F. Scott Kieff is Fred C. Stevenson Research Professor at the George Washington University School of Law in Washington, DC, and Ray and Louise Knowles Senior Fellow at Stanford University's Hoover Institution, where he is a member of the Project on Commercializing Innovation and where he serves on Hoover’s Property Rights Task Force.
Kieff is also a faculty member of the Munich Intellectual Property Law Center at Germany’s Max Planck Institute; previously he was a professor at Washington University School of Law in Saint Louis, with a secondary appointment in the School of Medicine’s Department of Neurological Surgery, and visiting professor in the law schools at Northwestern, Chicago, and Stanford, as well as a faculty fellow in the Olin Program on Law and Economics at Harvard, and a former research fellow and national fellow at Hoover. Before attending law school at the University of Pennsylvania, he studied molecular biology and microeconomics at MIT and conducted research in molecular genetics at the Whitehead Institute.
Having practiced law for more than six years, as a trial lawyer and patent lawyer for Pennie & Edmonds in New York and Jenner & Block Chicago and as law clerk to U.S. Circuit judge Giles S. Rich, he now serves as a testifying and consulting expert, mediator, and arbitrator to law firms, businesses, government agencies, and courts. He served for two years on the Appellate Mediation Panel for the U.S. Court of Appeals for the Federal Circuit, until November 2007, and that December was appointed by Secretary of Commerce Carlos Gutierrez to serve a three-year term on the nine-person Patent Public Advisory Committee of the Patent and Trademark Office, which was created by Congress to advise the government on the policies, goals, performance, budget, and user fees of the patent operation. In March, 2012 he was inducted as a member of the European Academy of Sciences and Arts. He was recognized as one of the nation’s “Top 50 under 45” by the magazine IP Law & Business [View magazine reprint], and was inducted as a Member in the European Academy of Sciences and Arts in March, 2012.
President Barack Obama announced his intent to nominate Professor Kieff as a Member of the United States International Trade Commission on September 10, 2012, and announced the formal nomination the following day. On January 3, 2013, Kieff's nomination, along with the others pending at the end of the Senate's term, were Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. On February 4, 2013, Kieff was re-nominated by President Obama. On August 1, 2013 the United States Senate confirmed F. Scott Kieff as a Member of the United States International Trade Commission by unanimous consent. His confirmation followed a unanimous favorable vote by the Senate Committee on Finance.
Ph. (650) 723-3678
Selected works by Professor Kieff
Benefits of Patent Jury Trials for Commercializing Innovation, 21 Geo. Mason L. Rev. 865 (2014), James E. Daily & F. Scott Kieff.
Anything Under the Sun Made by Humans: Patent Law Doctrines as Endogenous Institutions for Commercializing Innovation, 62 Emory L.J. 967 (2013), James E. Daily & F. Scott Kieff.
The FTC, IP, and SSOs: Government Hold-up Replacing Private Coordination, 8 J.C.L. & Econ. 1 (2012), Richard A. Epstein, F. Scott Kieff, and Daniel F. Spulber.
Patently Bad Policy, Defining Ideas Nov. 16, 2011, F. Scott Kieff.
File First, Invent Later?, Defining Ideas June 13, 2011, F. Scott Kieff.
Patent Reform Goes Haywire, Defining Ideas June 10, 2011, F. Scott Kieff.
Welcome to Patent Purgatory, Defining Ideas June 9, 2011, F. Scott Kieff.
The Perils of Patent Reform, Defining Ideas June 7, 2011, F. Scott Kieff.
The Patent Process Run Amok, Defining Ideas Feb 1, 2011, F. Scott Kieff.
Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents, University of Chicago Law & Economics Olin Working Paper No. 527, Richard A. Epstein and F. Scott Kieff.
The Case for Preferring Patent-Validity Litigation Over Second-Window Review and Gold-Plated Patents: When One Size Doesn't Fit All, How Could Two Do the Trick? (May 2009). Stanford Law and Economics Olin Working Paper No. 373, F. Scott Kieff.
On the Economics of Patent Law and Policy, in Patent Law and Theory: A Handbook of Contemporary Research (Toshiko Takenaka ed., 2009), F. Scott Kieff.
It's Your Turn, But It's My Move: Intellectual Property Protection for Sports "Moves", 25 Santa Clara Computer & High Tech L.J. 765 (2009), F. Scott Kieff, Robert G. Kramer, and Robert M. Kunstadt.
