2014 Works-In-Progress Intellectual Property
February 7 – 8, 2014
Santa Clara Law
(subject to change)
Presenters & Discussants
B.J. Ard, Yale Law School Information Society Project (fellow)
Copyright License Enforcement Through the Contract Lens
Clark Asay, Penn State Law
Patent Law Tailoring
Shyam Balganesh, University of Pennsylvania Law School
David Balto, Law Offices of David Balto
The Patent Privateering Iceberg
Mark Bartholomew, SUNY Buffalo Law School
Intellectual Property’s Lessons for Information Privacy
Miriam Bitton, Faculty of Law, Bar-Ilan University
Commercializing Public Sector Information
Jeremy Bock, The University of Memphis Cecil C. Humphreys School of Law
Rethinking Patent Liquidity
Annemarie Bridy, University of Idaho College of Law
The Nuclear Option for Content Control: Online Payment Intermediaries as Proxy Censors
Christopher Buccafusco, IIT Chicago-Kent College of Law
Studying Uncertainty in Intellectual Property Valuation
Michael Burstein, Benjamin N. Cardozo School of Law
Governing Innovation Prizes
Sarah Burstein, University of Oklahoma College of Law
Design Patent Use
Irene Calboli, National University of Singapore
Overlapping Rights: When Works Become Brands (and What is Wrong With It)
Anupam Chander, UC Davis School of Law
Bernard Chao, University of Denver Sturm College of Law
The Potential and Pitfalls of Calculating Patent Damages Using Conjoint Analysis
T.J. Chiang, George Mason University
Patents and the First Amendment
Bryan Choi, New York Law School
Margaret Chon, Seattle University School of Law
Julie Cromer Young, Thomas Jefferson School of Law
Rethinking Copyright Pleadings
Ben Depoorter, University of California, Hastings College of the Law
Hypothetical Damages: Against Remedial Defaults in Copyright Law
Sam Ernst, Dale E. Fowler School of Law, Chapman University
Patent Exhaustion and the Exhausted Defendant: Why Parties Should Not Be Able to Contract Around Exhaustion in Settling Patent Litigation
Tonya Evans, Widener University School of Law – PA
Is There Any “Safer Harbor” from Statutory Damages in the Digital Age?
David Fagundes, Southwestern Law School
The Moral Foundations of Copyright Law
Christine Haight Farley, American University Washington College of Law
Sleeping Treaty: The Pan-American Trademark Convention
Robin Feldman, University of California Hastings College of the Law
Patent Demands & Startup Companies: The View from the Venture Capital Community
David D. Friedman, Santa Clara University School of Law
Feud as Law Enforcement, Ancient and Modern Or Why is There a Patent Troll Problem and How Can it be Solved?
Jeanne Fromer, New York University School of Law
An Information Theory of Copyright Law
Giancarlo Frosio, Stanford Law School (fellow)
Fabian Gaessler, International Max Planck Research School for Competition and Innovation (PhD student)
Kristelia Garcia, The George Washington University School of Law (VAP)
Artists’ Copyright: An Empirical Analysis of Ex Ante & Ex Post Justifications for Copyright
Alexandra George, Faculty of Law, University of New South Wales, Australia
How Long is Uncle Sam’s Arm? Extraterritorial Enforcement of Domestic Intellectual Property Laws
Deborah Gerhardt, UNC School of Law
An Empirical Study of False Advertising Claims Under the Lanham Act
Andrew Gilden, Stanford Law School (fellow)
Raw Materials in Intellectual Property
Alexander Goebel, Harvard Law School (visiting researcher)
A Comparative Approach to the Law and Economics of Secondary Markets for Digital Goods
John Golden, University of Texas School of Law
The Fracking Revolution: A Case Study in Policy Levers to Promote Innovation
Eric Goldman, Santa Clara University School of Law
Patrick Goold , UC Berkeley School of Law (fellow)
Is Liability for Copyright Infringement Strict?
