Michael J. Meurer

Professor of Law

Abraham and Lillian Benton Scholar

S.B. in Economics and Interdisciplinary Science, Massachusetts Institute of Technology
J.D. cum laude, University of Minnesota
Ph.D. in Economics, University of Minnesota

Areas of Interest
Economics & Law, Intellectual Property
Contact
Biography

The son of an economics professor, Michael Meurer knew by the time he was 13 that he, too, wanted to teach at the university level. An SB, JD and PhD later, he became an economics professor at Duke University and later a law professor at the University of Buffalo. He came to Boston University School of Law in 1999, where he has taught courses in patents, intellectual property and public policy toward the high-tech industry. “It’s a special privilege to be able to speak three times a week to an attentive and thoughtful audience,” he says.

Professor Meurer has received several grants and fellowships, including two grants from the Pew Charitable Trust, a Ford Foundation grant, an Olin Faculty Fellowship at Yale Law School and a postdoctoral fellowship at AT&T Bell Labs. He has served as an expert witness for the Federal Trade Commission on a merger case presenting issues related to patent licensing. He also has consulted with government officials from developing countries about antitrust law, and taught short courses in American intellectual property law at the law faculties of the University of Victoria and the National University of Singapore. “I’m excited by the prospect of having a positive influence on American technology law and policy,” Professor Meurer says. Outside of work, he enjoys playing and watching basketball.

