2020 SCIPR Speakers

Friday, September 25, 2020

United States Patent and Trademark Office v. Booking.com B.V

Sarah Harris, partner Williams & Connolly LLP, counsel to Booking.comSarah Harris is a partner at Williams & Connolly, where she is one of the leaders of the Firm’s Supreme Court and Appellate practice.  This Term, she is arguing Salinas v. U.S. Railroad Retirement Board.  Before joining the firm, Sarah served as a Deputy Assistant Attorney General in the Office of Legal Counsel at the United States Department of Justice.  She clerked on the U.S. Supreme Court for Justice Clarence Thomas, on the D.C. Circuit for Judge Laurence Silberman, and on the First Circuit for Judge Sandra Lynch.

Prof. Jake Linford, Loula Fuller and Dan Myers Professor, Florida State Univ. College of Law, part of Trademark and Internet Law Professors as Amici Curiae in Support of Respondent

Jake Linford is the Loula Fuller & Dan Myers Professor at Florida State University College of Law. He focuses his scholarship on Intellectual Property, Contract, and Privacy Law. He teaches Contracts, Copyright Law, Trademarks and Unfair Competition, and Information Privacy.
Professor Linford received his J.D. from the University of Chicago, where he was a member of The University of Chicago Law Review, graduated with high honors and was elected to the Order of the Coif. Prior to joining the Florida State law faculty, Professor Linford litigated copyright and trademark matters with the law firm of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, LLP, in Chicago and clerked for the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit.

Prof. Mark McKenna, John P. Murphy Foundation Professor of Law, Univ. of Notre Dame Law School, part of Trademark Scholars as Amici Curiae in Support of Neither Party Mark P. McKenna is the John P. Murphy Foundation Professor of Law at the Notre Dame Law School and the Director of the Notre Dame Technology Ethics Center. He teaches Trademarks and Unfair Competition Law, Patent Law, Copyright Law, Design Law, Intellectual Property Survey, Information Privacy Law, and Torts. Professor McKenna is widely recognized as a leading scholar in the trademark area, and he has also written extensively about design patent, copyright, the right of publicity, and the intersection of different intellectual property regimes. Professor McKenna joined the Notre Dame Law School faculty on a permanent basis in the Fall of 2008 after visiting for a semester in the Spring of 2008. He has also been a visiting professor at Stanford Law School, the University of Toronto Faculty of Law, the Munich Intellectual Property Law Center, and the Turin University-WIPO Master of Laws in Intellectual Property Program. Before entering the academy in 2003, Professor McKenna practiced with the intellectual property firm of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, where he litigated trademark and copyright cases and advised clients on a variety of intellectual property matters. He is a graduate of the University of Notre Dame and the University of Virginia School of Law.

Prof. Stacey Dogan, Boston Univ. School of Law, part of Trademark Scholars as Amici Curiae in Support of Neither Party Stacey Dogan is the Associate Dean for Academic Affairs, Professor, and Law Alumni Scholar at Boston University School of Law. Her research and teaching grapple with the challenges that digital and internet technologies have posed to trademark, copyright, and right of publicity law. She has been a leader in interdisciplinary initiatives at BU, serving as a founding faculty member of the new Faculty of Computing and Data Sciences, the founding chair of the oversight board of the BU/MIT Entrepreneurship, IP, and Cyberlaw Program, and a leader of BU's Cybersecurity, Law, and Society Alliance.

 

Georgia v. PublicResource.Org

Carl Malamud Carl Malamud is the President and Founder of Public.Resource.Org. The author of 9 books, Malamud was previously founder of the Internet Multicasting Service, a nonprofit that started the first radio station on the Internet and was responsible for making the SEC EDGAR database available.

