IP 2017 - 2018 Events

September 28, 2017 — 8th annual Supreme Court IP Review

8:00 AM - 6:00 PM, Auditorium

Chicago-Kent's annual Supreme Court IP Review (SCIPR) is designed to provide intellectual property practitioners, jurists, legal academics and law students with a review of IP cases from the U.S. Supreme Court's previous Term, a preview of cases on the docket for the upcoming Term, and a discussion of cert. petitions to watch. 

This year's SCIPR address, "May You Live In Interesting Times: Patent Law in the Supreme Court," will be delivered by former Solicitor General Seth Waxman, of WilmerHale, who has delivered 75 oral arguments before the Supreme Court. 

Other speakers include top Supreme Court advocates from the parties and amici curiae, plus leading academics from around the country. 

Sessions will include panels on patent cases, copyright and design patent cases, a trademark and First Amendment case, and Supreme Court analytics, plus a preview of the upcoming Term with a discussion of petitions granted and petitions to watch.

After the SCIPR reception, the band from the Tam case will hold a special acoustic performance. The concert is free.

For more information or to register, visit at www.kentlaw.iit.edu/scipr.

October 20, 2017 — The Power of PTAB: The New Authority in Patent Law

Early bird 50% discount for registration ends October 6, 2017 

This one-day conference examines the rise of the Patent Trial and Appeal Board, which is on pace in 2017 to set a record of deciding over 2,000 inter partes reviews (IPRs) initiated by parties challenging the validity of existing patents.

The public conference will convene leading patent academics, patent attorneys from law firms and corporations, and PTAB judges to examine many facets of the PTAB's expanded powers under the America Invents Act, including those related to PTAB procedures, claim construction and decisions. This conference is ideal for all patent attorneys.

The conference will also cover in depth the pending Supreme Court case Oil States Energy Services, LLC v. Greene’s Energy Group and the constitutional challenge to IPRs.

The Chicago-Kent Journal of Intellectual Property will be formally announced during the conference as the official publication for the PTAB Bar Association.

Approved general MCLE credit: 6.75 hours in Illinois and 6.5 hours in Pennsylvania

January 23, 2018 — Chicago IP Colloquium: "The Procedure of Patent Eligibility"
Professor Paul Gugliuzza, Boston University School of Law

4:00 PM - 6:00 PM, Room 305

At this event, Professor Gugliuzza will give a talk on his paper The Procedure of Patent Eligibility. Professor Gugliuzza’s areas of interest include civil procedure, federal courts, and intellectual property, with a focus on patent litigation. His most recent article, “Quick Decisions in Patent Cases,” (forthcoming in The Georgetown Law Journal) defends several recent and controversial changes in patent law, including the Supreme Court’s invigoration of the patent-eligible subject matter requirement, by highlighting how those changes reduce enforcement costs in the patent system. 

He has also studied and written articles on the U.S. Court of Appeals for the Federal Circuit. His latest article on the subject, “Can a Court Change the Law by Saying Nothing?,” written with Mark Lemley and forthcoming in the Vanderbilt Law Review, empirically analyzes the Federal Circuit’s recent opinions on the doctrine of patentable subject matter and argues that the court may be altering patent doctrine by writing precedential opinions far more frequently when it finds a patent valid than when it finds a patent invalid. 

Before joining BU Law, where he received the Dean’s Award in recognition of his teaching, Professor Gugliuzza practiced in the Issues and Appeals group at Jones Day in Washington, D.C. and was a visiting assistant professor at the University of Florida Levin College Of Law. He also clerked for Judge Ronald M. Gould on the U.S. Court of Appeals for the Ninth Circuit after attending law school. 

This event is free and open to the public. Please visit the Colloquium website for additional information regarding the speaker series. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law.

February 6, 2018 — Chicago IP Colloquium: “Trade Secret Privacy Expectations”
Professor Matthew Kugler, Northwestern University Pritzker School of Law

4:00 PM - 6:00 PM, Loyola University Chicago School of Law, 25 East Pearson (Corboy Law Center), Room 1403

Matthew Kugler will present his written work (coauthored with Thomas H. Rousse) Trade Secret Privacy Expectations at the upcoming Chicago Intellectual Property Colloquium. Professor Kugler is an assistant professor at Northwestern Pritzker School of Law, where he teaches courses on privacy law, intellectual property, and trade secrets. His research focuses on intellectual property, privacy, and criminal procedure. His past articles have included examinations of privacy policies and biometric information, privacy attitudes in the Fourth Amendment context, the materiality of sponsorship confusion in trademark law, and punishment attitudes in the United States, Canada, and Germany. 

