IP News — Fall 2020
Chicago-Kent Global Professor Graeme Dinwoodie Inducted into IP Hall of Fame
Chicago-Kent College of Law Global Professor of Intellectual Property Law Graeme Dinwoodie has been named as a 2020 inductee into the IP Hall of Fame. The IP Hall of Fame honors outstanding individuals who have made a game-changing, positive impact on the global IP landscape.
“I am honored to have been selected as an inductee to the IP Hall of Fame and delighted to join such an eminent group of prior recipients. They include luminaries who have shaped our field and whose work has informed my research,” Dinwoodie says. “I have been privileged to teach intellectual property law to so many wonderful students. My students have been a constant source of inspiration and have prompted me to think harder about the subject of intellectual property law. I am grateful to all my colleagues and students for enabling me to earn this accolade.”
Chicago-Kent Associate Professor Greg Reilly Honored with Illinois Tech’s 2020 John W. Rowe University Excellence in Teaching Award
Chicago-Kent College of Law Associate Professor Greg Reilly is the recipient of Illinois Tech’s 2020 John W. Rowe University Excellence in Teaching Award.
Established in 2014, the award recognizes faculty who have made notable contributions to their profession and to the university. It is named for John W. Rowe, past chairman of the Illinois Tech Board of Trustees and chairman emeritus of Exelon Corporation, for his commitment to leadership, education, and service.
Roger Rozanski Named New Director of the Chicago-Kent Patent Hub
Roger Rozanski has joined Chicago-Kent College of Law as the new director of the Chicago-Kent Patent Hub. Launched by the United States Patent and Trademark Office (USPTO) in 2011, the Patent Hub is one of 21 patent hubs around the country that were created under the America Invents Act to assist low-income inventors with the patent process and in securing patent protection.
Rozanski is an experienced attorney who focused his private practice on patent prosecution and intellectual property strategies. He has prepared and prosecuted domestic patent applications and foreign patent applications, and has a broad range of experience with mechanical, electromechanical, and computer-based technologies, including consumer products, user interfaces, smart phone technologies, wireless communications, and financial technologies.
COVID-19 Collective Brings Together Faculty and Students to Research Coronavirus Legal Issues
As Chicago shut down in March in response to COVID-19, more calls started coming into the C-K Law Group from individuals seeking legal help. Meanwhile, Chicago-Kent College of Law students and soon-to-be graduates were watching their summer internships, summer associate positions, clerkships, and job offers disappear as the legal industry braced itself for the pandemic.
Heather Harper, clinical professor of law, says it was a scary time for students. The Vocational/Career Services Committee and law school staff immediately wanted to find a way to help. “We recognized this as an unprecedented moment. How do we figure out how to engage and make it better?” she says. “How do we teach our students not to be defeated by this moment? How do we empower ourselves and our students to seize this moment for opportunity and growth?”
The solution: the COVID-19 Collective. Chicago-Kent faculty and staff quickly mobilized to give students who were underemployed this summer the opportunity to develop legal skills and expertise in emerging legal issues related to COVID-19. Twenty-four faculty members and 65 students on 15 research teams were involved in COVID-19 Collective research projects. Students had the option of volunteering to be part of the collective or earning a single pass/fail credit for their work this summer. The C-K Law Group’s Entrepreneurial Law, Immigration Law, and Plaintiffs’ Employment clinics were also included in this effort, and handled cases and projects related to COVID-19.
"We could have instead put together a summer class to provide a broad overview of the legal landscape in light of COVID-19. This dynamic partnership between our faculty and students to take a deep dive into an array of topics allows us to do more—to be conversation and policy leaders on emerging issues,” said Chicago-Kent Dean Anita K. Krug. “I anticipate that many of these projects will yield scholarship and other guidance that will be helpful to legal practitioners and help us all better understand the impact of the pandemic on our laws and rights.”
Professor Edward Lee led a team of eight students to investigate social media platform policies and procedures to combat misinformation on COVID-19 and implications for content regulation online. “The students were incredible,” said Lee. “We operated like a small law firm and scrutinized the policies of the major internet platforms, including Facebook, TikTok, Twitter, and YouTube. We hope to publish our report soon. What we found was troubling.”