Activities & Engagements
View All Activities & Engagements
Publications
  1. Michael Meurer & James Bessen, "The Direct Costs from NPE Disputes," 99 Cornell Law Review 387 (2014).
    SSRN | HeinOnline (BU) | HeinOnline
  2. Michael Meurer & Peter S. Menell, "Notice Failure and Notice Externalities," 5 Journal of Legal Analysis 1 (2013).
    SSRN
  3. Michael Meurer & James Bessen, "The Patent Litigation Explosion," 45 Loyola University of Chicago Law Journal 401 (2013).
    HeinOnline (BU) | HeinOnline
  4. Michael Meurer, "The Private and Social Costs of Patent Trolls," 34:4 Regulation 26 (2011-12).
    SSRN
  5. Michael Meurer, "Patent Litigation, Licensing, Nonobviousness, and Antitrust," in Antitrust Law and Economics 281, Keith Hylton, ed., Edward Elgar Publishing Limited (2010). [v.4 Encyclopedia of Law and Economics, 2d ed.]
  6. Michael Meurer, "Inventors, Entrepreneurs, and Intellectual Property Law," in Symposium Patent Law in Perspective, 45 Houston Law Review 1201 (2008-09).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  7. Michael Meurer, "Patent Examination Priorities," in Symposium The Boundaries of Intellectual Property: The Boundaries of Patent Law, 51 William & Mary Law Review 675 (2009).
    Publisher | Lexis Advance | HeinOnline (BU) | HeinOnline
  8. Michael Meurer & James Bessen, "Of Patents and Property," 31:4 Regulation 18 (Winter 2008-09).
    SSRN
  9. Michael Meurer & Katherine J. Strandburg, "Patent Carrots and Sticks: A Model of Nonobviousness," in Symposium Business Law Forum: Nonobviousness - The Shape of Things to Come, 12 Lewis & Clark Law Review 547 (2008).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  10. Michael Meurer & James Bessen, Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, Princeton University Press (2008).
    Publisher
  11. Michael Meurer & James Bessen, "What's Wrong with the Patent System? Fuzzy Boundaries and the Patent Tax," 12:6 First Monday (2007).
    Publisher
  12. Michael Meurer & James Bessen, "Patent Litigation with Endogenous Disputes," 96 American Economic Review Papers & Proceedings 77 (2006).
  13. Michael Meurer & Craig Nard, "Invention, Refinement and Patent Claim Scope: A New Perspective on the Doctrine of Equivalents," 93 Georgetown Law Journal 1947 (2005).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  14. Michael Meurer & James Bessen, "Lessons for Patent Policy from Empirical Research on Patent Litigation," 9 Lewis and Clark Law Review 1 (2005). Reprinted in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age, Peter K. Yu, ed., Praeger (2007).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  15. Michael Meurer & Craig Nard, "Patent Policy Adrift in a Sea of Anecdote: A Reply to Lichtman," 93 Georgetown Law Journal 2033 (2005).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  16. Michael Meurer & Robert Marshall, "Bidder Collusion and Antitrust Law: Refining the Analysis of Price Fixing to Account for the Special Features of Auction Markets," 72 Antitrust Law Journal 83 (2004).
    Westlaw | HeinOnline (BU) | HeinOnline
  17. Michael Meurer, "Law, Economics, and the Theory of the Firm," 52 Buffalo Law Review 727 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  18. Michael Meurer, "Too Many Markets or Too Few? Copyright Policy Toward Shared Works," 77 Southern California Law Review 903 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  19. Michael Meurer, "Controlling Opportunistic and Anti-Competitive Intellectual Property Litigation," 44 Boston College Law Review 509 (2003).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  20. Michael Meurer & F. Scott Kieff, "Pharmacogenomics, Genetic Tests, and Patent-Based Incentives: Perspectives on Properties of the Human Genome Project," in Advances in Genetics 399, Academic Press (2003). SSRN
  21. Michael Meurer, "Vertical Restraints and Intellectual Property Law: Beyond Antitrust," 87 Minnesota Law Review 1871 (2003).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  22. Michael Meurer, "Business Method Patents and Patent Floods," 8 Washington University Journal of Law and Policy 309 (2002).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  23. Michael Meurer, "Comments on Open Source Genomics," in Symposium Bioinformatics and Intellectual Property Law, 8 Boston University Journal of Science & Technology Law 265 (2002).
  24. Michael Meurer, "Copyright Law and Price Discrimination," 23 Cardozo Law Review 55 (2001).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  25. Michael Meurer & Robert Marshall, "The Economics of Auctions and Bidder Collusion," in Game Theory and Business Applications 339, Kalyan Chatterjee & William F. Samuelson, eds., Kluwer (2001).
  26. Michael Meurer, Michael Baram, Ashley Stevens & Thomas Meyers, "Intellectual Property Panel: Patent Rights and Licensing," in Symposium Advances in Biomaterials and Devices, and Their Financing, 6 Boston University Journal of Science & Technology Law 3 (2000).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  27. Michael Meurer, "Conference Remarks: Digital Technology and Copyright: A Threat or a Challenge," 39 IDEA 291 (1999). [Franklin Pierce Law Center]
  28. Michael Meurer, "Fair Division," 47 Buffalo Law Review 937 (1999).
    Westlaw | SSRN | Lexis Advance
  29. Michael Meurer, "Price Discrimination, Personal Use and Piracy: Copyright Protection of Digital Works," 45 Buffalo Law Review 845 (1997).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  30. Michael Meurer, Robert Marshall & Jean-Francois Richard, "Curbing Agency Problems in the Procurement Process," 25 Rand Journal of Economics 297 (1994).
  31. Michael Meurer & Dale Stahl, "Informative Advertising and Product Match," 12 International Journal of Industrial Organization 1 (1994).
  32. Michael Meurer, Robert Marshall & Jean-Francois Richard, "Litigation Settlement and Collusion," 109 Quarterly Journal of Economics 213 (1994).
  33. Michael Meurer, Robert Marshall & Jean-Francois Richard, "Multiple Litigants with a Public Good Remedy," 16 Research in Law and Economics 151 (1994).
  34. Michael Meurer, Robert Marshall & Jean-Francois Richard, "Numerical Analysis of Asymmetric First Price Auctions," 7 Games and Economic Behavior 193 (1994).
  35. Michael Meurer, Robert Marshall & Jean-Francois Richard, "Incentive-Based Procurement Oversight by Protest," in Incentives in Procurement Contracting 39, J. Leitzel & J. Tirole, eds., Westview (1993).
  36. Michael Meurer, "Denial of Care and Informed Consent in English and American Law," 18 American Journal of Law & Medicine 37 (1992).
  37. Michael Meurer, "The Gains from Faith in an Unfaithful Agent: Settlement Conflicts Between Defendants and Liability Insurers," 8 Journal of Law, Economics & Organization 502 (1992).
    HeinOnline (BU) | HeinOnline
  38. Michael Meurer, Robert Marshall & Jean-Francois Richard, "The Private Attorney General Meets Public Contract Law: Procurement Oversight by Protest," 20 Hofstra Law Review 1 (1991-92). Reprinted in IRS Computer Modernization and Procurement, Hearings before the Senate Governmental Affairs Committee (June 25, 1991 and April 2, 1992).
    Westlaw | HeinOnline (BU) | HeinOnline
  39. Michael Meurer & Kenneth Chapman, "Efficient Remedies for Breach of Warranty," in Symposium Economics of Contract Law, 52 Law & Contemporary Problems 107 (1989).
    HeinOnline (BU) | HeinOnline
  40. Michael Meurer, "Foreword: Economics of Contract Law," 52 Law & Contemporary Problems 1 (1989).
    Westlaw | HeinOnline (BU) | HeinOnline
  41. Michael Meurer, "The Settlement of Patent Litigation," 20 Rand Journal of Economics 77 (1989).
  42. Michael Meurer, "An Economic Analysis of Royalty Terms in Patent Licenses," 67 Minnesota Law Review 1198 (1983). [Note] Reprinted in 16 Intellectual Property Law Review 121 (1984).
Courses