Stuart Graham, Georgia Institute of Technology
Comparing Patent Litigation across Europe: A First Look
Brad Greenberg, Kernochan Center for Law, Media and the Arts, Columbia Law School (fellow)
Uncertain Rules and Unfair Standards: Copyright Subject Matter under the Strain of Disruptive Innovation
Tim Greene, Center for Internet and Society, Stanford Law School (fellow)
Michael Grynberg, DePaul University College of Law
Thick Marks Thin Marks
Eldar Haber, Faculty of Law, Tel-Aviv University (Ph.D. candidate)
Copyrighted Crimes: The Copyrightability of Illegal Works
D.R. Jones, The University of Memphis Cecil C. Humphreys School of Law
Law Firm Copying and Transformative Fair Use: An Examination of Different Purpose
Jay Kesan, University of Illinois College of Law
Patent Assertion Entities (PAEs) Under the Microscope: An Empirical Investigation of Patent Holders As Litigants
Kamil Kiljanski, European Commission
Jessica Kiser, Gonzaga University School of Law
Trademark Law as Corporate Law
Sapna Kumar, University of Houston Law Center
Public Law, Standing and the Federal Circuit
Megan La Belle, Catholic University of America Columbus School of Law
The Local Rules of Patent Procedure
Uyen Le, UC Davis School of Law
Matthew Lane, Law Office of David Balto
The Patent Privateering Iceberg
Stephen LaPorte, Wikimedia Foundation
Hacking Trademark Law: Reconciling Trademark Requirements With Collaborative Communities
Edward Lee, IIT Chicago-Kent College of Law
The Freedom of the Internet
Peter Lee, UC Davis School of Law
Jeffrey Lefstin, University of California, Hastings College of the Law
Inventive Application: A History
Mark Lemley, Stanford Law School
Who Wins Patent Cases?
Yafit Lev-Aretz, Kernochan Center for Law, Media & the Arts, Columbia Law School (fellow)
Reconciling Pro-Choice with Pro-Creation: A Subtle Incentive Theory to Copyright Licensing
David Levine, Elon University School of Law
Secrecy in Startups: An Empirical Study
Yvette Joy Liebesman, Saint Louis University School of Law
Kamil Kubik: The Artist and Copyright Observed Through Time and Space
Raizel Liebler, John Marshall Law School
Use of Treatises in Intellectual Property Cases
Jake Linford, Florida State University College of Law
Semantic Shifts in Trademark Law
Jerry Liu, University of New Hampshire School of Law
Copyright Complements and Piracy-Induced Deadweight Loss
Doris Long, John Marshall Law School
Be Careful What You Wish For: When Trademarks Become “Investment” Properties
Lydia Pallas Loren, Lewis & Clark Law School
Copyright Litigation Reform Through the Plausibility Standard for Pleadings
Brian Love, Santa Clara University School of Law
A Survey of University High-Tech Inventors
Glynn Lunney, Tulane University Law School
The Right of Publicity and the First Amendment: A Fundamental Re-Examination
Phil Malone, Stanford Law School
Mark McKenna, Notre Dame Law School
An Empirical Study of False Advertising Claims Under the Lanham Act
Emily McReynolds, Tech Policy Lab, University of Washington (fellow)
Malwina Mejer, European Commission
Joe Miller, University of Georgia Law School
Error Costs & Functionality Exclusions
Shawn Miller, Stanford Law School Program in Law, Science and Technology (fellow)
If You Can’t Beat Them, Join Them? The Impact of ‘Sitting by Designation’ On Claim Construction Reversal
Emily Michiko Morris, Indiana University Robert H. McKinney School of Law
The Story of Nanotechnology Patents
Christina Mulligan, University of Georgia School of Law
Why Personal Property Servitudes Are Disfavored: Lessons for Digital Content and Patented Goods
Tal Niv, UC Berkeley Law School (PhD student)
Tyler Ochoa, Santa Clara University School of Law
Lucas Osborn, Campbell University School of Law
Open-Source Hardware and the Digitization of Things
Janewa OseiTutu, Florida International University College of Law
Corporate Intellectual Property Rights & Human Rights
Menesh Patel, Sidley & Austin
Do Rules of Procedure Matter? An Empirical Examination of Local Patent Rules and Case Settlement
Laura G. Pedraza-Farina, Northwestern Law School
The Federal Circuit and the Limits of Expertise
Aaron Perzanowski, Case Western Reserve University School of Law
Reconciling Personal and Intellectual Property in the Post-Copy Era
Irina Raicu, Santa Clara University Markkula Center for Applied Ethics
Sarah Wasserman Rajec, Stanford Law School Program in Law, Science and Technology (fellow)
Salvaging the ITC: How Court of International Trade Review Can Re-Legitimize Section 337 Actions
Srividhya Ragavan, University of Oklahoma College of Law
Developing Countries & the Post-Patent World
Amanda Reid, Florida Coastal School of Law