Prior to joining Northwestern in 2016, Professor Kugler was a postdoctoral fellow and adjunct instructor at Lehigh University in Bethlehem and was awarded a JD with highest honors from the University of Chicago Law School. He also clerked for Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit. 

This event, which is free and open to the public, will be held at Loyola University Chicago School of Law, 25 East Pearson Street (Corboy Law Center), Room 1403. Please visit the Colloquium website for additional information regarding the speaker series. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law.

February 20, 2018 — Chicago IP Colloquium: “Law, Money, and Art”
Professor Lydia Loren, Lewis & Clark Law School

4:00 PM - 6:00 PM, Room 305

The upcoming presenter for the Chicago IP Colloquium is Professor Lydia Pallas Loren from Lewis & Clark Law School. Professor Loren will present her paper Law, Visual Art, and Money at this event.

Professor Loren teaches and writes in the fields of copyright, intellectual property, and internet law. She has written numerous law review articles that address a broad range of copyright issues, including, but not limited to, whether fair use should be treated as an affirmative defense, ways to curb copyright owner abuse of takedown notices, and how incentives should shape the scope of copyright protection. Both of her casebooks (Copyright in a Global Information Economy (4th Ed. Aspen 2015) (co-authored) and Intellectual Property Law: Cases and Materials (5th Ed. Semaphore Press 2017) (co-authored)) are widely adopted at law schools throughout the United States. 

Prior to joining Lewis & Clark Law School, Professor Loren clerked for the Honorable Ralph B. Guy Jr. of the U.S. Court of Appeals for the Sixth Circuit. She later joined the law firm of Bodman, Longley & Dahling, where her practice included copyright and trademark counseling, application, prosecution, licensing, and enforcement litigation. 

This event is free and open to the public. Please visit the IP Colloquium website for additional information regarding the speaker series. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law.

February 21, 2018 — Launch of Chicago-Kent Center for Design, Law & Technology (cΔ)

5:00 PM - 7:00 PM, 10th Floor, Morris Hall

Come celebrate the launch of Chicago-Kent's new Center for Design, Law & Technology with a public lecture by the center's co-founder Graeme Dinwoodie, the Global Professor of Intellectual Property Law at Chicago-Kent, who will speak on "The Future of Design Copyrights?" Mark McKenna, Notre Dame Professor of Law and Presidential Fellow, who is a research affiliate of the center, will offer a reply. Reception to follow.

5:00 PM: Public lecture by Prof. Graeme Dinwoodie and reply by Prof. Mark McKenna (Approved for 1 hour of general MCLE credit in Illinois and Pennsylvania)
6:00 PM: Reception

March 19, 2018 — "Intelligent Design" — IP talk featuring Professor Christopher Buccafusco, Cardozo School of Law & Professor Jonathan  Masur, University of Chicago Law School

12:00 PM - 1:00 PM, Room TBD

The upcoming IP talk will feature Professors Christopher Buccafusco of Cardozo School of Law and Jonathan Masur of University of Chicago Law School. They will present their forthcoming article (authored with Professor Mark Lemley of Stanford Law School) on “Intelligent Design.”

IP law has employed a series of doctrinal and costly screens to channel designs into the appropriate regime—copyright law, design patent law, or utility patent law. Unfortunately, those screens are no longer working. Designers are able to obtain powerful IP protection over the utilitarian aspects of their creations without demonstrating that they have made socially valuable contributions and without paying substantial fees that weed out weaker designs. This is bad for competition and bad for consumers. In this article, we integrate theories of doctrinal and costly screens, and we explore their roles in channeling IP rights. We demonstrate how these two types of screens can serve as complements in the efficient regulation of design protection, and we illustrate the inefficiencies that have arisen through their misapplication in copyright and design patent laws. Finally, we propose a variety of solutions that would move design protection towards a successful channeling regime, balancing the law’s needs for incentives and competition.

Professor Buccafusco is Director of the Intellectual Property & Information Law Program and Associate Dean for Faculty Development at Cardozo. His research applies social science methods to study legal problems, especially how the law affects creativity, innovation, and happiness. Prior to joining Cardozo, he taught at Chicago-Kent and won the SBA teaching award and the university-wide teaching award for his excellence in teaching, and also co-founded the Center for Empirical Study of Intellectual Property.

Professor Masur is director of the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance, and Economics at UChicago Law. His research and teaching interests include patent law, administrative law, behavioral law and economics, and criminal law. After law school, he clerked for Chief Judge Marilyn Hall Patel of the United States District Court for the Northern District of California and for Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit.

