Paul R. Gugliuzza
Associate Professor of Law
BA, BBA, University of Oklahoma
JD, summa cum laude, Tulane University School of Law
Areas of Interest
- Office Room 1404H
- Email email@example.com
- Phone 617-358-7123
An award-winning scholar and teacher, Professor Paul Gugliuzza specializes in civil procedure, federal courts, and intellectual property law, with a particular focus on patent litigation. His recent article, “Quick Decisions in Patent Cases,” forthcoming in the Georgetown Law Journal, defends several recent and controversial changes in patent law, including the Supreme Court’s invigoration of the patent eligible subject matter requirement, by highlighting how those changes reduce enforcement costs in the patent system. His article, “(In)valid Patents,” recently published in the Notre Dame Law Review, examines the conflicts that occur when the courts and the Patent Office simultaneously review the validity of a single patent—a situation that has become increasingly common since Congress passed the America Invents Act in 2011. Another recent article, “Patent Trolls and Preemption,” which was published in the Virginia Law Review, analyzes the government’s power to regulate unfair or deceptive assertions of patent infringement, concentrating on new statutes designed to thwart so-called patent trolls.
Professor Gugliuzza has extensively studied the US Court of Appeals for the Federal Circuit, the semi-specialized court with exclusive jurisdiction over patent cases. His most recent article on the Federal Circuit, “Can a Court Change the Law By Saying Nothing?,” co-authored with Mark Lemley and forthcoming in the Vanderbilt Law Review, empirically analyzes the Federal Circuit’s recent opinions on the doctrine of patentable subject matter and argues that the court may be altering patent doctrine by writing precedential opinions far more frequently when it finds a patent valid than when it finds a patent invalid. Professor Gugliuzza’s other articles on the Federal Circuit include “Rethinking Federal Circuit Jurisdiction,” which was published in the Georgetown Law Journal, and “The Federal Circuit as a Federal Court,” which was published in the William & Mary Law Review and received the annual best article award from the Federal Courts Section of the Association of American Law Schools (AALS).
Professor Gugliuzza has received the Dean’s Award in recognition of his teaching at BU Law, and he has testified before Congress on the topic of abusive patent enforcement.
Professor Gugliuzza graduated summa cum laude from Tulane University School of Law. After law school, he clerked for Judge Ronald M. Gould on the US Court of Appeals for the Ninth Circuit and practiced in the Issues and Appeals group at Jones Day in Washington, DC. Prior to joining the faculty at BU, Professor Gugliuzza was a visiting assistant professor at the University of Florida Levin College of Law.
Activities & Engagements
Chicago Intellectual Property Colloquium
“The Procedure of Patent Eligibility,” Chicago Intellectual Property Colloquium, Chicago-Kent College of Law, Chicago, IL
Paul Gugliuzza, "Quick Decisions in Patent Cases," 106 Georgetown Law Journal (forthcoming).
Paul Gugliuzza & Mark A. Lemley, "Can a Court Change the Law By Saying Nothing?" 71 Vanderbilt Law Review (forthcoming).
Paul Gugliuzza, "How Much Has the Supreme Court Changed Patent Law?" 16 Chicago-Kent Journal of Intellectual Property 350 (2017).
Paul Gugliuzza, "Patent Trolls and Patent Litigation Reform," in Oxford Handbooks Online , Oxford University Press (2017). Publisher
Paul Gugliuzza & Megan M. La Belle, "The Patently Unexceptional Venue Statute," 66 American University Law Review 1027 (2017).
Paul Gugliuzza, "Regulating Patent Assertions," in Patent Assertion Entities and Competition Policy 85, D. Sokol, ed., Cambridge University Press (2017). SSRN
Intellectual Property: LAW JD 857
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 2016: LAW JD 857 A1 , Sep 7th to Dec 7th 2016
|Mon,Wed||8:30 am||10:30 am||4||Michael J. Meurer||LAW||414|
|Mon,Wed||2:15 pm||3:40 pm||4||Paul R. Gugliuzza||LAW||103|
|Mon,Wed||8:30 am||10:30 am||4||Michael J. Meurer||LAW||103|
Patent Litigation (S): LAW JD 964
This seminar will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, jurisdiction, and choice of law, and ending with the appeal. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, and infringement. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Students will be evaluated based primarily on two writing projects. The first project will require students to draft a litigation-related document (such as a claim construction brief or summary judgment motion) in a simulated patent case. The second project will be an academic research paper on a patent litigation-related issue to be chosen by the student. In-class presentations and class participation will also be taken into account in calculating each student's grade. No scientific or technical background is required to enroll in this seminar, and there are no formal prerequisites. However, prior or concurrent exposure to civil procedure and to patent law (such as through the Patent Law course or the Intellectual Property course) will be helpful. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this class.FALL 2016: LAW JD 964 A1 , Sep 8th to Dec 8th 2016
|Thu||2:10 pm||4:10 pm||3||Paul R. Gugliuzza||LAW||417|
In the Media
- January 5, 2018
Paul Gugliuzza's work featured in Law360. read more
- December 14, 2017
Paul Gugliuzza's research is mentioned in Law.com read more
- September 26, 2017
Paul R. Gugliuzza Quoted in Law360 read more
- June 30, 2017
Paul Gugliuzza quoted in "5 Times TV Tried (And Sometimes Failed) To Tackle Patents," Law360. read more
- June 2, 2017
Paul Gugliuzza quoted by Law360. read more
- March 27, 2017
Paul Gugliuzza quoted in “Patent Glory Days Could Be Numbered in the Country’s Busiest Patent Court,” Law 360. read more
- February 21, 2017
Paul Gugliuzza featured in “In Defense of the Federal Circuit: TC Heartland and Patent Venue,” Patently-O. read more
- February 16, 2017
Paul Gugliuzza quoted in “Broad Institute Emerges Victorious In Patent Fight Over CRISPR Gene-Editing Tech,” WBUR. read more
- December 8, 2016
Paul R. Gugliuzza quoted in “The Ali-Frazier Fight Of Biotech? Patent Court To Hear CRISPR Oral Arguments,” WBUR. read more
- March 17, 2016
Paul Gugliuzza quoted in Law360. read more