Daniel R. Cahoy

Color portrait of Daniel R. Cahoy

Professor, Dean's Faculty Fellow in Business Law

Department Risk Management
Office Address 310 Business Building
Phone Number 814-865-6205
Email Address drc13@psu.edu

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Dan Cahoy specializes in the teaching and research of intellectual property law, as well as general business law concepts. He has published numerous articles in academic law journals on topics such as IP and alternative energy policy, business and human rights, FDA regulatory policy, reforming the U.S. patent system, the use of contracts to extend limited intellectual property rights, and the use of experimental economics to improve jury studies. Professor Cahoy served on the Editorial Board of the peer-reviewed American Business Law Journal from 2005-2010, including as the Editor-in-Chief, and is a Past President of the Academy of Legal Studies in Business.

Expertise

Professor Cahoy's current research concerns issues such as the intersection of intellectual property enforcement and human rights, patent ownership in alternative energy technologies, and mechanisms for increasing the relevance of patent landscapes. In general, he has an interest in pursuing projects related to the legal and regulatory rules that create economic incentives for desirable business behavior.Professor Cahoy is a patent attorney, licensed to practice before the United States Patent and Trademark Office, and is admitted to the New York State Bar and several federal courts, including the United States Court of Appeals for the Federal Circuit

Education

JD, University of New Hampshire, 1998

BA, Biology, The University of Iowa, 1991

Courses Taught

BLAW 499 – Foreign Studies (3)
Courses offered in foreign countries by individual or group instruction.

BLAW 424 – Real Estate Law (3)
Analyze contemporary law applicable to various types of ownership interests and rights, methods of transferring ownership, and use of real property. B LAW 424 B LAW (R M) 424 Real Estate Law (3) Analysis of contemporary law applicable to various types of ownership interests and rights, methods of transferring ownership, and use of real property. The objectives for this course are: (1) to provide students with an understanding of essential U.S. real estate property law, including the rights private property owners may obtain, how ownership and transfer are handled in view of present and future interests, constitutional issues that impact real estate ownership, and the legal aspects of modern real estate contractual transactions; (2) to teach students the ability to spot the legal issues arising from the above as future business leaders and (3) to introduce students to the legal reasoning process necessary to address and avoid the legal dilemmas presented by such issues. Instructional methods for the course will include detailed lectures and classroom discussion of readings and other materials. Student progress and mastery of the material will be evaluated through periodic examinations.

RM 424 – Real Estate Law (3)
Analyze contemporary law applicable to various types of ownership interests and rights, methods of transferring ownership, and use of real property. B LAW 424 B LAW (R M) 424 Real Estate Law (3) Analysis of contemporary law applicable to various types of ownership interests and rights, methods of transferring ownership, and use of real property. The objectives for this course are: (1) to provide students with an understanding of essential U.S. real estate property law, including the rights private property owners may obtain, how ownership and transfer are handled in view of present and future interests, constitutional issues that impact real estate ownership, and the legal aspects of modern real estate contractual transactions; (2) to teach students the ability to spot the legal issues arising from the above as future business leaders and (3) to introduce students to the legal reasoning process necessary to address and avoid the legal dilemmas presented by such issues. Instructional methods for the course will include detailed lectures and classroom discussion of readings and other materials. Student progress and mastery of the material will be evaluated through periodic examinations.

BLAW 494H – Research Project (Variable)
Supervised student activities on research projects identified on an individual or small-group basis.

BLAW 341 – Business Law I (3)
An introduction to the business environment emphasizing business contracts, liability issues arising from business relations, including those in the internet realm and intellectual property issues. Alternative dispute resolution and global perspectives will be integrated throughout. B LAW 341 Business Law I: Introduction to Contracts, Liability Issues, and Intellectual Property (3) Business decisions have legal consequences. Such decisions can represent both legal risks and opportunities. It is important for one entering business to have a fundamental understanding of the governing legal principles. This course will provide an introduction to the U.S. legal system, coverage of the major components of contract law, and an examination of business liability issues under tort law. In addition, the intellectual property issues of trade secrets, trademarks, patents, and copyrights will be covered. The impact of digital technology and business globalization will be integrated into each topic discussed. The course will be taught in a lecture-discussion format to encourage interaction and exploration of difficult issues. The course text and materials will include key business legal cases.

BLAW 445 – Adv Intel Prop (3)
Copyrights, trademarks, patents, and trade secrets followed by related topics in the regulation of competition. B LAW 445 Intellectual Property & Competition Law (3) The objectives for this course are to (1) provide students with an understanding of U.S. and international law that supports the creation of beneficial information via intellectual property rights, allows government to regulate information property through antitrust and privacy statutes, and promotes business development by encouraging competitive uses of information; (2) teach students the ability to spot the legal issues arising from the above as future business leaders and (3) introduce students to the legal reasoning process necessary to address and avoid the legal dilemmas presented by such issues. Instructional methods for the course will include detailed lectures and classroom discussion of readings and other materials. The course builds on the introductory business law curriculum by providing an advanced and detailed study of specific areas of law that are highly valuable to modern, technology-driven businesses.

