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Peter S. Menell

Title: Koret Professor of Law; Co-Director, Berkeley Center for Law & Technology
Tel: 510-642-5489
Fax: 510-643-2673
Email Address:
Peter S. Menell's Homepage

FSU Contact: Don E. Johnson

After graduating from law school, Peter Menell clerked for Judge Jon O. Newman of the U.S. Court of Appeals for the 2nd Circuit. He joined the Boalt faculty in 1990 and co-founded the Berkeley Center for Law & Technology in 1995, where he serves as a director. Menell has visited at Harvard Law School and Stanford Law School. He has organized more than three dozen intellectual property education programs for the Federal Judicial Center since 1998.

Menell has authored Intellectual Property in the New Technological Age (with R. Merges and M. Lemley, 6th ed. 2012); Patent Case Management Judicial Guide (Federal Judicial Center 1st ed. 2009, 2d ed. forthcoming 2012) (with L. Pasahow, J. Pooley, and M. Powers); Software and Internet Law (with M. Lemley, R. Merges, P. Samuelson, and B. Carver, 3rd ed. 2006, 4th ed. 2011); Trademark, Unfair Competition, and Business Torts Law (with B. Beebe, T. Cotter, M. Lemley, & R. Merges) (2011); Environmental Law (International Library of Essays in Law and Legal Theory (Second Series) 2002); Property Law and Policy (with J. Dwyer, 1998); and Environmental Law and Policy (with Richard Stewart, 1994). He founded and supervises the Annual Review of Law and Technology (now in its 16th year, published by the Berkeley Technology Law Journal) and founded (and supervised the first four issues of) the Annual Review of Environmental and Natural Resource Law (published by the Ecology Law Quarterly). Menell's recent articles include: The Mixed Heritage of Federal Intellectual Property Law and Ramifications for Statutory Interpretation, Intellectual Property and the Common Law (Shyam Balganesh, ed., forthcoming 2012); Governance of Intellectual Resources and the Disintegration of Intellectual Property in the Digital Age, Berkeley Technology Law Journal (forthcoming 2012); Infringement Conflation, Stanford Law Review (forthcoming 2012); Forty Years of Wondering in the Wilderness and No Closer to the Promised Land: Bilski’s Superficial Textualism and the Missed Opportunity to Return Patent Law to its Technology Mooring, 63 Stanford Law Review 1289 (2011); In Search of Copyright’s Lost Ark: Interpreting the Right to Distribute in the Internet Age, 59 Journal of the Copyright Society 1 (2011); Patent Claim Construction: A Modern Synthesis and Structured Framework, Berkeley Technology Law Journal (2010) (with M. Powers and S. Carlson); Pooh-Poohing Copyright Law’s "Inalienable" Termination Rights, 57 Journal of the Copyright Society 799 (2010) (with D. Nimmer); Judicial Resistance to Copyright Law's Inalienable Right to Terminate Transfers, 33 Columbia Journal of Law and the Arts 227 (2010) (with D. Nimmer); Indirect Copyright Liability and Technological Change, 32 Columbia Journal of Law and the Arts 375 (2009); Intellectual Property and the Law of Land, Regulation (2008); Intellectual Property and the Property Rights Movement, Regulation (2007); Knowledge Access and Preservation Policy in the Digital Age, Houston Law Review (2007); Legal Realism in Action: Indirect Copyright Liability's Continuing Tort Framework and Sony's de facto Demise, 55 UCLA L. Rev. 14334 (2007) (with D. Nimmer); The Property Rights Movement's Embrace of Intellectual Property: True Love or Doomed Relationship?, 34 Ecology Law Quarterly 713 (2007); Unwinding Sony, 95 California Law Review 941 (2007) (with D. Nimmer); Bankruptcy Treatment of Intellectual Property Assets; An Economic Analysis, 22 Berkeley Technology Law Journal 733 (2007); Knowledge Access and Preservation Policy in the Digital Age, 44 Houston Law Review 1013 (2007); A Method for Reforming the Patent System, 13 Michigan Telecommunications and Technology Law Review 487 (2007); Intellectual Property Law, chapter in Handbook of Law and Economics, edited by A. Mitchell Polinsky and Steven Shavell (2007) (with S. Scotchmer).


S.B., Massachusetts Institute of Technology (1980)
M.A., Stanford University (1982)
J.D., Harvard Law School (1986)
Ph.D., Stanford University (1986)

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