Professor Elizabeth Winston, co-director of the Law and Technology Institute at Catholic Law, has an impressive lineup of scholarly works set to be published in the coming year. Her article Extraterritorial Patent Misuse, forthcoming in the Seton Hall Law Review, explores the issue of U.S. patentees filing lawsuits in foreign courts to sidestep domestic legal limitations. Winston argues that this behavior constitutes patent misuse and offers a two-factor framework for courts to address such cases. She also highlights that the damages limitation under 35 U.S.C. § 286 is a substantive boundary of the patent grant, rather than a procedural rule that foreign courts can ignore.

Another article, Claiming Mars, will appear in the Vanderbilt Journal of Entertainment and Technology Law. It examines the lack of intellectual property laws governing activities on Mars and proposes extending U.S. patent jurisdiction to U.S.-registered assets on the planet. This approach, based on the flag-state principle used for ships on international waters, would allow U.S. patent law to apply without violating the Outer Space Treaty. The article has been selected for presentation at the Seton Hall Law School Workshop on Cybersecurity on Earth and in Space.

In addition to these articles, Winston has contributed a chapter on the United States International Trade Commission to the Elgar Encyclopedia of Intellectual Property Law. This chapter provides insights into the Commission’s role in intellectual property disputes and its impact on international trade. She is also preparing a chapter on intellectual property law in outer space for the Oxford Research Handbook of Extraterritoriality and Intellectual Property Law, which will explore the challenges and opportunities of applying intellectual property frameworks beyond Earth.