IP News — Fall 2019
Distinguished Professor Pamela Samuelson to Deliver the Charles E. Green Lecture in Law and Technology
Pamela Samuelson, the Richard M. Sherman distinguished professor of law and information at the University of California, Berkeley, will visit Chicago-Kent College of Law in March 2020 to participate in several IP-related events.
On March 24, Samuelson will deliver the annual Charles E. Green Lecture in Law and Technology. The endowed lecture addresses the impact of technology on society, legal relationships, and methods of law study and practice. The lectureship was endowed in 1977 by Mrs. Joseph Galvin, a longtime benefactor of both Illinois Institute of Technology and the law school. Charles E. Green (1894–1981) was a 1915 graduate of Chicago-Kent who founded the law firm of Green and Nystrom, and for many years served as secretary and general counsel for Motorola Inc.
During her visit, Samuelson will also take part in a debate with Mark Janis, the Robert A. Lucas chair and professor of law at Indiana University Maurer School of Law, on damage awards in design patent cases, in an event hosted by Chicago-Kent’s Center for Design, Law & Technology (c∆).
Samuelson is a pioneer in the legal academy for her scholarship identifying and analyzing challenges that new information technologies pose for traditional legal regimes, especially for intellectual property law. She has published extensively in the areas of copyright, software protection, and cyberlaw. As a testament to her foresight, her early work on the protectability of computer software and works created by artificial intelligence under copyright law have continued—and indeed, heightened—relevance today. She is co-founder and president of Authors Alliance, vice chair of the Board of Directors of the Electronic Frontier Foundation, a member of the American Academy of Arts & Sciences, a fellow of the Association for Computing Machinery, 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.
Chicago IP Colloquium Hosts Leading IP Scholars
Chicago-Kent College of Law and Loyola University Chicago School of Law jointly sponsor and host the Chicago Intellectual Property Colloquium. The colloquium promotes discussion of a range of issues in intellectual property. Each year, during the spring academic semester, Chicago-Kent and Loyola invite six nationally renowned intellectual property scholars to Chicago to present and discuss their current research projects before intellectual property faculty from Chicago-area law schools, prominent intellectual property practitioners, and selected students from Chicago-Kent and Loyola. The 2020 speakers are leading scholars who will present their works in progress:
- January 28 – Ruth Okediji, Jeremiah Smith, Jr. Professor of Law, Harvard Law School, Designing Remedies for Failure to Disclose Origin: Patent Revocation and Its Alternatives at the WIPO Intergovernmental Committee
- February 11 – Mark Lemley, William H. Neukom Professor of Law, Stanford Law School, Fair Learning
- February 25 – Blake Reid, Associate Clinical Professor, University of Colorado Law School, Copyright’s Role in Disability Law
- March 24 – Kristelia Garcia, Associate Professor of Law, University of Colorado Law School, Private Enforcement Forbearance
- April 7 – Mark McKenna, John P. Murphy Foundation Professor of Law, Notre Dame Law School, The Case Against Product Configuration Trade Dress
- April 21 – Rachel Sachs, Associate Professor of Law, Washington University School of Law, A New Public Interest Model of Innovation Policy
Chicago-Kent and Notre Dame Launch Design Law Scholars Roundtable
Professors Graeme Dinwoodie and Edward Lee, co-founders of the Center for Design, Law & Technology (c∆), are collaborating with Professor Mark McKenna of Notre Dame Law School, also a research affiliate of c∆, to co-sponsor a design roundtable for scholars from the United States and abroad, alternating between the two law schools each year. This year’s inaugural event is on November 15 and 16, 2019, at Notre Dame Law School.
International IP Roundtable
In April 2020, Chicago-Kent will host the ninth annual International IP Roundtable, with leading scholars presenting papers on topics related to international IP or comparative IP law. Graeme Dinwoodie, Global Professor of Intellectual Property Law at Chicago-Kent, and Professor Edward Lee are the organizers of the event, along with founding organizers Professors Irene Calboli of Texas A&M University School of Law and Jerome Reichman of Duke Law School.