 

 

 

Prof. Shyamkrishna Balganesh, Univ. of Pennsylvania Carey Law School, part of Amici Curiae of Prof. Shyamkrishna Balganesh and Professor Peter S. Menell in Support of RespondentShyamkrishna Balganesh is a Professor of Law at University of Pennsylvania Law School. His scholarship focuses on understanding how intellectual property and innovation policy can benefit from the use of ideas, concepts and structures from different areas of the common law, especially private law. He is currently working on a book that examines the evolution of American copyright law from a system of private law to one of public law, under the influence of the Legal Process school of jurisprudence. He filed an amicus brief in the Supreme Court case of Georgia v. Public.Resource.Org., Inc. on behalf of the respondent, based on a paper that he is working on tracing the normative foundations of the government edicts doctrine. Balganesh is also a coauthor on sections relating to the idea-expression dichotomy and the copyrightabilityof photographs in the leading copyright law treatise, Nimmer on Copyright.

Marta Belcher, attorney Ropes & Gray LLP, counsel to Center for Democracy and Technology and Cato Institute in Support of RespondentMarta Belcher is an intellectual property attorney at Ropes & Gray focusing on emerging technologies. She represents companies, industry associations, and civil liberties organizations in matters related to public policy, and has spoken about emerging technologies around the world, including in U.S. Congress, European Parliament, the New York Senate, and in Davos during the World Economic Forum. Marta has submitted amicus briefs in the U.S. Supreme Court, U.S. appellate courts, and district courts on behalf of public interest organizations such as the Electronic Frontier Foundation, the Center for Democracy & Technology, the Cato Institute, Public Knowledge, the National Consumers’ League, Project Gutenberg, and the Blockchain Association. Marta serves as special counsel to EFF, serves as outside general counsel for one of the largest cryptocurrency projects, has been recognized twice by the Financial Times Innovative Lawyers, and was recently named by Law360 as a Rising Star in Fintech.

 

 

Friday, October 2, 2020

Google v. Oracle preview

Copyrightability issue

Prof. Pamela Samuelson, Richard M. Sherman Distinguished Professor of Law, Berkeley Law School, part of 72 Intellectual Property Scholars as Amici Curiae in Support of PetitionePamela Samuelson is the Richard M. Sherman ’74 Distinguished Professor of Law at the University of California at Berkeley and a Co-Director of the Berkeley Center for Law & Technology. She has written and spoken extensively about the challenges that new information technologies pose for traditional legal regimes, especially for intellectual property law. She is co- founder and president of Authors Alliance. She is a member of the American Academy of Arts &Sciences, a Fellow of the Association for Computing Machinery (ACM), a Contributing Editor of Communications of the ACM, a past Fellow of the John D. & Catherine T. MacArthur Foundation, and an Honorary Professor of the University of Amsterdam. She is also Chair of the Board of Directors of the Electronic Frontier Foundation. She joined the Berkeley faculty in 1996 after serving as a professor at the University of Pittsburgh Law School. She has also visited at Columbia, Cornell, Fordham, Harvard, and NYU Law Schools.

Anne Cappella, partner Weil, Gotshal & Manges LLP, counsel to Professor Eugene H. Spafford et al. as Amici Curiae in Support of RespondentAnne M. Cappella is a partner in Weil’s Silicon Valley office, where she focuses on litigation involving complex technologies and patent counseling. Clients call on Ms. Cappella to oversee and lead the most technical aspects of patent litigations, including performing technical analysis of standards-essential patents; overseeing technical experts and interacting with company engineers; and managing post-grant strategy and proceedings. Ms. Cappella has extensive experience representing clients in high-stakes multi-patent and multi-district litigations, as well as trade secret actions. She litigates in federal courts and appears before the U.S. Patent Office’s Patent Trial and Appeal Board, and has particularly deep experience before the U.S. International Trade Commission. Ms. Cappella also has a uniquely diverse intellectual property counseling practice, which includes advising clients on pre-litigation patent strategies, technical aspects of patent licensing arrangements, patent acquisitions, and intellectual property due diligence for M&A transactions. She leverages her strong technical background, including a B.S. in electrical engineering with minors in computer science and mathematics and prior work experience as an engineer and consultant for IBM, to advise clients on a diverse range of technology.