BLAW 525 – Buslaw Innov and Com (2)
Nature of intellectual property rights, as well as process for obtaining and enforcing them. B LAW 525 Business Law for Innovation & Competition (2)Primary areas of focus include intellectual property ("IP") law (patents, trademarks, copyrights and trade secrets) and antitrust law, as well as basic principles of U.S. law and the legal rules for related industry practices such as licensing. Students will also learn the legal rules designed to encourage competition (and punish anticompetitive behavior). Finally, the course will help students to better appreciate when professional legal counsel is necessary, and how to manage those interactions more cost effectively. Although the course will impart advanced legal concepts, prior coursework in business law is not required.

B LAW 596 – Individual Studies (Variable)
Creative projects, including nonthesis research, which are supervised on an individual basis and which fall outside the scope of formal courses.

B LAW 499 – Foreign Studies (Variable)
Courses offered in foreign countries by individual or group instruction.

B LAW 341 – Business Law I: Introduction to Contracts, Liability Issues, and Intellectual Property (3)
An introduction to the business environment emphasizing business contracts, liability issues arising from business relations, including those in the internet realm and intellectual property issues. Alternative dispute resolution and global perspectives wi

B LAW 399 – Foreign Studies (Variable)
Courses offered in foreign countries by individual or group instruction.

B A 536 – Global Immersion (variable)
Exploration of the opportunities and the challenges of doing business in another economic region.

B LAW 525 – Business Law for Innovation and Competition (2)
Nature of intellectual property rights, as well as process for obtaining and enforcing them.

B A 596 – Individual Studies (variable)
Creative projects, including nonthesis research, which are supervised on an individual basis and which fall outside the scope of formal courses.

B LAW 346 – Agency, Employment & Business Structure (3)
An examination of the laws governing agency relationships, employment, and the various structures of commercial enterprises.

B LAW 494H – Research Project (variable)
Supervised student activities on research projects identified on an individual or small-group basis.

B LAW 445 – Advanced Intellectual Property and Competition Law (3)
Rights and responsibilities of business under the American constitutional system; illegal combinations and restraints of trade.

B LAW 597B – Business Law for Innovation and Competition (2)
Special topics course.

B A 241 – Legal Environment of Business (2)
Examines the legal system's role and impact regarding business transactions, liability issues, and ownership of intellectual property. Students earning credit for B A 241 may not earn credit toward Smeal College baccalaureate degree for B Law 243 and/or B

B LAW 496 – Independent Studies (variable)
Creative projects, including research and design, which are supervised on an individual basis and which fall outside the scope of formal courses.