Copyright Capture: The Power of Music and the First Amendment to Set it Free
Abby Rekas, National University of Ireland, Galway (PhD candidate)
UNCRPD Article 30(3): Implications for Copyright
Chris Ridder, Stanford Law School (non-residential fellow)
Uncertainty In IP Address-Based Identification: Protecting The Innocent Internet Service Subscriber
Betsy Rosenblatt, Whittier Law School
The Adventure of the Shrinking Public Domain
Guy Rub, The Ohio State University, Michael E. Moritz College of Law
An Information Costs Approach To The First Sale Doctrine
Rachel Sachs, Seventh Circuit Court of Appeals (clerk)
Differential Pricing and Access to Medicines: Achieving Progress Through Compromise
Zahr Said, University of Washington School of Law
Interpretive Complexity in Copyright and Trademark: Comparing Substantial Similarity and Likelihood of Confusion
Karen Sandrik, Willamette University College of Law
The Unstable Environment of Private Ordering in Patent Law
Julie Samuels, EFF
Sharon Sandeen, Hamline University School of Law
Property Fail: How the Rhetoric of Property Rights Undermines Trade Secret Protection
Andres Sawicki, University of Miami School of Law
Victoria Schwartz, Pepperdine University School of Law
Unpacking Trade Secret Analogies
Jacob Sherkow, Stanford Law School (fellow)
Ted Sichelman, University of San Diego School of Law
A Proper Interpretation of the Venetian Patent Act of 1474
Toshiko Takenaka, University of Washington School of Law
Rebecca Tushnet, Georgetown University Law Center
Stolen Valor and Stolen Luxury: Free Speech and Exclusivity
Greg Vetter, University of Houston Law Center
Decanting the Software License in Health Information Technology
Saurabh Vishnubhakat, Duke Law School (Postdoctoral Associate)
The Patent Bar Gender Data File
Rob Walker, University of California, Hastings College of the Law (fellow)
Unavoidable Aesthetic Judgments in Copyright Law
Yana Welinder, Wikimedia Foundation
Hacking Trademark Law: Reconciling Trademark Requirements With Collaborative Communities
David Welkowitz, Whittier Law School
Fault Lines in Default Judgments
Felix Wu, Cardozo Law School
Peter Yu, Drake University Law School
Can the Canadian UGC Exception Be Transplanted Abroad?
Elana Zeide, NYU School of Law Information Law Institute (fellow)
For more information, please visit wipip.info.
View the WIPIP facebook page at https://www.facebook.com/wipip2014
30th Anniversary Symposium
February 14, 2014 at 9:00 a.m.
at the Computer History Museum.
Breakfast, lunch and a 3PM wine reception included. 4 Hours of CLE Credit.
1401 North Shoreline Boulevard, Mountain View, CA 94043, USA
The Santa Clara High Tech Law Journal is a progressive legal publication that has continued to maintain a strong presence after 30 years. We are in a unique position to host this important colloquium on government policy towards sharing economy Internet companies, as we are in the position to dig deeply into specific legal issues. This keynote series will host representatives from the Public Utilities Commission of California, DOJ of California, San Francisco Mayors Office, Twitter, Uber and AngleList.
This is a CLE accredited event, and informative for lawyers and advisors interested in learning more about the trends in government policy towards social internet commerce, and to receive insight from policy writers and attorneys from the top companies in this emerging space. We also encourage academics, policy advocates, entrepreneurs and law students to attend.
The conference program consist of six keynote speakers. Three in the morning coming from government agencies and then three in the afternoon who are policy writers for leading internet companies. The entire event is designed is to teach the audience how to navigate regulatory structures and participate in the drafting of new government policy towards disruptive business such as car sharing, crowd funding and social media. While these business models will be featured, the day is more about discussing how internet industries are reshaping traditional regulatory norms, and doing so quickly.
Each speaker will provide 20 minutes of presentation (think Ted talk format) followed by a moderated 20 minutes of Q&A.
The speaker lineup is:
9:15 Commissioner Sandoval, CPUC
10:15 Jeffrey Rabkin, Special Assistant Attorney General for Law and Technology
11:15 Shannon Spanhake, Deputy Innovation Officer in SF Mayor’s Office
1:10 Corey Owens, Head of Global Public Policy at Uber
2:00 Kevin Laws, COO of AngelList
2:45 Laura Pirri, Legal Director for Products at Twitter
For inquiries and press contact Nicole.Shanahan@htlj.org or call 415-624-7671.