The Treatment Of Know-How In International R&D Cooperation: The United States of America, in The Treatment of Know How in International R&D Cooperation (Umgang mit Know-how in internationalen F&E-Kooperationen), edited by Peter Ganea and Nina Klunker for the Fraunhofer Institute for Manufacturing Technology, the Machine Tool Laboratory of the Technical University of Aachen and the Munich Intellectual Property Law Center under the German Ministry of Research and Education's project Igniting Ideas, F. Scott Kieff.
Quanta v. LG Electronics: Frustrating Patent Deals by Taking Contracting Options off the Table?, 2007/2008 Cato Sup. Ct. Rev 315 (2008), F. Scott Kieff.
On the Importance to Economic Success of Property Rights in Finance and Innovation (July 2008). Stanford Law and Economics Olin Working Paper No. 359
On the Economics of Patent Law and Policy, in Patent Law and Theory: A Handbook of Contemporary Research (Toshiko Takenaka ed., 2008), F. Scott Kieff.
On Coordinating Transactions in Intellectual Property: A Response to Smith’s Delineating Entitlements in Information, 117 Yale Law Journal Pocket Part 101 (2007), F. Scott Kieff.
Engineering a Deal: Toward a Private Ordering Solution to the Anticommons Problem, 47 Boston College Law Review 111 (2006), F. Scott Kieff and Troy A. Paredes.
Evidence and Anecdotes: An Analysis of Human Gene Patenting Controversies, 24 Nature Biotechnology 1091 (2006), Timothy Caulfield, Robert M. Cook-Deegan, F. Scott Kieff, & John P. Walsh.
Coordination, Property & Intellectual Property: An Unconventional Approach to Anticompetitive Effects & Downstream Access,56 Emory Law Journal 327 (2006). F Scott Kieff.
IP Transactions: On the Theory & Practice of Commercializing Innovation, 42 Houston Law Review 727 (2005), F. Scott Kieff.
The Case against Copyright: A Comparative Institutional Analysis of Intellectual Property Regimes, Stanford Law and Economics Olin Working Paper No. 297; Washington University School of Law Working Paper No. 04-10-01, F. Scott Kieff.
The Basics Matter: At the Periphery of Intellectual Property, 73 George Washington Law Review 174 (2004), F. Scott Kieff and Troy A. Paredes. Also published in Developments in the Economics of Copyright: Research and Analysis (Lisa N. Takeyama et al. eds., Edward Elgar) (2005).
An Approach to Intellectual Property, Bankruptcy, and Corporate Control, 82 Washington University Law Quarterly 1313 (2004), F. Scott Kieff and Troy A. Paredes.
Contrived Conflicts: The Supreme Court vs. The Basics of Intellectual Property Law, 30 William Mitchell Law Review 1717 (2004), F. Scott Kieff.
The Case for Registering Patents and the Law and Economics of Present Patent-Obtaining Rules, 45 Boston College Law Review 55 (2003), F. Scott Kieff.
Patents for Environmentalists, 9 Washington University Journal of Law & Policy 307 (2002), F. Scott Kieff (Invited symposium piece for National Association of Environmental Law Societies annual meeting, March 15-17, 2002 at Washington University School of Law).
Property Rights and Property Rules for Commercializing Inventions, 85 Minnesota Law Review 697 (2001), F. Scott Kieff.
Facilitating Scientific Research: Intellectual Property Rights and the Norms of Science - A Response to Rai & Eisenberg, 95 Northwesteren University Law Review 691 (2001), F. Scott Kieff.
Isolation of Mutants of S. Cerevisiae Requiring DNA Topoisomerase, 141 Genetics 465-479 (Oct., 1995), Ben Sadoff, Sharon Heath-Pagliuso, Irene Castano, Yingfan Zhu, F. Scott Kieff, and Michael F. Christman.
Perspectives on Financing Innovation (James E. Daily, F. Scott Kieff, & Arthur E. Wilmarth, Jr. eds., Routledge 2014).
Perspectives on Commercializing Innovation (F. Scott Kieff and Troy A. Paredes eds., Cambridge University Press 2011).
Principles of Patent Law (Foundation Press 5th ed. 2011), F. Scott Kieff, Pauline Newman, Herbert F. Schwartz, Henry Smith.
Perspectives on Corporate Governance (F. Scott Kieff and Troy A. Paredes, eds., Cambridge University Press 2010).
Reacting to the Spending Spree: Policy Changes We Can Afford (2009). A publication of the Hoover Institution's Task Force on Property Rights, Freedom, and Prosperity. Richard A. Epstein, Stephen Haber, F. Scott Kieff, Henry E. Smith, et al.
International, United States, and European Intellectual Property: Selected Source Material, (F. Scott Kieff and Ralph Nack eds., Aspen/Wolters Kluwer 2006).
