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Tel: 215.898.4356
Email: polk@law.upenn.edu
Expertise
- Information Law
- Intellectual Property
- Law and Economics
- Law and Technology
- Patent Law
Bio
Professor Wagner focuses his research and teaching in intellectual property law and policy, with a special interest in patent law.
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Professor Wagner focuses his research and teaching in intellectual property law and policy, with a special interest in patent law. He is the author of over fifteen articles on topics ranging from an empirical analysis of judicial decision-making in the patent law to the First Amendment status of software programs. His work has appeared in the Stanford Law Review, the Columbia Law Review, and the University of Pennsylvania Law Review, among several others. He is a frequent lecturer on intellectual property topics, presenting his research at both academic institutions (such as Harvard, Stanford, Columbia, University of Michigan, University of Virginia, University of California at Berkeley) and prominent industry groups (such as the Intellectual Property Owner's Organization, the American Intellectual Property Law Association, and the Association of Corporate Patent Counsel). In 2002, Wagner founded the FedCir Project (www.fedcir.org), a major ongoing effort to study the performance of the United States Court of Appeals for the Federal Circuit. One of the project's first areas of research, the Claim Construction Project (www.claimconstruction.com) has emerged as an important and influential resource for patent lawyers and judges alike. Prior to joining the Penn faculty in 2000, Wagner served as a clerk to Judge Raymond C. Clevenger III of the United States Court of Appeals for the Federal Circuit. He holds a law degree from Stanford, an engineering degree from the University of Michigan, and was the 1994-95 Roger M. Jones Fellow at the London School of Economics.
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Representative Professional Positions
Penn Law - Professor of Law (2005 -); Assistant Professor (2000-05)
Law Clerk to Judge Clevenger, United States Court of Appeals for the Federal Circuit (1998-2000)
Representative Publications
PATENT LAW: CONCEPTS AND INSIGHTS (forthcoming, Foundation Press 2007).
The Federal Circuit and Patentability: An Empirical Assessment of the Law of Obviousness, 85 TEX. L. REV. __ (2007) (with L. Petherbridge).
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"A Teaching, Suggestion, or Motivation to Combine": Bringing Structure and Clarity to the Obviousness Analysis, 155 U. PA. L. REV. 96 (2006).
Comments on “Stealth Marketing and Editorial Integrity”, 85 TEX. L. REV. 17 (2006).
The Perfect Storm: Intellectual Property and Public Values, 73 FORDHAM L. REV. 1107 (2005).
Patent Portfolios, 154 U. PA. L. REV. 1 (2005) (with G. Parchomovsky).
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Reconsidering the DMCA, 42 HOUST. L. REV. 1107 (2005).
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On Software Regulation, 78 S. CAL. L. REV. 457 (2005).
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Exactly Backwards: Exceptionalism and the Federal Circuit, 54 CASE W. RES. L. REV. 749 (2004).
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Is the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance, 152 U. PA. L. REV. 1105 (2004) (with Lee Petherbridge).
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(Mostly) Against Exceptionalism, in F. SCOTT KIEFF, ADVANCES IN GENETICS 50-367 (2003).
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Of Patents and Path Dependency: A Comment on Burk & Lemley, 18 BERKELEY TECH. L.J. 1341 (2004).
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Information Wants to Be Free: Intellectual Property and the Mythologies of Control, 103 COLUM. L. REV. 995 (2003).
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Realspace Sovereigns in Cyberspace: Problems with the Anticybersquatting Consumer Protection Act, 17 BERKELEY TECH. L.J. 989 (2002) (with Catherine Struve).
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Reconsidering Estoppel: Patent Administration & the Failure of Festo, 151 U. PA. L. REV. 159 (2002).
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The Myth of Private Ordering: Rediscovering Legal Realism in Cyberspace, 73 CHI-KENT L. REV. 1295 (1999) (with M. J. Radin).
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Filters and the First Amendment, 83 MINN. L. REV. 755 (1999).
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The Medium is the Mistake: The Law of Software for the First Amendment, 51 STAN. L. REV. 387 (1999).
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For additional publications, please consult
Current & Recent Research
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