Criminal Justice (S): LAW JD 811

3 credits

This seminar will critically examine selected issues in the practice of American criminal justice. Topics may include a selection from the following list: racial dimensions of policing, prosecution, and incarceration; family and community impact of criminal justice policies and practices; the capacity of the poor to find justice in the criminal system; police violence and culture; sentencing law and practice; plea bargaining; prosecutorial discretion; police discretion; drug law and policy (including mandatory minimums and the war on drugs); prisoners' rights; solitary confinement; cruel and unusual punishment (including sentences of life without parole); prison violence/rape; racial segregation in prison; prison overcrowding; privatization of prisons; alternatives to prison. We may also look at comparisons with criminal justice systems in other countries and avenues for reform. Students will make presentations to the group and execute substantial written assignments. GRADING NOTICE: This class will not offer the CR/NC/H option. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement in connection with this seminar. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2015: LAW JD 811 A1 , Sep 1st to Dec 1st 2015
Days Start End Credits Instructors Bldg Room
T 2:10 pm 4:10 pm 3 Gerald F. Leonard LAW 416

Intellectual Property: LAW JD 857

Var credits

This course explores how the law deals with the products of creative activity. The range of subject matter is large, embracing things as different as mechanical inventions and melodies; baubles and boat designs; catalogues, computers and cartoons. Among the areas of potential coverage are federal copyright law, federal trademark law, state law theories of unfair competition, trade secret law, patent law, state rights of publicity, and misappropriation. Also considered will be whether federal law should preempt the efforts of state judges and legislatures to regulate intellectual products.

FALL 2014: LAW JD 857 A1 , Sep 3rd to Dec 3rd 2014
Days Start End Credits Instructors Bldg Room
MW 8:30 am 10:30 am Var Michael J. Meurer LAW 101
SPRG 2015: LAW JD 857 G1 , Jan 12th to Apr 22nd 2015
Days Start End Credits Instructors Bldg Room
MW 2:15 pm 3:40 pm Var Paul R. Gugliuzza LAW 103
FALL 2015: LAW JD 857 A1 , Aug 31st to Dec 2nd 2015
Days Start End Credits Instructors Bldg Room
MW 8:30 am 10:30 am Var Michael J. Meurer LAW 101
SPRG 2016: LAW JD 857 G1 , Jan 11th to Apr 20th 2016
Days Start End Credits Instructors Bldg Room
MW 2:15 pm 3:40 pm Var Paul R. Gugliuzza LAW 605