Selected Publications

Cahoy D. R., Oswald L. J., "Complexity and Idiosyncrasy at the Federal Circuit." Columbia Science and Technology Law Review, 2018.
Pagnattaro M. A., Cahoy D. R., Magid J. M., Shedd P. J., "The Legal and Regulatory Environment of Business." (McGraw-Hill), 2018.
Cahoy D. R., Lei Z., Meng Y., Blumsack S. A., "Global Patent Chokepoints." Stanford Technology Law Journal, vol. 20, no. 1, 2017, pp. 213-247.
Hayter C. S., Cahoy D. R., "Toward a Strategic View of University Social Responsibilities: A Dynamic Capabilities Approach." Strategic Organization, 2016.
Cahoy D. R., Oswald L. J., "What do Cheerleader Uniforms and Smartphones Have in Common?." The Conversation, 2016, theconversation.com/what-do-cheerleader-uniforms-and-smartphones-have-in-common-67500.
Cahoy D. R., Kwasnica A. M., Lopez L., "The Role of Auctions in University Intellectual Property Transactions." Duquesne Law Review, vol. 54, no. 1, 2016, pp. 53-80, Invited.
Cahoy D. R., Oswald L., "Are Trade Secrets a Weak Link in Your Supply Chain." Inside Supply Chain Management, 2016, Invited.
Cahoy D. R., "Profiting From a Cure." Ask the Ethicist, 2016, Invited.
Kleit A. N., Cahoy D. R., "Contingent Efficiency in Natural Gas Leases." Texas Journal of Oil, Gas and Energey Law, vol. 11, 2016.
Cahoy D. R., "Toward a Fair Social Use Framework for University Intellectual Property." Journal of College and University Law, vol. 41, 2015.
Bird R. C., Cahoy D. R., "Human Rights, Technology and Food: Coordinating Acccess adn Innovation for 2050 and Beyond." American Business Law Journal, vol. 52, 2015.
Pagnattaro M. A., Cahoy D. R., Magid J. M., Reed O. L., Shedd P. J., "The Legal and Regulatory Environment of Business." (McGraw-Hill), 2015.
Cahoy D. R., Colburn J. E., "Law and the Transition to Business Sustainability." (Springer), 2014.
Bird R. C., Cahoy D. R., Prenkert J. D., "Law, Business and Human Rights: Bridging the Gap." (Edward Elgar), 2014.
Cahoy D. R., "Feeding the World Beyond 2050: A Coordinated Approach to Preserving Agricultural Innovation and the Human Right to Food." (Edward Elgar), 2014.
Bird R. C., Cahoy D. R., Dhooge L. J., "Corporate Voluntarism and Liability for Human Rights in a Post-Kiobel World." Kentucky Law Journal, vol. 102, no. 3, 2014, pp. 601-651.
Cahoy D. R., Green S., Gabel J., Prenkert J., Bird R., "The American Business Law Journal at Fifty: Past, Present and Future." American Business Law Journal, vol. 50, no. 1, 2013, pp. 159-200, Invited
Transcript of Panel Discussion.
Cahoy D. R., Gehman J., Lei Z., "Fracking Patents: The Emergence of Patents as Information Containment Tools in Shale Drilling." Michigan Telecommunications and Technology Law Review, 2013.
Bubela T., Gold E., Graff G. D., Cahoy D. R., Nicol D., Castle D., "Patent Landscaping for Life Sciences Innovation: Toward Consistent and Transparent Practices." Nature Biotechnology, vol. 31, no. 3, 2013, pp. 202-206.
Cahoy D. R., Oswald L., "The Changing Face of American Patent Law and Its Impact on Business." (Edward Elgar), 2013.
Cahoy D. R., Gehman J., Lei Z., "The Transformation of Patents into Information Containment Tools." The Changing Face of American Patent Law and Its Impact on Business, (Edward Elgar), 2013.
Cahoy D. R., "Inverse Enclosure: Abdicating the Green Technology Landscape." American Business Law Journal, vol. 49, no. 4, 2012, pp. 805-857.
Cahoy D. R., Reed L. O., Pagnattaro M. A., Shedd P. J., Morehead J., The Legal and Regulatory Environment of Business, (McGraw-Hill), 2012.
Cahoy D. R., "Breaking Patents." Michigan Journal of International Law, vol. 32, no. 3, 2011, pp. 461-509.
Bouchard R. A., Cahoy D. R., Domeij B., Dutfield G., Faunce T., Hollis A., Jones P., Ali Khader F., Lexchin J., Nam H., Serrano J. L., "Structure-Function Analysis of Global Pharmaceutical Linkage Regulations." Minnesota Journal of Law, Science & Technology, vol. 12, no. 2, 2011, pp. 391-457.
Cahoy D. R., "Editors Corner: Assembling a Special Issue on Law as a Source of Strategic Advantage." American Business Law Journal, vol. 47, no. 4, 2010, pp. v-viii.
Cahoy D. R., "Editors Corner: Considerations in the rise of empirical legal research." American Business Law Journal, vol. 47, no. 3, 2010, pp. v-ix.
Glenna L. L., Cahoy D. R., "Agribusiness Concentration, Intellectual Property, and the Prospects for Rural Economic Benefits from the Emerging Biofuel Economy." Southern Rural Sociology, vol. 24, no. 2, 2009.
Cahoy D. R., Glenna L. L., "Private Ordering and Public Energy Innovation Policy." Florida State University Law Review, vol. 36, no. 3, 2009, pp. 416-458.
Cahoy D. R., Bird R. C., "The vulnerability of middle developed countries to changes in foreign direct investment arising from intellectual property appropriation." International Protection of Intellectual Property Rights, (Edward Elgar), 2008.
Cahoy D. R., "Addressing the North-South Divide in Pharmaceutical Counterfeiting." Wake Forest Intellectual Property Law Journal, vol. 8, no. 3, 2008, pp. 407-432.
Cahoy D. R., Bird R. C., "The Impact of compulsory licensing on foreign direct investment: A collective bargaining approach." American Business Law Journal, vol. 45, no. 2, 2008, pp. 283-330.
Cahoy D. R., "Confronting myths and myopia on the road from Doha." Georgia Law Review, vol. 42, no. 1, 2007.
Cahoy D. R., Bird R. C., "The Emerging BRIC Economies: Lessons from Intellectual Property Negotiation and Enforcement." Northwestern Journal of Technology and Intellectual Property, vol. 5, no. 3, 2007, pp. 400-425.
Cahoy D. R., Ding M., "Method of Reducing Hypothetical Bias in Jury Studies." US 2006/0036464 A1, 2006.
Cahoy D. R., "An Incrementalist Approach to Patent Reform Policy." New York University Journal of Legislation and Public Policy, vol. 9, no. 2, 2006, pp. 587-661.
Cahoy D. R., "Medical Product Information Incentives and the Transparency Paradox." Indiana Law Journal, vol. 82, no. 2, 2006, pp. 623-671.
Cahoy D. R., Ding M., "The Stakes Matter: Empirical Evidence of Hypothetical Bias in Case Evalation and the Curative Power of Economic Incentives." St. John's Law Review, vol. 80, no. 4, 2006, pp. 1275-1305.
Cahoy D. R., "Patent Fences and Constitutional Fence Posts: Property Barriers to Pharmaceutical Importation." Fordham Intellectual Property, Media & Entertainment Law Journal, vol. 15, no. 3, 2005, pp. 623-708.
Cahoy D. R., Ding M., "Using Experimental Economics to Peek into the “Black Box” of Jury Behavior: A Proposal for Jury Research Reform." Southern California Interdisciplinary Law Journal, vol. 14, no. 1, 2004, pp. 33-66.
Cahoy D. R., "Changing the Rules in the Middle of the Game: How the Prospective Application of Judicial Determinations Related to Intellectual Property can Promote Economic Efficiency." American Business Law Journal, vol. 41, no. 1, 2003, pp. 1-66.
Cahoy D. R., "Efficient Breach as a Relief to the Burden of Contractual Recapture of Patent and Copyright Limitations." Harvard Journal of Law and Technology, vol. 17, no. 1, 2003, pp. 135-178, jolt.law.harvard.edu/articles/pdf/v17/17HarvJLTech135.pdf.
Cahoy D. R., "Treating the Legal Side Effects of Cipro®: A Reevaluation of Compensation Rules for Government Takings of Patent Rights." American Business Law Journal, vol. 40, no. 1, 2002, pp. 125-175.
Cahoy D. R., "Comment, New Legislation Regarding On-Line Service Provider Liability for Copyright Infringement: A Solution in Search of a Problem?." IDEA: The Journal of Law and Technology, vol. 38, no. 2, 1998, pp. 335-360.