Toulaye Ba ’21 originally had a law clerk job lined up for the summer and found out in late March that it was gone. She was part of Lee’s team. Ba loves social media and said this was the perfect project for her. “This let me do something. I would hope that through this, employers will see that I was proactive in searching for and attaining a way to spend these uncertain times,” she says.
Due to the COVID-19 pandemic, the annual Supreme Court IP Review (SCIPR) was held online over two days. Now in its 11th year, SCIPR is the premier conference devoted to intellectual property cases before the United States Supreme Court. In one session, a group of preeminent legal experts who submitted amici briefs to the court previewed the complex issues raised in Google v. Oracle, which involves the copyrightability and fair use of certain elements (37 Java API packages) from Oracle’s Java SE. The panelists included professors Pamela Samuelson, Rebecca Tushnet, Ned Snow, and Tomas Gomez-Arostegui as well as attorneys Anne Cappella, Elizabeth Brannen, and William Jay. The Court’s decision in Google v. Oracle, which is expected by June 2020 , will likely be the biggest copyright decision for the software industry.
In the second SCIPR session, Sarah Harris, who represented Booking.com, shared her views about the court’s ruling on the test for generic marks and rejection of the U.S. Patent and Trademark Office’s treatment of “generic.com” marks. Professors Jake Linford, Mark McKenna, and Stacey Dogan provided further commentary on the court’s decision in USPTO v. Booking.com. Carl Malamud, president and founder of Public.Resource.Org, then discussed his nonprofit’s impressive victory in Georgia v. Public.Resource.Org, which held that the Official Code of Georgia Annotated is ineligible for copyright protection. Professors Shyamkrishna Balganesh and Marta Belcher analyzed the court’s application of the government edicts doctrine and discussed its potential application in other cases. The SCIPR conference also included a special tribute to Associate Justice Ruth Bader Ginsburg, who died on September 18.
Chicago-Kent College of Law announced the inaugural Michael Paul Galvin Chair in Entrepreneurship & Applied Legal Technology. The chaired position will support a tenured scholar (at any rank) researching and teaching in the fields of (i) intellectual property (with a focus on innovation and/or the patent system), (ii) business law (with a focus on issues related to technology, startups, entrepreneurship, etc.), (iii) the legal regulation of emerging technologies, or (iv) applied legal technology. In addition to residing in the law school and teaching law school courses, the Galvin Chair will be affiliated with Illinois Institute of Technology’s Ed Kaplan Family Institute for Innovation and Tech Entrepreneurship. The Kaplan Institute teaches innovative and entrepreneurial students from across Illinois Tech how to convert their creative ideas into significant and viable businesses, services, and new solutions. The Galvin Chair is expected to engage in interdisciplinary research in furtherance of the Kaplan Institute’s mission and to help facilitate law student involvement in the Kaplan Institute.
Anjali Vats and Frank Pasquale Discuss Their Books at Chicago-Kent’s BookIT Series
Chicago-Kent continued its BookIT talk series hosting authors of new books related to intellectual property, technology, and business. In the fall, Associate Professor Anjali Vats of Boston College spoke about The Color of Creatorship: Intellectual Property, Race and the Making of Americans (Stanford University Press, 2020), which critically examines the relationship between race and copyright, patent, and trademark laws. On Friday, November 20, Professor Frank Pasquale of Brooklyn Law School will discuss New Laws of Robotics: Defending Human Expertise in the Age of AI (Harvard University Press, 2020), which “offers an inspiring vision of technological progress, in which human capacities and expertise are the irreplaceable center of an inclusive economy.”
Additional 2021 speakers include:
- Ryan Abbott, University of Surrey School of Law professor and author of The Reasonable Robot: Artificial Intelligence and the Law (Cambridge University Press 2020)
- Kate Darling, MIT Media Lab expert and author of The New Breed: What Our History with Animals Reveals About Our Future with Machines (Henry Holt forthcoming April 2021).
Upcoming IP Events
International IP Roundtable, February 2021
Design Law Roundtable in spring 2021
The roundtables invite scholars in the fields of international intellectual property law and design law, respectively, to discuss current topics and works in progress.