There is no charge to attend this event and a free pizza lunch will be provided. This event is co-sponsored by Chicago-Kent’s Intellectual Property Program and Center for Design, Law & Technology (cΔ).

March 20, 2018 — Chicago IP Colloquium: “A Spatial Critique of Intellectual Property Law and Policy” 
Professor Peter Yu, Texas A&M University School of Law

4:00 PM - 6:00 PM, Loyola University Chicago School of Law, 25 East Pearson (Corboy Law Center), Room 1403

The Chicago Intellectual Property Colloquium continues is speaker series with Professor Peter Yu of Texas A&M University School of Law. Professor Yu will present his law review article A Spatial Critique of Intellectual Property Law and Policy.

Peter K. Yu is Professor of Law, Professor of Communication, and Director of the Center for Law and Intellectual Property at Texas A&M University. He previously held the Kern Family Chair in Intellectual Property Law and was the founding director of the Intellectual Property Law Center at Drake University Law School. Professor Yu served as Wenlan Scholar Chair Professor at Zhongnan University of Economics and Law in Wuhan, China. He also founded the nationally renowned Intellectual Property & Communications Law Program at Michigan State University, at which he held faculty appointments in law, communication arts and sciences, and Asian studies.

Born and raised in Hong Kong, Professor Yu is a leading expert in international intellectual property and communications law. He also writes and lectures extensively on international trade, international and comparative law, and the transition of the legal systems in China and Hong Kong. A prolific scholar and an award-winning teacher, he is the author or editor of six books and more than 150 law review articles and book chapters. He has served as the general editor of The WIPO Journal, published by the World Intellectual Property Organization (WIPO), and is currently the Co-Director of Studies of the American Branch of the International Law Association.

This event is free and open to the public. It will be held at Loyola University Chicago School of Law, 25 East Pearson Street (Corboy Law Center), Room 1403. Please visit the IP Colloquium website for additional information regard the speaker series. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law.

March 22, 2018 — BookIT series talk featuring Orly Lobel, University of San Diego School of Law

12:00 PM - 1:00 PM, Room 270

The upcoming IP BookIT talk will feature You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side (W.W. Norton 2017) by Orly Lobel, the Don Weckstein Professor of Labor and Employment Law at the University of San Diego School of Law.

Professor Lobel is an award-winning author of several books and numerous articles. Her areas of expertise are Intellectual Property, Employment and Labor Law, Government Agencies, Employment Discrimination, Consumer Law, Administrative Law, and Public Interest/Public Law and Regulation. Prior to joining to USD School of Law, she clerked on the Israeli Supreme Court. She also taught at Yale Law School and served as a fellow at Harvard University Center for Ethics and the Professions, the Kennedy School of Government, and the Weatherhead Center for international Affairs.

Professor Lobel will discuss the epic legal battle between Mattel and MGA Entertainment involving their famous Barbie and Bratz dolls. In 1959, the Barbie doll was created and became an instant sensation. Mattel quickly monopolized the doll market and Barbie emerged as an international icon. Fast-forward to 1998 where a clothing designer, on leave from Mattel, created the Bratz dolls and later sold them to MGA Entertainment. Mattel, having met its biggest competition yet, sued MGA Entertainment claiming that any invention, whether created during the workday at Mattel or after hours, belonged to the company.

Please join us to take a look at a side of the toy industry that is often unseen. Professor Lobel will guide us through this thrilling toy story which puts the ideas back in the hands of the creators.

There is no charge to attend this event and a free pizza lunch will be provided. The IP BookIT is co-sponsored by Chicago-Kent’s Intellectual Property Program and Center for Design, Law & Technology (cΔ).

April 3, 2018 — Chicago IP Colloquium: “Trademark Failure to Function”
Professor Alexandra Roberts, University of New Hampshire School of Law

4:00 PM - 6:00 PM, Room 305

The upcoming Chicago IP Colloquium will feature Professor Alexandra Roberts from the University of New Hampshire School of Law. Professor Roberts will present her forthcoming law review article Trademark Failure to Function.

Professor Roberts is an Associate Professor who teaches and/or writes in the areas of trademarks and unfair competition, entertainment law, intellectual property, contracts, and law and literature. She holds an AB from Dartmouth College, an AM from Stanford University, and a JD from Yale Law School. She previously served as the Executive Director of the Franklin Pierce Center for Intellectual Property at UNH Law and as a Visiting Assistant Professor at Boston University School of Law. Prior to entering academia, she was an associate in the Intellectual Property Litigation Group at Ropes & Gray LLP. 

