Contents
Contributors
Acknowledgments
Introduction
I. Background: What is the Common Law?
II. Overview
A. Judge-Made Intellectual Property Law
B. The Common Law Method in Intellectual Property
C. State Intellectual Property Law
D. Plural Values in Intellectual Property
E. Parallels between the Substantive Common Law and Intellectual Property
Conclusion: A Common Theme
Part I Judge-Made Intellectual Property Law
1 Judges and Property
Introduction
I. Rejecting Property Exceptionalism
II. The Character of Property
III. Grand Style Adjudication.

IV. Legislatures and Courts
A. Performance
B. Legitimacy
Concluding Remarks
2 Equitable Intellectual Property
Introduction
I. Misappropriation
II. Equity as a Solution to Opportunism
III. Judicial Regulation of the Competitive Process
IV. Conclusion
3 The Mixed Heritage of Federal Intellectual Property Law and Ramifications for Statutory Interpretation
I. The Formative Period
A. Copyright Law
B. Patent Law
II. Statutory Consolidation, Codification, and Revision
A. Copyright Law
B. Patent Law
III. The Modern Era
A. Copyright Law.

B. Patent Law
IV. The Ramifications of the Mixed Heritage of Copyright and Patent Law for the Continued Evolution of Intellectual Property Law
4 Interpretive Methodology and Delegations to Courts
Introduction
I. Common Law Statutes and Congressional Delegations
II. "Sweeping, General Terms"
III. Common Law History
IV. Delegations to Courts Today
5 Dynamic Claim Interpretation
Introduction
I. Patents and Claims
II. Claim Construction
III. Reading Legal Texts
IV. Ordinary Claim Meaning
V. Dynamic Statutory Interpretation.

VI. Constructing Claims Dynamically
Conclusion
6 Did Phillips Change Anything?
Introduction: The Design of the Federal Circuit
I. The Prelude to Phillips: A Recap of Recent Claim Construction History
A. An Introduction to Claim Construction
B. Claim Construction and Institutional Design
C. Earlier Related Studies and Their Findings
D. The Phillips v. AWH Response
II. Study Design and Methodology
A. About Content Analysis
B. Database Construction
C. Testing for Reliability
III. Results
A. The Phillips Effect, Part 1: Aggregate Results.

B. The Phillips Effect, Part 2: Methodological Trends
C. Why Did Phillips Not Change the Law?
1. The Nonbinding Nature of the Phillips Opinion
2. The Federal Circuit's Decision-Making Process
3. A Results-Oriented Court
4. Patent Drafting Drives the Results
5. Jurisprudential Time Lag
6. Failure of the Study
D. If Phillips Did Not Change the Law, What Did It Do?
1. Reduce Disputes among Federal Circuit Judges?
2. Reduce Appeals on Claim Construction?
IV. Is the Federal Circuit Succeeding? Revisited: The Lessons of Phillips.

A. Wrong Choice Number One: Embracing the Holistic Methodological Approach.