Chicago-IP Colloquium, spring 2021
Chicago-Kent College of Law and Loyola University Chicago School of Law jointly sponsor and host the Chicago Intellectual Property Colloquium. 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.
Confirmed speakers for 2021 include:
- Jessica Silbey, Boston University School of Law
- Miriam Marcowitz-Bitton, Bar-Ilan University School of Law
- Oskar Liivak, Cornell Law School
- Trevor Reed, Sandra Day O'Connor College of Law at Arizona State University
- W. Keith Robinson, SMU Dedman School of Law
Due to the COVID-19 pandemic, these IP events will be hosted online.
The Fragility of Consent, 66 Loyola L. Rev. (New Orleans) 11 (2020).
Graeme B. Dinwoodie
Transition and Coherence in Intellectual Property Law (Cambridge University Press, 2020) (et al. (eds.)).
International Copyright: The Introduction in International Copyright Law and Practice 1-159 (Bently, Geller & Nimmer eds. Lexis Nexis 2020).
Non-Conventional Marks and the Obstacle of Functionality: WIPO’s Role in Fleshing Out the Telle Quelle Rule, in Research Handbook on the World Intellectual Property Organization (Ricketson ed. Edward Elgar Press 2020) (with Kur).
The Function of Trademarks in The United States in The Cambridge Handbook on International and Comparative Trademark Law (Ginsburg & Calboli eds. Cambridge Univ. Press 2020).
Who Are Internet Intermediaries? in The Oxford Handbook of Online Intermediary Liability (Frosio ed. Oxford Univ. Press 2020).
Injunctive Relief in Patent Law: A Note on TRIPS, in Injunctions and Patent Law (Husovec and Contreras eds., Cambridge Univ. Press forthcoming 2020) (with Dreyfuss).
Overlap & Redundancy in The IP System: Trademark Always Loses? in Interconnected Intellectual Property: Essays in Honour of Sam Ricketson (Richardson et al eds. 2019) (Cambridge Univ. Press).
Pluralism and Universalism in International Copyright Law: The Role of an International Acquis in Universalism or Pluralism in International Copyright Law (Synodinou ed., Kluwer Law International 2019).
Can Copyright Law Protect People from Sexual Harassment, 69 Emory L.J. 607 (2020).
Does Fair Use Matter? An Empirical Study of Music Cases, 94 S. Cal. L. Rev. (forthcoming 2021) (with A. Moshirnia).
Moderating Content Moderation: A Framework for Nonpartisanship in Online Governance, 70 Am. U. L. Rev. (forthcoming 2021).
Mickie Piatt serves as a board member of the Illinois Intellectual Property Alliance and co-chair of its Program Committee. The alliance acts as a hub in the Illinois intellectual property ecosystem to facilitate the creation, protection, and enablement of intellectual property for the benefit of Illinois.
She was invited to be on the Executive Committee of the board of the U.S. Intellectual Property Alliance, which is currently forming to provide coordination among state intellectual property alliance groups with a focus on intellectual property education, awareness, and creation in support of continued robust innovation across the U.S.
The Complicated Relationship of Patent Examination and Invalidation, 69 Am. U. L. Rev. 1095 (2020).
Power Over the Patent Right, 95 Tul. L. Rev. (forthcoming 2021)
The Privacy Fix: How To Preserve Privacy in the Onslaught of Surveillance (Cambridge University Press, forthcoming 2021) (with Robert Sloan).
CS + X Meets CS 1: Strongly Themed Intro Courses, Proceedings of the ACM Special Interest Group on Computer Science Education (SIGCSE) 2020, with Robert Sloan, Valerie Barr, Heather Bort, Mark Guzdial, and Ran Libeskind-Hadas.
Beyond Bias: Artificial Intelligence and Social Justice, with Robert Sloan, 24 Virginia J. L. & Tech. 1 (2020).
Notice and Choice Must Go: The Collective Control Alternative, SMU Science & Tech. Rev. (forthcoming 2021).
Common-Knowledge-Based Pragmatics, in Fabrizio Macagno and Alessandro Capone (eds.), Inquiries in philosophical pragmatics. Theoretical developments (Kluwer forthcoming 2020).