 

Fair use issue

Prof. Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law School, part of Copyright Scholars as Amici Curiae in Support of the Petitioner Rebecca Tushnet is the inaugural Frank Stanton Professor of First Amendment Law at Harvard Law School.  Her work focuses on copyright, trademark, and advertising law.  Her blog, tushnet.blogspot.com, is one of the top intellectual property blogs, and her writings may be found at tushnet.com.  She is also an expert on the law of engagement rings.

 

 

Elizabeth Brannen is a Partner at Stris & Maher, where she leads the firm’s intellectual property litigation practiceElizabeth Brannen is a Partner at Stris & Maher, where she leads the firm’s intellectual property litigation practice. She has taken on a wide range of complex and high-profile matters in technology, patent, and copyright litigation, obtaining countless successes for clients at the trial and appellate levels, including the Supreme Court in the 2019 case Fourth Estate v. Wall-Street.com. Ms. Brannen is an expert in every stage of patent and other intellectual property litigation, having achieved district court and appellate victories for Cisco and Barnes & Noble, among others. She received her J.D. from Harvard Law School, with honors, and her B.A. from the University of Pennsylvania, magna cum laude.  

 

Judge v. jury issue 

Prof. Ned Snow, Ray Taylor Fair Professor of Law, part of Amici Curiae Civ Pro, IP & Legal History Professors in Support of PetitionerNed Snow teaches Intellectual Property, Copyright, Trademark, and Property. His scholarship focuses on constitutional issues in copyright and trademark law. Prior to joining the University of South Carolina faculty, Professor Snow was a professor at the University of Arkansas School of Law. He practiced law at Baker Botts LLP, and following law school, he clerked on the U.S. Court of Appeals for the Fifth Circuit. Professor Snow earned his law degree from Harvard Law School and his undergraduate degree from Brigham Young University.

 

William Jay, partner Goodwin Procter LLP, counsel to Amicus Curiae Synopsys, Inc. as Amicus Curiae Supporting Respondent William Jay is co-chair of the appellate practice at Goodwin Procter LLP and head of litigation in the firm’s Washington, D.C., office. A former assistant to the United States solicitor general (2007–12), Jay has argued 17 cases before the U.S. Supreme Court, including a number of significant intellectual-property cases spanning patent, copyright, and trademark law (Star Athletica, Teva v. Sandoz, B & Hardware, TC Heartland, Helsinn v. Teva).  Jay has filed briefs in more than 50 Supreme Court cases at the merits stage, including an amicus brief in Google v. Oracle (representing Synopsys), and more than 150 cases at the certiorari stage. Jay has also handled cases in the U.S. Court of Appeals for the Federal Circuit, every other U.S. court of appeals, and a number of state appellate courts. Jay clerked for Justice Antonin Scalia of the U.S. Supreme Court and for Judge Diarmuid O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit.  He graduated from Harvard Law School, where he was executive editor of the Harvard Law Review. 

Prof. Tomas Gomez-Arostegui, Kay Kitagawa & Andy Johnson-Laird IP Faculty Scholar, Lewis & Clark Law SchoolTomas Gomez-Arostegui is the Kay Kitagawa & Andy Johnson-Laird IP Faculty Scholar and a professor at Lewis & Clark Law School in Portland, OR. His scholarship interests lie primarily in the history of intellectual property before the year 1800, especially that of copyright and patent, and in the remedies awarded in intellectual property cases. In 2015, the American Society for Legal History awarded him the Sutherland Prize for the best article or book chapter on English legal history published in the prior year. Before entering private practice and teaching, he clerked for the late Judge Edward Rafeedie of the U.S. District Court for the Central District of California and for Judge John C. Porfilio of the U.S. Court of Appeals for the Tenth Circuit.