Timothy R. Holbrook
Associate Dean of Faculty, Professor of Law
Areas of Expertise
Intellectual Property, International Patent Law, Patent Litigation, Patent Law, Property Law, Trademark Law and Policy
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 US patent law, and the function of patent disclosures. His work has been cited in briefs before the US Supreme Court, the US Court of Appeals for the Federal Circuit (the court that hears all appeals in the US arising under the patent laws), and various district courts. The Federal Circuit and district courts have cited his work favorably, and he has authored or co-authored numerous briefs before the Supreme Court and the Federal Circuit. He is also an elected member of the American Law Institute (ALI). Professor Holbrook has also been an advocate for the rights of the lesbian, gay, bisexual, and transgender (LGBT) community.
Professor 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 US 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, DC, 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 US 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) and 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. Upon arriving in Atlanta, he helped found 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 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 www.athletesbrief.com »
Education: JD, Yale Law School; BS, Chemical Engineering, North Carolina State University (summa cum laude)
Patent Litigation and Strategy (4th ed., West 2014) (with Kimberly A. Moore and John F. Murphy.
"The Risks of Early Commercialization of an Invention: the On-Sale Bar to Patentability," in Intellectual Property and Information Wealth (Yu, P., ed., 2007).
"Digital Patent Infringement in an Era of 3D Printing," 48 UC Davis Law Review (forthcoming 2015) (with Lucas Osborn).
“Is the Supreme Court Poised to Assess the Extraterritorial Scope of US Patent Law?” 36 European Intellectual Property Review 212 (2014).
"Patent Law’s Audience," 97 Minnesota Law Review (2012) (with Mark D. Janis).
"Territoriality and Tangibility after Transocean," 61 Emory Law Review (2012).
"Patents, Presumptions, and Public Notice," 86 Indiana Law Review 779 (2011).
"Equivalency and Patent Law’s Possession Paradox," 23 Harvard Journal of Law and Technology 1 (2009).
"Extraterritoriality in U.S. Patent Law," 49 William and Mary Law Review 2119 (2008).
Invited Works, Symposia, And Other Contributions
"Patent-Eligible Processes: An Audience Perspective," 17 Vanderbilt Journal of Entertainment and Technology Law (forthcoming 2014) (with Mark. D. Janis).
"The Written Description Gap," 45 Loyola University of Chicago Law Review 345 (2013) (symposium).
"Explaining the Supreme Court’s Interest in Intellectual Property," 3 IP Theory 32 (2013) (symposium).
"The Potential Extraterritorial Consequences of Akamai," 26 Emory International Law Review 499 (2012) (invited essay).
"Should Foreign Patent Law Matter?," 34 Campbell Law Review 581 (2012) (symposium).
Opinion and Essay
- "Indiana Uses Religious Freedom Against Gays," CNN.
- "The Tech Court: Federal Appeals Court at Center of Epic Patent Battles," San Jose Mercury News (January 4, 2015).
- "What same-sex marriage has to do with gun control," CNN Opinion, November 12, 2014.
- "A surprising non-decision,"Atlanta Journal-Constitution, October 10, 2014.
- "Marriage is not like abortion," CNN Opinion, September 23, 2014.
- "Sexual orientation doesn't need to be cured," CNN Opinion, July 15, 2014.
- “No basis for marriage ban,” Atlanta Journal-Constitution, May 9, 2014.
- "Is The Supreme Court About To Rule That Software Is Ineligible For Patent Protection?," Forbes.com.
- "Not All Patent Trolls Are Demons," CNN Opinion.
- "Why Being a Gay Christian Isn't an Oxymoron," TPM/Talking Points Memo.
- "Where Are the Gay Federal Appellate Judges?" The Huffington Post online.
- "Forget Invisibility: Visibility Is the New Superpower," The Huffington Post Gay Voices blog.