Emily Michiko Morris
Associate Professor of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall,
530 W. New York Street
Indianapolis, IN 46202-3225
Phone: (317) 274-4884
A.B. (magna cum laude), 1992, Harvard University
J.D. (magna cum laude), 2002, University of Michigan Law School
patent law, copyright law, intellectual property law
Emily Michiko Morris came to IU during the summer of 2008. She teachs patent law, copyright law, and intellectual property survey courses. Before joining the Indiana University faculty, Professor Morris was a visiting associate professor at Chicago-Kent College of Law, where she taught both Patent Law and Patent Litigation. She earned her A.B. (magna cum laude) from Harvard University and her J.D. from the University of Michigan Law School (magna cum laude), where she was an articles editor on the Michigan Law Review . After law school, Professor Morris clerked for the Honorable Bruce M. Selya on the U.S. Court of Appeals for the First Circuit, and then worked for three years as an associate in the Issues & Appeals section of the Washington, DC office of Jones Day. She also served as an adjunct assistant professor and Humphrey Fellow in Law and Economic Policy at the John M. Olin Center for Law and Economics, University of Michigan Law School.
Professor Morris’s research and teaching interests include patent law, health law and bioethics, Japanese law, and law and economic analysis. Her current work focuses on economic analysis of various patent law issues, including the effects of patent claim construction and scope on incentives and innovation. She is the co-author with Mark D. West of “ The Tragedy of the Condominiums: Legal Responses to Collective Action Problems after the Kobe Earthquake,” 51 Am. J. Comp. L . 903 (2003), which received the Hessel Yntema Prize from the American Society of Comparative Law.
Law Review and Journal Articles
- Emily Michiko Morris, Res or Regulation? Patents and the (Uncertain) Rules of the Game, 18 MICH. TELECOMM. & TECHN. L. REV. 481 (2012).
- Emily Michiko Morris, The Myth of Generic Competition Under the Hatch-Waxman Act, 22 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 245 (2012).
- “Artifice and Action in Patentable Subject Matter: A ‘Common Sense’ Approach?,” to be presented at the Works-in-Progress in Intellectual Property Colloquium, University of Houston Law Center, Houston, Texas, February 9-10, 2012.
- “Stanford v. Roche: Practical and Policy Implications,” presented at Intellectual Property at the U.S. Supreme Court: 2011 Indianapolis Bar Association CLE, August 30, 2011.
- “An Interdisciplinary Approach to the Informed Consent Doctrine,” presented at the American Society of Law, Medicine & Ethics’ 34th Annual Health Law Professors Conference, co-sponsored by Loyola University of Chicago School of Law, Chicago, Illinois, June 9-10, 2011.
- “The Myth of Generic Competition Under the Hatch-Waxman Act,” presented at the Second Asia-Pacific Innovation Conference, National University of Singapore, Singapore, May 3-4, 2011.
- “A Patent Policy Resolution to Hatch-Waxman Gaming” (with Prof. Max Huffman, Indiana University School of Law – Indianapolis), presented at Confronting Change in a New Healthcare Economy: Patents, Antitrust and the Workplace, Indiana University School of Law – Indianapolis Annual CLE, October 12, 2010.
- “In re Bilski, Proxies, and the Role of Subject Matter Thresholds in the Patent System,” presented at The Future of Subject Matter Eligibility After In re Bilski, The Sanford T. Colb & Co. Intellectual Property Law Conference, Co-sponsored by the Bar-Ilan University Faculty of Law, the Jerusalem College of Technology, and Fish & Richardson, Ramat Gan, Israel, January 3-4, 2010.
- “Possible Intellectual Property Law Issues in Nanotechnology,” Interdisciplinary Approaches to Medical Nanotechnology: Defining the Issues, Indiana University School of Law – Indianapolis, April 15, 2009.
- “The Future of Patent Reform,” Protecting the Idea: Patents and Other Intellectual Property Issues, CLE program, Indiana University School of Law – Indianapolis, October 14, 2008.
- “What We Know (and Do Not Know) About IP & Entrepreneurship,” presented at the Symposium on Intellectual Property and Entrepreneurship, Co-sponsored by the Berkeley Center for Law and Technology (BCLT) and the Berkeley Technology Law Journal, Berkeley, California, March 7-8, 2008.
- “Uncertainty and Inaccuracy in Interpreting the Law: A Model in Patent Claim Construction” (draft paper), presented at the Works in Progress in Intellectual Property Colloquium 2007, American University Washington College of Law, Washington, D.C., September 28-29, 2007.