or get out of the mobile market.”