Principles of Patent Law (Foundation Press 3rd ed. 2004, 2d ed. 2001, 1st ed. 1998), Donald S. Chisum, Craig A. Nard, Herbert F. Schwartz, U.S. Circuit Judge Pauline Newman, and F. Scott Kieff. 4th ed. forthcoming in 2008.
Perspectives on Properties of the Human Genome Project (F. Scott Kieff ed., Academic Press, an imprint of Elsevier 2003). F. Scott Kieff authored four chapters, including “Perusing Property Rights In DNA” and “How Ordinary Judges and Juries Decide the Seemingly Complex Technological Questions of Patentability over the Prior Art."
John Batchelor Show interview with F. Scott Kieff on the article Patently Bad Policy. The interview begins at 29:30.
John Batchelor Show interview with F. Scott Kieff on the article Why Business Isn't Getting 'in The Game.' The interview begins at 1:40.
NPR story on gene patents, featuring F. Scott Kieff. Aired November 4, 2010.
ABC News interview about intellectual property rights in sports moves with Pennie & Edmonds attorneys, Robert Kunstadt, F. Scott Kieff, and Robert G. Kramer.
CNBC Interview with F. Scott Kieff on sports patents.
Quanta: Patent Rights in the Supreme Court, a discussion between Richard A. Epstein, F. Scott Kieff, Fred von Lohmann, and Mark Lemley, moderated by Adam Mossoff. Produced by the Federalist Society's Intellectual Property Practice Group, September 30, 2009.
The FTC's Proposal for Regulating IP through SSOs Would Replace Private Coordination with Government Hold-Up, Submitted in Response to the FTC’s Request for Comments and Announcement of Workshop on Standard--Setting Issues, Project No. P111204, Aug. 5, 2011. Richard A. Epstein, F. Scott Kieff, and Daniel F. Spulber.
Why Business Isn't Getting 'In The Game', Investor's Business Daily Feb. 2, 2011, Stephen H. Haber and F. Scott Kieff.
The Importance of Finality in Patent Litigation, Opinion, The National Law Journal, December 6, 2010, F. Scott Kieff.
Comment on Intellectual Property, Concentration and the Limits of Antitrust in the Biotech Seed Industry, filed with the Department of Justice Antitrust Division on December 31, 2009, as "Comments Regarding Agriculture and Antitrust Enforcement Issues in Our 21st Century Economy" in response to the DOJ/USDA request for public comments for the agencies' joint workshops on antitrust issues in the agricultural sector. F. Scott Kieff, Geoffrey A. Manne, Michael E. Sykuta, Joshua D. Wright.
Brief of Dr. Ananda Chakrabarty as Amicus Curiae in Support of Petitoners in Bilski v. Doll, Supreme Court of the United States, No. 08-964 (Aug. 6, 2009). Richard A. Epstein and F. Scott Kieff.
Let the Markets Manage Search, Commentary, Forbes.com, July 30, 2009, F. Scott Kieff.
Congress—Let U.S. patent law 'marinate' before taking action, Opinion, Great Falls Tribune, March 31, 2009, F. Scott Kieff and Kevin Rivette.
Should the music stop for iTunes?, IP Law & Business, July 2008, at 27, F. Scott Kieff.
Brief of Various Law Professors as Amici Curiae in Support of the Respondents in Quanta v. LG, Supreme Court of the United States, No. 06-937 (Dec. 10, 2007). F. Scott Kieff, Troy A. Paredes, and R. Polk Wagner.
Perils of Patent Reform: Flexibility's Achilles Heel, 13 IP Litigator 11 (Sept./Oct. 2007). F. Scott Kieff.
Smart Pills, IP Law & Business, Oct. 2006, at 36, F. Scott Kieff. Alternative version published as The Importance of Patents, Op/Ed., National Law Journal, Aug. 14, 2006.
Patent Reform Legislation: No Final Cut for Examiners, National Law Journal, May 14, 2007, Stephen H. Haber, F. Scott Kieff, and Troy A. Paredes.
Flexible Patent Law … and Its Achilles Heel, Letter to the Editor, Wall Street Journal, May 11, 2007, at A9, Richard A. Epstein and F. Scott Kieff.
Microsoft’s European Experience Troubling for U.S. Companies, Opinion, San Jose Mercury News, March 15, 2007, at 12A, Stephen H. Haber, F. Scott Kieff, and Troy A. Paredes.
A Keiretsu Approach to Patents, Intellectual Asset Management, Feb./Mar. 2007, at 51, F. Scott Kieff.