The Honorable Donald Verrilli Jr. Headlined the 10th Annual Supreme Court IP Review
On September 20, 2019, Chicago-Kent College of Law hosted its 10th annual Supreme Court IP Review (SCIPR). The Honorable Donald B. Verrilli Jr., the 46th solicitor general of the United States and a partner at Munger, Tolles & Olson, delivered the 2019 Supreme Court IP Review address. In his address on “The Supreme Court and Copyright,” Verrilli identified the Supreme Court’s significant involvement in deciding patent cases in the past decade—cases that have important ramifications for patent law, the economy, and innovation. The Supreme Court has decided comparatively few fundamental copyright cases during the same time. Verrilli spoke in favor of the court deciding more cases involving the “essence of copyright,” and welcomed the court’s hearing of two important copyright cases Allen v. Cooper (on abrogation of state sovereign immunity) and Georgia v. Public.Resource.Org Inc. (copyrightability of annotations in the Official Code of Georgia Annotated) this term.
Without taking a view on whether the Court should take the case, Verrilli also discussed the pending certiorari petition in Google LLC v. Oracle American Inc. and said the stakes to innovation resembled some of the important patent cases the court decided.
Before serving as U.S. solicitor general, Verrilli served as deputy White House counsel, and as an associate deputy attorney general at the U.S. Department of Justice. As Solicitor General, he represented the United States before the Supreme Court in landmark victories, including his successful advocacy in defense of the Affordable Care Act, for marriage equality, and in favor of federal preemption authority in the immigration field. He also achieved important victories in two patent cases—Alice Corp. v. CLS Bank and Association for Molecular Pathology v. Myriad Genetics—and in one copyright case, Golan v. Holder, as well as in MGM Studios, Inc. v. Grokster when he worked in private practice.
To celebrate the tenth anniversary of SCIPR, the conference included a special panel, “Taking Stock of the Past 10 Years at SCOTUS.” The following professors were selected from abstracts submitted in response to a call for papers.
- Professor Joseph Miller, University of Georgia School of Law, Two Centuries of Trademark and Copyright: A Citation-Network-Analysis Approach
- Professor Guy Rub, The Ohio State University Moritz College of Law, The Limited Role of the Supreme Court in Steering Copyright Law: The Quantity-Quality Gap
- Professor Jessica Silbey, Northeastern University School of Law, Intellectual Property and Constitutional Equality
- Professor Alfred Yen, Boston College Law School, Choosing the Consequences of Tam and Brunetti
Their papers will be published in the spring as part of a conference symposium in the Chicago-Kent Journal of Intellectual Property.
Assistant Professor Greg Reilly Testifies at FTC Hearing
Assistant Professor Greg Reilly testified before the Federal Trade Commission in October 2018, as part of the Innovation and Intellectual Property Policy portion of the FTC’s Hearings on Competition and Consumer Protection in the 21st Century.
Reilly testified on a panel titled “Emerging Trends in Patent Quality,” where his testimony focused on the impact on patent quality of the Patent Trial and Appeal Board, patent claim construction, and the indefiniteness doctrine. His co-panelists included the commissioner of patents, the acting chief judge of PTAB, and the former USPTO chief economist.
Watch Reilly testify before the Federal Trade Commission.
AIPLA Design Rights Boot Camp
On August 5 and 6, 2019, Chicago-Kent hosted the American Intellectual Property Law Association (AIPLA) Design Rights Boot Camp. According to AIPLA, the boot camp was a two-day comprehensive CLE program designed for both new and experienced IP practitioners who wish to learn about protecting and enforcing designs in all areas of intellectual property, including design patents, copyright and trademark dress.
The boot camp’s two-track program included classes for both beginning practitioners and experienced practitioners interested in knowing more about the increasingly important area of design rights. The whole range of design rights practice were covered, from prosecution to enforcement. International topics were also included, including the Hague agreement, trade dress internationally, and copyright internationally.