Research Impact and Media Mentions

"Toxic Tort Claims Over Fracking Create IP Discovery Risk", Law360, Web
"Questions raised about whether compulsory licenses get best prices", Nature Medicine, Journal or Magazine
"Will Patents Hamper Testing of the Environmental Impact of Fracking", Green Patent Blog, Blog
"Political, business worlds await Corbett’s Pa. Supreme Court pick", Central Pennsylvania Business Journal, Journal or Magazine
"Impact of Patents on Shale Gas Extraction", Energy Wire, Newspaper
"Intervenors' Response to Petition for Rehearing En Banc", Party Brief
"Brief of Health Law, Policy, and Ethics Scholars as Amici Curiae in Support of Respondents", Party Brief
"Lufthansa Systems Infratech GmbH's Reply Brief in Support of Its Motion for Summary Judgment", Party Brief
"Explanation of Patent Liability", Allentown Morning Call, Newspaper
"Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Partial Summary Judgment", Party Brief
"Petition For A Writ of Certiorari", Party Brief
"A Bridge Too Far", Envisage Magazine, Journal or Magazine
"Judicial Citation", Court Opinion
"Study Urges Drug Patent Licensing Revision", United Press International, Newspaper
"Discussion of Related to Pharmaceutical Importation", Pharmaceutical Patent Law, Research Book
"Brief for the National Legislative Association on Prescription Drug Prices et al.", Party Brief
"Bloomberg on the Money", Bloomberg Radio News, Radio
"Trials Begin over Wyeth Menopause Drug", Los Angeles Times, Newspaper
"Licensing & Collaborations for Tamiflu Patent", Genetic Engineering News, Journal or Magazine
"Wyeth Vows to Fight All Menopause Drug Suits", International Herald Tribune, Newspaper
"Pennsylvania Researchers Say The Importation Of Low-Cost Drugs From Canada Is Far More Difficult Than Many Realize", United Press International, Newspaper
"Plaintiff's Non-Confidential Post Trial Brief", Party Brief
"Justice (c) (TM)", Phenomena, Journal or Magazine
"States May Face Liability for Importing Drugs", Patently-O, Web
"Pennsylvania Inside Out", WPSU Television, Television
"Brief of Amici Curiae BMG Music et al.", Party Brief
"Fast Food and Fat Lawsuits", WTAJ-TV, Television

Editorships

American Business Law Journal, Editorial Board, August 2010 - August 2011
Advisory Editor-in-Chief of premier, peer-reviewed business law academic journal
American Business Law Journal, Editor, August 2009 - August 2010
Editor-in-Chief of premier, peer-reviewed business law academic journal
American Business Law Journal, Associate Editor, August 2005 - August 2009
Articles Editor and Managing Editor of premier, peer-reviewed business law academic journal