Narratives and evidence in the litigation of high-tech patents

Colleen Chien has a paper in SSRN, dated April of 2009, that explores the narrative of patents, from the epithet of “troll” applied to patent owners who seek only to leverage their patent through licensing, and not application, and including our rather romantic perception of an inventor.

I wondered previously why critical theory approaches (like the much-criticized Critical Legal Studies) haven’t had much of an impact on U.S. law or legal analysis.
Maybe “litcrit” has relied too much on the fabled “Death of the Author” (even without realizing it) when trying to analyze case law. If your “author” keeps popping back up to [...]

983445_literature_1

The “Introductory Guide to Critical Theory” (which I extract from and link to below, along with other useful reference sites) provides an excellent basic introduction to some of the main points of contemporary critical theory (which I encountered as part of historical, literary and “textual” studies). It has amazed me so far in law school [...]

"Webs of Significance," Clifford Geertz

Cover of The Interpretation of Cultures
An individual is bound up in a series of symbolic or mythic representations—”man is an animal suspended in webs of significance he himself has spun” (Clifford Geertz, Interpretation of Cultures)—which serve to generate and maintain meaning. Together, these symbols and myths provide the structure for our world-views. They constitute a [...]

Gifts Bespeak Relationships

One of the specific narrative methods of establishing community, of creating and maintaining shared world-views, is gift exchange. In contrast to the exchange of commodities, the exchange of gifts establishes enduring connections between people.
It is the cardinal difference between gift and commodity exchange that a gift establishes a feeling-bond between two people, while the sale [...]

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