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Publications
Prior to coming to John Marshall in 2007, Richard Gruner was on the faculty at the Whittier Law School in Costa Mesa, California, where, beginning in 1983, he taught courses in patent law, computers and law, corporate law, and white collar crime. Before joining academia, Professor Gruner was an inside counsel to the IBM Corporation. He has also served as a consultant to the U.S. Sentencing Commission concerning corporate sentencing standards. In 2009 he received a PhD in criminology, law, and society from the University of California, Irvine.
Professor Gruner is the co-author of Intellectual Property in Business Organizations: Cases and Materials, a 2006 text that addresses the growing role of intellectual property in the founding, growth, and disposition of business enterprises, and Intellectual Property: Private Rights, the Public Interest, and the Regulation of Creative Activity, being published in 2007. His article on "Corporate Patents: Optimizing Organizational Responses to Innovation Opportunities and Invention Discoveries" was rated by the editors of Intellectual Property Law Review as "One of the Best Articles on Intellectual Property" published in 2005-2006.
Full Curriculum Vitae
Publications
Books
Intellectual Property: Private Rights, the Public Interest, and the Regulation of Creative Activity (with S. Ghosh, J. Kesan & R. Reis) (West/Thomson/Foundation Press 2007).
Intellectual Property in Business Organizations: Cases and Materials (with S. Ghosh & J. Kesan) (Lexis Nexis Publishing Co. 2006).
Corporate Criminal Liability and Prevention (2004).
L. Brown, R. Gruner, and A. Kandel, The Legal Audit (coauthor beginning with 1995 updates).
Articles
When Worlds Collide: Tax Planning Method Patents Meet Tax Practice Making Attorneys the Latest Patent Infringers, 2008 U. of Ill. J. Tech. & Pol'y 33 (2008).
Intellectual Property in the Four Chinas, 37 A.B.A. Int'l L. News 1 (Spring 2008).
Constructed and Enhanced Equities Under Ebay: Whose Right is it Anyway?, 2 Akron Intell. Prop. J. 107 (2008).
Tax Planning Patents and the Evolution of Tax Practice, U.S.C. Tax Institute Proceedings at p. 3-1 to 3-24 (2007).
In Search of the Undiscovered Country: The Challenge of Describing Patentable Subject Matter, 23 Santa Clara Computer & High Tech. L.J. 395 (2007).
Software Patents: The Evolution of the Useful Arts in II Intellectual Property and Information Wealth: Issues and Practices in the Digital Age (Peter K. Yu, ed.) (Greenwood Publishing Group 2007).
Preventive Fault and Corporate Criminal Liability: Transforming Corporate Organizations Into Private Policing Entities in International Handbook of White-Collar and Corporate Crime (Henry N. Pontell & Gilbert L. Geis eds.) (Springer Publishing 2007).
Corporate Patents: Optimizing Organizational Responses to Innovation Opportunities and Invention Discoveries, 10 Marq. Intell. Prop. L. Rev. 1 (2006).
Three Painful Lessons: Corporate Experience with Deferred Prosecution Agreements, Corporate Compliance Institute 2006 Program Materials 61 (PLI 2006).
Evaluating Compliance and Ethics Programs Under the New Federal Sentencing Guideline Standards, Advanced Corporate Compliance Workshop Program Materials 33 (PLI 2005).
Risk and Response: Organizational Due Care to Prevent Misconduct, 39 Wake Forest L. Rev. 613 (2004).
A Compendium of Compliance Program Standards: Statutory, Regulatory, Judicial, and Private Sources, Advanced Corporate Compliance Workshop Program Materials 133 (PLI 2004).
Everything Old is New Again: Obviousness Limitations on Patenting Computer Updates of Old Designs, 9 B.U. J. of Science and Tech. L. 209 (2003).
Refining Compliance Program Standards: New Compliance Targets and Methods, Advanced Corporate Compliance Workshop Program Materials 161 (PLI 2003).
Intangible Inventions: Patentable Subject Matter for an Information Age, 35 Loyola L.A. L. Rev. 355 (2002).
Developing Judicial Standards for Evaluating Compliance Programs: Insights from EEO Litigation, in Advanced Corporate Compliance Workshop Program Materials 155 (PLI 2002).
Better Living Through Software: Promoting Information Processing Advances Through Patent Incentives, 74 St. John's L. Rev. 977 (2000).
Avoiding Fines Through Offense Monitoring, Detection and Disclosure: The Race for Amnesty, in Advanced Corporate Compliance Workshop Program Materials 77 (PLI 2001).
How Compliance Programs Fail: Lessons from the Con Edison Probation Sentence, in Advanced Corporate Compliance Workshop Program Materials 171 (PLI 2000).
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