The Biotech Law Group and the High Tech Law Institute present
BLG Annual Wine & Cheese Event
The Biotech Law Group is hosting its annual Wine and Cheese Networking event for those interested in biotech and life science law. Students, alumni and practitioners please join us on April 16th from 5:30 to 8 in Strong Commons, Bergin Hall.
The High Tech Law Institute is pleased to present
The USPTO AIA Trial Roundtable
Silicon Valley Intellectual Property Law Association (SVIPLA) to host a complimentary reception
immediately following the Roundtable
The Patent Trial and Appeal Board of the United States Patent and Trademark Office is hosting roundtables to share information about the new AIA trials (i.e., inter partes reviews, post grant reviews, covered business method reviews, and derivations) including statistics, lessons learned, and techniques for successful motions practice. The Board is interested in receiving feedback about the trials and will feature a panel discussion to elicit public input.
The Roundtable is a free event and open to all with seating available on a first-come, first-served basis. No registration is required.
For more information, visit the PTAB AIA Trial Roundtables microsite
Mock Conference Calls
Audience questions and participation is welcomed throughout the program
High Tech Law Institute
Friday, May 23, 2014
9:30am – 11:00am
Mission Room, Benson Center
If you are a graduating student involved in the high tech law student group or academic program such as:
Biotech Law Group
High Tech & Computer Law Journal
Sports & Entertainment Law Society
Entrepreneurs’ Law Clinic
LL.M. in IP
High Tech related Moot Court Programs,
please join us for the high tech law graduation celebration. Email invitations have been sent out via Paperless Post to. If are a graduating student and were involved in one of the programs and did not receive your invitation, please contact Dorice Kunis at firstname.lastname@example.org of the High Tech Law Institute.
HIGH TECH TUESDAY
September 9, 2014, 12:00pm
“Patent Prosecution v. Patent Litigation”
Learn from experienced alumni about the different practices of patent prosecution and litigation. Areas that will be covered include:
- How to decide which patent practice may be right for you
- Can you only practice one of the other?
- How to best position yourself for a patent law career in law school (classes, internships, extra-curricular activities
Jacob T. Aikin, Esq., Partner, Blakely Sokoloff Taylor & Zaffman, is a member of the Patent Practice Group in BSTZ’s Sunnyvale office. He is a registered patent attorney whose practice focuses on intellectual property protection in the semiconductor, display, micro-electro-mechanical systems (MEMS), and medical device industries.
Eric Lancaster, Esq., Associate, White & Case, is an associate in White & Case’s Intellectual Property Practice Group in Palo Alto. His practice focuses on patent litigation across the country as well as before the United States International Trade Commission, covering a variety of technologies including software, social networking, mobile devices, semiconductor, LCDs, and computer hardware.
Schwegman, Lundberg & Woessner, P.A. and the High Tech Law Institute
Navigating the Software Patent Landscape in the European Patent Office:
An Examiner’s View
“Navigating the Software Patent Landscape in the European Patent Office: An Examiner’s View” aims to explain the EPO approach to software patents, and its history. The format of the conference will begin with an overview of the current EPO approach to software patents by current EPO examiners. The presentation will be followed by interactive workshops moderated by EPO patent practitioners. The workshops will focus on the identification of patentable subject matter and how to develop arguments for patentability.
This conference is ideal for patent attorneys, agents and other legal professionals that advise on intellectual property protection of software and related technologies.
The event is complimentary, but you must register in advance.
Four hours of California MCLE is offered upon completion.
Dr. John Collins, Schwegman Lundberg Woessner, P.A., graduated with an honours degree in Medical Physics from London University and went on to obtain his doctorate in Physics from London University. After a couple of years post-doctoral research, he entered the patent profession in 1990. He is a Chartered Physicist, a Member of the Institute of Physics and a Member of the European Physical Society. His practice has covered a wide range of technical fields including logic design, medical equipment, telecommunications, Internet related technology, neural networks, genetic algorithms, speech recognition, active noise control, encryption, software and business methods. He has considerable experience of proceedings before the European Patent Office, including oppositions and appeals and also has experience in litigation both in the UK and the USA.