Professor Roberts serves on the Academic Committee of the International Trademark Association and co-leads the Professor Membership Subcommittee. She is a co-chair of the Junior Intellectual Property Scholars Association (JIPSA) and an affiliated fellow of the Yale Information Society Project (ISP).

This event is free and open to the public. Please visit the IP Colloquium website for additional information regarding the speaker series. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law.

April 11, 2018 — "Design Rights: Functionality and Scope of Protection" - BookIT series talk by Christopher V. Carani

12:00 PM - 1:00 PM, Room 580

Christopher V. Carani will give a talk on a new first-in-kind book, Design Rights: Functionality and Scope of Presentation. The book, published by Wolters Kluwer NV, is intended to help businesses better understand how to protect and enforce their designs against copycats and counterfeiters around the world.

There is no charge to attend this event; however, an RSVP is required. A pizza lunch will be served. The IP BookIT talk is co-sponsored by Chicago-Kent's Intellectual Property Program and Center for Design, Law & Technology (cΔ).

About the Editor-in-Chief
Christopher Carani is the editor-in-chief of the book, which addresses the issue of functionality in the context of design rights. Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid foundation of the law regarding the protection and enforcement of design rights, focuses on the ever-present, and always contentious, issue of functionality in the context of design rights. While there is considerable harmonization on the fundamental principle that design rights regard aesthetic appearance and not underlying technical function, courts and legislatures the world over have long struggled with determining whether to permit, and how to interpret the scope of, design rights directed at products whose appearance may, partially or completely, be the result of functional consideration. This detailed country-by-country analysis provides clarity, insight and guidance on the legal issues and practical implications of functionality in twenty-seven key jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, nonprofit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

Christopher V. Carani, Esq., is a partner at the Chicago-based IP law firm of McAndrews, Held & Malloy Ltd. He is widely recognized as a leading authority in the field of design law, having litigated, prosecuted, published and lectured in the field for nearly 20 years. Chris is the current chair of the AIPPI Committee on Designs, and past chair of both AIPLA and ABA Design Rights Committees. Chris was conferred his J.D. by the University of Chicago Law School and holds a B.S. degree in engineering from Marquette University. Prior to joining McAndrews, Chris served as a law clerk to the Honorable Rebecca R. Pallmeyer at the U.S. District Court for the Northern District of Illinois. Chris is an adjunct professor at Northwestern University School of Law and Chicago-Kent College of Law, where he is also a research affiliate of the Center for Design, Law & Technology.

April 17, 2018 — Chicago IP Colloquium: “Infrostructure”
Professor Kali Murray, Marquette University Law School

4:00 PM - 6:00 PM, Loyola University Chicago School of Law, 25 East Pearson (Corboy Law Center), Room 1403

The final Chicago IP Colloquium for the spring semester will feature Professor Kali Murray from Marquette University Law School. Professor Murray will present her written work Infrostructure.

Professor Kali Murray is an Associate Professor of Law at Marquette University Law School and a Co-Director of its Intellectual Property Program. Professor Murray's research agenda is focused on the "politics of participation" in a variety of different fields, including patent and property law. In patent law, Professor Murray is interested in how the doctrinal formation of patent law is impacted by different administrative, political, and social structures. Her work has therefore focused in on a range of issues including the impact of different administrative actors in patent law, the importance of the patent civil society's ability to participate in patent law, and the emergence of a heterogeneous policy environment in patent law, with a focus on the historical and political role of constitutional courts in shaping patent policy. Among her works, she has published a book, The Politics of Patent Law: Crafting the Participatory Patent Bargain, as a part of the Routledge Research Series in Intellectual Property Law in 2013.

Before coming to Marquette, Professor Murray joined the University of Mississippi School of Law, after engaging in private practice for four years with the law firm of Venable, LLP in Washington, D.C., as a patent litigator with a focus on pharmaceutical patent litigation. Professor Murray also served as a federal judicial clerk for the Honorable Catherine C. Blake of the United States District Court for the Northern District of Maryland in Baltimore, Maryland. Professor Murray holds a B.A., summa cum laude, from Johns Hopkins University, and M.A. in History from Johns Hopkins University, where her research focus, was on the formation of African-American political identity in the early national period. She received her J.D. from Duke University School of Law and was the Spring Symposium Editor for the Duke Environmental Law and Policy Forum.

This event is free and open to the public. It will be held at Loyola University Chicago School of Law, 25 East Pearson Street (Corboy Law Center), Room 1403. Please visit the IP Colloquium website for additional information regarding the speaker series. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law.