Associate Dean of Faculty and Professor of Law
Areas of Expertise
Patent Law, International Patent Law, Patent Litigation, Trademark Law and Policy, Property Law
Professor Timothy R. Holbrook is one of the nation’s leading patent law scholars. He has authored over twenty-five publications and has given over one hundred presentations around the world on patent law. His work has explored the patentability of human genes, the extraterritorial reach of U.S. patent law, and the function of patent disclosures. His work has been cited in briefs before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit (the court that hears all appeals in the U.S. arising under the patent laws), and various district courts. The Federal Circuit and district courts have cited his work favorably. He has also authored or co-authored numerous briefs before the Supreme Court and the Federal Circuit.
Professor Timothy Holbrook graduated summa cum laude and as valedictorian from North Carolina State University, earning a BS in chemical engineering with a life sciences concentration. He received his JD from Yale Law School, where he served as a lead editor and publications director of the Yale Journal on Regulation. After law school, he clerked for the Honorable Glenn L. Archer Jr. of the U.S. Court of Appeals for the Federal Circuit. Following his clerkship, Professor Holbrook worked in Budapest, Hungary, with the Hungarian patent law firm Danubia. Upon his return to the United States, he associated with the Washington, D.C., law firm of Wiley, Rein & Fielding (now Wiley Rein), where his practice focused on patent and appellate litigation.
Professor Holbrook has published widely on issues of patent law, international patent law and the patenting of human genes. His work appears in a variety of journals, including the Minnesota Law Review, Indiana Law Journal, Harvard Journal of Law and Technology, William and Mary Law Review, Washington University Law Review, SMU Law Review, and twice in Science magazine. He is the co-author of Patent Litigation and Strategy (4th ed.) with Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit and John Murphy of Woodcock Washburn LLP.
Before joining the Emory faculty, Professor Holbrook was a tenured professor at the Chicago-Kent College of Law. He served as the Edwin A. Heafey Jr. Visiting Professor of Law at Stanford Law School and also has taught as a visiting professor at the University of Denver Sturm College of Law and Washington University School of Law in St. Louis. He was a scholar-in-residence at the Center for Media and Communication Studies at the Central European University (CEU) (Budapest, Hungary). He also served as a visiting professor in CEU’s Legal Studies Department.
While in Chicago, Professor Holbrook was a founder and the program chair for the Richard Linn Inn of Court. Since arriving in Atlanta, he helped establish the Atlanta Intellectual Property Inn of Court and served as its first President. He also has served as an expert or consultant in a variety of patent litigation cases, both in the United States and abroad.
Professor Holbrook has also worked to advance the rights of the LGBT community. He has served in advisory positions to groups advocating for the rights of persons with HIV/AIDS and members of the LGBT community in Washington, DC, Chicago, and Atlanta. He was co-counsel to National Football League players on a brief before the US Supreme Court in Hollingsworth v. Perry, which ultimately restored marriage equality in California. More information is available at http://www.athletesbrief.com/.
Professor Holbrook teaches classes in Patent Law, International Patent Law, Patent Litigation, Trademark Law and Policy and Property Law.
Books And Book Chapters
U.S. PATENT LAW (Oxford University Press, under contract, forthcoming 2012) (two-volume patent law treatise) (with Meredith Martin Addy)
PATENT LITIGATION AND STRATEGY (3d ed., Thomson-West, 2008) (with Kimberly A. Moore and Paul R. Michel).
The Risks of Early Commercialization of an Invention: the On-Sale Bar to Patentability, in INTELLECTUAL PROPERTY AND INFORMATION WEALTH, (Yu, P., ed., 2007)
Submitted Articles And Essays
Patent Law’s Audience, 97 MINN. L. REV. --- (forthcoming 2012) (with Mark D. Janis)
Territoriality and Tangibility after Transocean, 61 EMORY L.J. (forthcoming 2012).
Patents, Presumptions, and Public Notice, 86 IND. L.J. 779 (2011).
Equivalency and Patent Law’s Possession Paradox, 23 HARV. J.L. & TECH. 1 (2009).
Extraterritoriality in U.S. Patent Law, 49 WM. & MARY L. REV. 2119 (2008).
Obviousness in Patent Law and the Motivation to Combine: A Presumption-Based Approach, WASH. U. L. REV., Slip Opinions, Mar. 21 2007.
The Expressive Impact of Patents, 84 WASH. U. L. REV. 573 (2006).
When Patents Threaten Science, 314 SCIENCE 1695 (December 1, 2006) (with Jordan Paradise, Lori Andrews, and Danielle Bochneak.
Possession in Patent Law, 59 SMU L. REV. 123 (2006).
Patents on Human Genes—An Analysis of Scope and Claims, 307 SCIENCE 1566 (March 11, 2005) (with Jordan Paradise and Lori Andrews).
Territoriality Waning? Patent Infringement for Offering in the United States to Sell an Invention Abroad, 37 UC DAVIS L. REV. 701 (2004).
Liability for the “Threat of a Sale”: Assessing Patent Infringement for Offering to Sell an Invention and Implications for the On-Sale Patentability Bar and Other Forms of Infringement, 43 SANTA CLARA L. REV. 751 (2003), reprinted in 36 INTELLECTUAL PROPERTY L. REV. 137 (2004).
The More Things Change, The More They Stay The Same: Implications of Pfaff v. Wells Electronics, Inc. and the Quest for Predictability in the On-Sale Bar, 15 BERKELEY TECH. L.J. 933 (2000).
Invited Works, Symposia And Other Contributions
Should Foreign Patent Law Matter?, -- CAMPBELL L. REV. --- (forthcoming 2012) (symposium).
WHAT IS A PATENT?, American Bar Association Publication (3d ed. 2010)
A Comparative Look at Recent U.S. Supreme Court Patent Decisions, COMPUTER L. REV. INT’L 71 (CRi) (June 15, 2008) (invited essay).
Patents for Poets, 52 ST. LOUIS UNIV. L. REV. 795 (2008) (invited essay for Teaching Intellectual Property Law issue).
The Return of the Supreme Court to Patent Law, 1 AKRON INT. PROP. J. 1 (2007) (symposium).
The Intent Element of Induced Infringement, 22 SANTA CLARA COMPUTER & HIGH TECH. L.J. 399 (2006) (symposium), reprinted in PATENT INFRINGEMENT: DISPUTES AND REMEDIAL OPTIONS (Icfai Univ. Press 2008).
Substantive versus Process-Based Formalism in Claim Construction, 9 LEWIS & CLARK L. REV. 123 (2005) (symposium).
The Treaty Power and the Patent Clause: Are There Limits on the United States’ Ability to Harmonize?, 22 CARDOZO ARTS & ENT. L.J. 1 (2004) (symposium).
The Supreme Court’s Complicity in Federal Circuit Formalism, 20 SANTA CLARA COMPUTER & HIGH TECH. L.J. 1 (2003) (invited essay).
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