Supreme Court IP Review (SCIPR)

The Supreme Court IP Review (SCIPR) is a conference 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.


SCIPR 2019

When:

Friday, September 20, 2019

Where:

Chicago-Kent College of Law
565 West Adams Street
Chicago, IL 60661

CLE:

Approved for 7.25 hours of Illinois General CLE and 7.00 hours of Pennsylvania General CLE.

Register


The Honorable Donald Verrilli Headlines the 10th Annual Supreme Court IP Review

The Honorable Donald Verrilli
The Honorable Donald B. Verrilli Jr., 46th solicitor general of the United States and a partner at Munger, Tolles & Olson, will deliver the 2019 Supreme Court IP Review address.

On September 20, 2019, Chicago-Kent College of Law will host its 10th annual Supreme Court IP Review, a conference designed to provide intellectual property practitioners, jurists, legal academics and law students with a review of IP cases from the United States Supreme Court’s previous Term and a preview of cases and cert. petitions on the docket for the upcoming Term. 

The Honorable Donald B. Verrilli Jr., 46th solicitor general of the United States and a partner at Munger, Tolles & Olson, will deliver the 2019 Supreme Court IP Review address. Before serving as solicitor General, Mr. Verrilli served as deputy White House counsel, and previously 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 International and Association for Molecular Pathology v. Myriad Genetics, and one copyright case, Golan v. Holder, as well as MGM Studios, Inc. v. Grokster, when he worked in private practice.  

As a part of SCIPR’s 10th anniversary, the conference will include an exciting new feature: a panel of experts discussing "Taking Stock of the Past 10 Years at SCOTUS." 


Schedule

(preliminary as of September 13)

8:00 – 8:30 am

Registration and continental breakfast

8:30 – 8:35 am

Welcoming remarks — Dean Anita K. Krug, Chicago-Kent College of Law

8:35 – 10:05 am — Review of Copyright and Trademark Cases

Copyright Panel (50 minutes)

  • Fourth Estate Public Benefit Corp. v. Wall-Street.com (copyright registration)
  • Rimini Street Inc. v. Oracle USA Inc. (fee awards in copyright cases)

Moderator: Professor Edward Lee, Chicago-Kent College of Law
Panelists: Peter Stris, counsel to Wall-Street.com, LLC., Partner, Stris & Maher LLP; Mark Perry, counsel to Rimini Street Inc., Partner, Gibson Dunn; Professor Robert Brauneis, George Washington University Law School; Professor Jessica Silbey, Northeastern University School of Law

Trademark Panel (40 minutes)

  • Iancu v. Brunetti (immoral/scandalous marks bar violates First Amendment?)

Moderator:Robert Surrette, Shareholder & President, McAndrews
Panelists: John R. Sommer, counsel to Erik Brunetti; Dean Megan Carpenter, University of New Hampshire Franklin Pierce School of Law; Professor Laura Heymann, William & Mary Law School

10:05 – 10:20 am

Coffee break

10:20 – 11:20 am — Review of Patent Cases

  • Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., et al. (on sale bar and secret sales)
  • Return Mail Inc. v. USPS (government is not a “person” who may petition to institute review proceedings under the Leahy-Smith America Invents Act)

Moderator: Grantland Drutchas, McDonnell Boehnen Hulbert & Berghoff LLP
Panelists: William Jay, counsel to Teva Pharmaceuticals USA, Partner, Goodwin; Richard Rainey, counsel to Return Mail Inc., Partner, Covington & Burling LLP; Professor Laura Pedraza-Farina, Northwestern Pritzker School of Law; Professor Camilla Hrdy, University of Akron School of Law

11:20 am – Noon — Analytics and Preview of 2019 Term 

Analytics — Professor Edward Lee, Chicago-Kent College of Law
Preview of the Upcoming Term: IP cert. grants and cert. petitions to watch

  • Patent law (Iancu v. NantKwest and Dex Media v. Click-to-Call)
  • Copyright law (Allen v. Cooper and Georgia v. Public.Resource.Org Inc.)
  • Trademark law (Romag Fasteners v. Fossil)

Moderator: Mary Ann Wymore, Officer, Greensfelder
Panelists: Professor Laura Heymann, William & Mary Law School; Professor Edward Lee, Chicago-Kent College of Law; Professor Guy Rub, Ohio State University Moritz College of Law; Vincent Smolczynski, Associate, Seyfarth Shaw

Noon – 1:00 pm

Lunch 

1:00 – 1:45 pm — Supreme Court IP Review Address

Introduction: Scott Schutte, Partner, Morgan Lewis
Speaker: Donald B. Verrilli, Jr., Partner, Munger Tolles & Olson, 46th Solicitor General of the United States 

1:45 – 2:00 pm

Coffee break

2:00 – 3:00 pm — Supreme Court IP Cases: The Views of Advocates

Moderator: Professor Carolyn Shapiro, Chicago-Kent College of Law
Panelists: Donald Verrilli, Jr., Partner, Munger Tolles & Olson; Peter Stris, Partner, Stris & Maher LLP; William Jay, Partner, Goodwin; Professor Matt Sag, Loyola University Chicago School of Law, and Professor Tonja Jacobi, Northwestern Pritzker School of Law, co-founders of SCOTUS OA; Mark Perry, Partner, Gibson Dunn

3:00 – 4:00 pm — The Views of Former Supreme Court Clerks

Moderator: Professor Nancy Marder, Chicago-Kent College of Law
Panelists: Professor Robert Brauneis, George Washington University Law School; Ruthanne Deutsch, Founding Partner, Deutsch Hunt PLLC; Steven Horowitz, Partner, Sidley Austin LLP; Philippa Scarlett

4:00 – 4:15 pm

Coffee break

4:15 – 5:30 pm — Taking Stock of IP Cases at SCOTUS in the Past Decade

Moderator: Professor Edward Lee, Chicago-Kent College of Law
Panelists: 

  • Professor Joseph Miller, University of Georgia School of Law, Two Centuries of Trademark and Copyright: A Citation-Network-Analysis Approach
  • Professor Guy Rub, Ohio State University Moritz College of Law, The Limit 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
     

5:30 – 6:30 pm

Reception