Christina Margarido, EPO Examiner, holds a degree in Electrical Engineering from Porto University, Portugal, as well as a post-graduation in management. After a couple of years in Research, she became a Patent Examiner at the EPO in 2002. Her field of work ranges from electronic business, electronic payment, and devices for supporting learning. She has worked in search, examination and opposition of European Patent and Patent Applications.
Luca Falo, EPO Examiner, graduated magna cum laude in Electronic Engineering at the University of Rome “La Sapienza” in February 2000, with a dissertation in Artifical Intelligence. After graduation, he joined the Italian Air Force as Engineering Officer (Lieutenant). Since 2002 he has been a Patent Examiner at the EPO, first in the Telecommunication cluster and then in Directorate 1958 (Business Methods/Computer implemented inventions). He took further studies in International Law and Comparative Law at the University of Trento, Italy, and he has passed the European Qualifying Examination (EQE) in 2010.
Moderator: Alex Turnbull, UK and European Patent Attorney, TLIP Ltd
Join us for a networking reception that will bring engineers and patent professionals together, hosted by Santa Clara Law, SCU School of Engineering, the Silicon Valley Intellectual Property Law Association, IEEE and CASPA.
John Cabeca, Director of the USPTO Silicon Valley Satellite Office, and a panel of patent law practitioners will discuss how to leverage your engineering experience into a successful career as a patent professional.
The event is complimentary, but registration is required. Email email@example.com to register.
Featured Speakers and Panelists:
John Cabeca, Director of the Silicon Valley United States Patent And Trademark Office
Laura Lee Norris, Assistant Clinical Professor and Director, Entrepreneurs’ Law Clinic, Santa Clara Law
Dan Ovanezian, Partner, Lowenstein Sandler
Joseph Wang, Esq., Associate, Schwegman Lundberg & Woessner
As more and more breaches occur, concern about cybersecurity keeps growing. Many companies now employ “ethical hackers,” whose skills are in high (and increasing) demand. Yet many people aren’t sure what “ethical hacking” means. This panel of cybersecurity experts will address various topics related to the ethical hacking certification, security issue disclosures, and employment of ethical hackers–including some of the legal and ethical quandaries associated with this fascinating line of work.
- Marisa Fagan – Director of Crowd Ops at Bugcrowd
- Manju Mude – Chief Security Officer at Splunk
- Seth Schoen – Senior Staff Technologist at the Electronic Frontier Foundation
- Alex Wheeler – Director, Accuvant R&D
This event is co-sponsored by the Markkula Center for Applied Ethics and the High Tech Law Institute. This event is part of the ongoing “IT, Ethics, and Law” lecture series.
Fifth Annual Internet Law Works-in-Progress Event
Call for Papers
We invite your participation in the Fifth Annual Internet Law Work-in-Progress conference at Santa Clara University School of Law on March 7, 2015. The conference series is co-sponsored by the High Tech Law Institute at Santa Clara University School of Law and the Institute for Information Law and Policy at the New York Law School.
The work-in-progress event was created for Internet law scholars to receive feedback about their papers and projects from their academic peers. We take a broad view of the topics that fit under the Internet Law umbrella. The conference has three categories of participation:
* papers-in-progress. We might allocate additional presentation time to presentations that meet the following specifications: (1) a feedback-ready paper draft is submitted no later than February 20, 2015 at noon–no extensions!; and (2) as of March 7, 2015, the paper draft has not been circulated for publication or posted to SSRN or a similar site.
* projects-in-progress. This covers presentations on any other academic project, ranging from nearly finished papers to half-baked ideas.
* discussant. Space permitting, we welcome other scholars to join the conversation as active audience participants.
How to Participate
If you would like to participate, email Eric Goldman (firstname.lastname@example.org) the following information by the initial deadline of November 10, 2014 at noon:
* your name, contact information and affiliation
* your preferred category of participation
* the title of your project
We expect to notify accepted participants by November 17, 2014. We will evaluate submissions after the initial deadline on a space-available basis.
There is no event participation fee, but all participants are responsible for their own travel and lodging expenses. We will provide further information about transportation and lodging soon. There are no publication obligations associated with presenting at the event.
Game nights have become legendary at this conference. Past events have included PowerPoint karaoke, Dungeons & Dragons and more. See, e.g.,https://secure.flickr.com/photos/81901130@N03/sets/72157633737216641/ Although the details haven’t finalized, we expect we’ll have another game night to remember on March 7. Plan your travel schedule accordingly!
Contact Eric Goldman at email@example.com with any questions or comments.