Brief of Business & Law Professors as Amici Curiae in Support of the Respondents in KSR v. Teleflex, Supreme Court of the United States, No. 04-1350 (Oct. 16, 2006). F. Scott Kieff, Chris Catropia, Gregory Mandel, Mark Lemley, and R. Polk Wagner.
Testing Patent Protections, Op/ed, Washington Times, May 30, 2006, at A14. F. Scott Kieff and R. Polk Wagner.
Brief of Various Law & Economics Professors as Amici Curiae in Support of Respondent, eBay v. MercExchange, Supreme Court of the United States, No. 05-130 (Mar. 10, 2006). Richard Epstein, R. Polk Wagner, F. Scott Kieff, and David Teece.
Patent Law, Injunctions and the Public Interest, Letter to the Editor, Wall Street Journal, March 10, 2006, at A19. Richard E. Epstein, F. Scott Kieff, and R. Polk Wagner.
Public Choice, Patents, and the FTC: Comments on the Commission’s October 2003 Report on the Interface Between Patents and Antitrust, 5 Engage 84 (2004), F. Scott Kieff.
Intellectual Property and Parallel Importation—Should the U.S., Through IP Laws and Other Means, Protect Businesses from “Gray Goods” Imported Without Manufacturers’ Authorization?, panel discussion featuring F. Scott Kieff, hosted by the Federalist Society Intellectual Property Practice Group on November 10, 2011, during the 2011 National Lawyers Convention. Panel transcript from the Vanderbilt Journal of Entertainment & Technology Law.
Some Tangible and Troubling Characteristics of Heightened Patent Eligibility Standards, presented by F. Scott Kieff on January 4th, 2010 at the Sanford T. Colb & Co. Intellectual Property Law Conference on The Future of Subject Matter Eligibility After In re Bilski held at Bar-Ilan University.
Patent (Re)Think?, CLE Presentation given by F. Scott Kieff on September 22, 2009.
Targeting NPEs: Perverse Impacts on Innovation and Competition. Talk given January 30, 2009 by F. Scott Kieff at the Santa Clara Computer & High Technology Law Journal Symposium on Shifting Strategies in Patent Law. Presentation Slides. Question & Answer Video.
A Soup to Nuts Overview of a Job Search: A Common Sense Primer for Law Students, presented by F. Scott Kieff at the 2009 January Intersession at Washington University in St. Louis School of Law. Video. Presentation Slides.
Property rights in patent law. Presentation by F. Scott Kieff given at St. Louis University School of Law November, 2008.
Property Rights in Intellectual Property: Impacts on Innovation and Competition, presented by F. Scott Kieff on September 22nd, 2008 at the Meeting of the Gathering 1.0 in Palo Alto.
F. Scott Kieff, Presentation, "Protecting Software-Related Inventions in the United States: Evolution by the Courts" at AIPPI in Boston (Sept. 10, 2008)
New Institutional Economics and Recent Institutional Changes in Intellectual Property, presented July 25, 2008 at the University of Washington School of Law Center for Advanced Study and Research on Intellectual Property's High Technology Protection Summit.
Symposium on The New Ordering of Intellectual Property: The Emergence of Contracts as the Drivers of Intellectual Property Rights at the University of Maryland School of Law on 18 April 2008. Transcripts of panel presentation and discussions.
On the Importance of Property Rights in Intangibles like IP to Access, Competition, and Economic Development by F. Scott Kieff, presented to seminars Melbourne and Sydney and a conference in Singapore in Feb-Mar 2008.
Perils of Patent Reform: Flexibility’s Achilles Heel at PFF Aspen Summit in August 2007. F. Scott Kieff.
Presentation before the National Press Club by F. Scott Kieff given in Washington, D.C. on July 10, 2007. Part of a series on "Who Owns Your Genes?"
Engineering a Deal: A Private Ordering Solution to the Anticommons Problem (Spring 2006 version). F. Scott Kieff and Troy A. Paredes.
The Case for Preferring Patent Validity Litigation over Second Window Review and Gold Plate Patents, talk given at the University of Pennsylvania Law Review Foundations of Intellectual Property Reform Symposium, January 16, 2009. F. Scott Kieff.
FTC Panel on Economic Perspectives on IP and Technology Markets, part of the FTC Hearings on the Evolving IP Marketplace - The Operation of IP Markets, March 19, 2009, F. Scott Kieff. Video. Transcript.
United States Federal Trade Commission and Department of Justice Antitrust Division Joint Hearings on Competition and Intellectual Property (Apr. 10, 2002). Transcript. Invited testimony of F. Scott Kieff.
Comments Regarding Competition and Intellectual Property – Summary of Proposed Testimony, this submission was the basis for the invitation to present further oral testimony. F. Scott Kieff.