Paul R. Gugliuzza

Associate Professor of Law

BA, BBA, University of Oklahoma
JD, summa cum laude, Tulane University School of Law

Areas of Interest
Civil Procedure, Federal Courts, Intellectual Property, Patent Law
  • Office Room 1404H
  • 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
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  1. Paul Gugliuzza, "Quick Decisions in Patent Cases," 106 Georgetown Law Journal (forthcoming).
  2. Paul Gugliuzza & Mark A. Lemley, "Can a Court Change the Law By Saying Nothing?" 71 Vanderbilt Law Review (forthcoming).
  3. Paul Gugliuzza, "How Much Has the Supreme Court Changed Patent Law?" 16 Chicago-Kent Journal of Intellectual Property 350 (2017).
  4. Paul Gugliuzza, "Patent Trolls and Patent Litigation Reform," in Oxford Handbooks Online , Oxford University Press (2017). Publisher
  5. Paul Gugliuzza & Megan M. La Belle, "The Patently Unexceptional Venue Statute," 66 American University Law Review 1027 (2017).
  6. Paul Gugliuzza, "Regulating Patent Assertions," in Patent Assertion Entities and Competition Policy 85, D. Sokol, ed., Cambridge University Press (2017). SSRN
  7. Paul Gugliuzza, "(In)valid Patents," 92 Notre Dame Law Review 271 (2016).
    SSRN | Publisher
  8. Paul Gugliuzza, "Early Filing and Functional Claiming," in Symposium Notice and Notice Failure in Intellectual Property Law, 96 Boston University Law Review 1223 (2016).
    SSRN | Publisher
  9. Paul Gugliuzza, "Patent Litigation Reform: The Courts, Congress, and the Federal Rules of Civil Procedure," 95 Boston University Law Review 279 (2015).
    SSRN | Publisher
  10. Paul Gugliuzza, "Patent Trolls and Preemption," 101 Virginia Law Review 1579 (2015).
    SSRN | HeinOnline (BU) | HeinOnline
  11. Paul Gugliuzza, "Patent Law Federalism," 2014 Wisconsin Law Review 11 (2014).
    SSRN | HeinOnline (BU) | HeinOnline
  12. Paul Gugliuzza, "Saving the Federal Circuit," in Symposium Responses to Chief Judge Diane Wood's Speech, 13 Chicago-Kent Journal of Intellectual Property 350 (2014).
    SSRN | Publisher
  13. Paul Gugliuzza, "The Federal Circuit as a Federal Court," 54 William & Mary Law Review 1791 (2013).
    SSRN | HeinOnline
  14. Paul Gugliuzza, "IP Injury and the Institutions of Patent Law," review of Christina Bohannon & Herbert Hovenkamp, Creation Without Restraint: Promoting Liberty and Rivalry in Innovation, Oxford University Press (2012), 98 Iowa Law Review 747 (2013). SSRN | HeinOnline (BU) | HeinOnline
  15. Paul Gugliuzza, "The New Federal Circuit Mandamus," 45 Indiana Law Review 343 (2012).
    SSRN | HeinOnline (BU) | HeinOnline
  16. Paul Gugliuzza, "Pluralism on Appeal," 100 Georgetown Law Journal Online 36 (2012).
    SSRN | Publisher
  17. Paul Gugliuzza, "Rethinking Federal Circuit Jurisdiction," 100 Georgetown Law Journal 1437 (2012).
    SSRN | HeinOnline (BU) | HeinOnline
  18. Paul Gugliuzza, "Veterans Benefits in 2010: A New Dialogue Between the Supreme Court and the Federal Circuit," 60 American University Law Review 1201 (2011).
    SSRN | HeinOnline (BU) | HeinOnline
  19. Paul Gugliuzza, M. F. Eaton & S. Dantiki, "Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know," 59 American University Law Review 1155 (2010).
    HeinOnline (BU) | HeinOnline

4 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 2016: LAW JD 857 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 Michael J. Meurer LAW 414
SPRG 2017: LAW JD 857 G1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:15 pm 3:40 pm 4 Paul R. Gugliuzza LAW 103
FALL 2017: LAW JD 857 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 8:30 am 10:30 am 4 Michael J. Meurer LAW 103

3 credits

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
Days Start End Credits Instructors Bldg Room
Thu 2:10 pm 4:10 pm 3 Paul R. Gugliuzza LAW 417
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