Intellectual Property Workshop (S): LAW JD 776

3 credits

This seminar will intensely examine a small number of topics from the frontier of intellectual property law ("IP"). I will invite several intellectual property scholars to present their works-in-progress. Students will be required to read the works in advance, and will be assigned additional reading as appropriate. The scholars will present their scholarly articles, and students will respond with questions, comments and critiques. The seminar's goals are treble: for students to deepen their substantive knowledge of IP law, for students to increase their abilities to participate in, and potentially publish their own work in, scholarly debate, and for scholars in the midst of the publication process to improve their papers through the input of the workshop group. Students must have taken or be currently enrolled in a course in IP, Copyright, Patent, or Trademark. Students who have not taken such a course (or who are not enrolled currently in such a course) must obtain the permission of the instructor. Preference for entry will be given to JD students pursuing an "IP Concentration", students pursuing an LLM in American Law degree with an IP concentration, and to LLM students pursuing a master's degree in IP. The seminar is also open to other JD and LLM students, and to students outside the law school. Overall enrollment is tentatively capped at 18; students beyond that number can be admitted with the permission of the instructor. Students have the option of writing many short response papers, or of writing a single in-depth paper in IP. The latter option can fulfill the JD Upper Class Writing Requirement. ENROLLMENT LIMIT: 18 students. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2015: LAW JD 776 A1 , Jan 12th to Apr 20th 2015
Days Start End Credits Instructors Bldg Room
M 4:20 pm 6:20 pm 3 Michael J. Meurer LAW 418
SPRG 2016: LAW JD 776 A1 , Jan 11th to Apr 18th 2016
Days Start End Credits Instructors Bldg Room
M 10:40 am 12:40 pm 3 Wendy J. Gordon LAW 410

Law & Economics Workshop (S): LAW JD 940

3 credits

The Law and Economics Seminar is a research workshop. The first three class sessions will focus on selected basic topics in law and economics, including methodology commonly used in law and economics scholarship. In the following class sessions, outside speakers (typically faculty members from other institutions) will present their current work in the field. The specific topics considered will vary depending on the interests of the speakers, but the general focus will be the application of economic concepts and tools to legal and regulatory issues. Students are responsible for preparing short weekly memoranda that respond to the presented papers. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule.

SPRG 2015: LAW JD 940 A1 , Jan 13th to Apr 14th 2015
Days Start End Credits Instructors Bldg Room
T 2:10 pm 4:10 pm 3 Kathryn Zeiler LAW 417
FALL 2015: LAW JD 940 A1 , Sep 2nd to Dec 2nd 2015
Days Start End Credits Instructors Bldg Room
W 4:20 pm 6:20 pm 3 Michael J. Meurer LAW 418

Patent Law: LAW JD 870

3 credits

The basic questions in patent law are: why should society permit the grant of an exclusive property right in information relating to an invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.

SPRG 2015: LAW JD 870 A1 , Jan 12th to Apr 22nd 2015
Days Start End Credits Instructors Bldg Room
MW 9:00 am 10:25 am 3 Michael J. Meurer LAW 209
SPRG 2016: LAW JD 870 A1 , Jan 11th to Apr 20th 2016
Days Start End Credits Instructors Bldg Room
MW 9:00 am 10:25 am 3 Michael J. Meurer LAW 209

Space Law (S): LAW JD 943

0.5 credits

The space industry is in the midst of a remarkable transition. NASA is retiring the Space Shuttle and private companies will soon routinely take paying passengers to outer space and transport people and cargo to the International Space Station and private space hotels. This seminar will examine the domestic and international laws that govern human activities in outer space, with an emphasis on the ongoing privatization of space operations. Some of the topics we will explore include: space tourism, property rights in outer space, liability for damage caused by space objects, military operations in outer space, remote sensing from outer space, NASA, communication and navigation (GPS) satellites, Earth climate monitoring and protecting the space environment. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2016: LAW JD 943 A1 , Jan 11th to Apr 20th 2016
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 0.5 William W. Park
SPRG 2016: LAW JD 943 B1 , Jan 11th to Apr 20th 2016
Days Start End Credits Instructors Bldg Room
ARR TBD TBD 0.5 Michael J. Meurer
In the Media
View all profiles