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Thinking Ahead: Envisioning IP Surveys in the Year 2050

Jacob Jacoby

©2016. Published in Landslide, Vol. 8, No. 5, May/June 2016, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

With the Babylonians being the first society to have taken a population census (circa 3800 B.C.), the history of surveys is almost as long as recorded human history. So the opportunity to consider the future of surveys, even if only in the circumscribed domain of intellectual property (IP) law, is an interesting exercise. The conjectures below consider litigation survey instruments as well as their points of contact, namely, those who plan and design them, the respondents who complete them, the attorneys who commission them, and the courts that serve as their gatekeepers.

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