Please allow me to introduce myself: I am the new Managing Director of the High Tech Law Institute (HTLI) at Santa Clara Law. As you’re reading this, I’m in my fifth month on the job. I returned to my Santa Clara Law roots after more than ten years of legal practice in Silicon Valley. I love law and I’m a technology junkie making this the ideal job for me. Earlier this summer I was attending a graduation event at San Quentin State Penitentiary where I met a man who was about to start a new job as the head of marketing for a company that takes a person’s personality, mannerisms, and speech patterns and creates a digital doppelganger. As the real human changes, their digital version is upgraded. Interesting and more than a little creepy, but what about unique experiences the digital “person” has interacting with other people? At any point does it become an individual in its own right? Does it even have rights? We are rapidly approaching the worlds envisioned by Isaac Asimov and Philip K. Dick. Are we ready? I can’t tell you how excited I am to be at the epicenter of these discussions!
HTLI has been around since 1998 and we’ve created great programs for students, alumni, and the Silicon Valley tech community interested in intellectual property practice and law related to technology-driven industries. We intend to continue these programs and also create new ones that meet the needs of our most important constituents…you. Over the coming weeks and months, please reach out to me and let me know if there’s an area of technology or intellectual property law that we should be exploring. I’m a bit of a blerd myself and I’m excited to learn about what I don’t know.
One of our first initiatives will be to redesign the HTLI website. We’ll send out an announcement when we’re ready to unveil it and we may ask some of you the give it a spin before it goes live. We are continuing the High Tech Tuesday lunchtime speaker series for law students. We also are developing Breakfast Bytes, a morning speaker series for practicing attorneys focusing on new developments in technology law and TechLaw, a podcast series with innovators and experts in intellectual property law and emerging technologies. The positive feedback we have received for our In-House Counsel Institute has encouraged us to work with a small group of practicing attorneys on developing a series of skills workshops for IP litigators.
HTLI is an essential part of our community – both the SCU community and the larger Silicon Valley community. I welcome your input and feedback on our programs and I hope to see you at one of our events on campus. You really should come if only to check out our new home at Charney Hall. It’s a wonderful new space and we’re going to make very good use of it!
In June, the High Tech Law Institute hosted the Third Annual In-House Counsel Institute (IHCI), a 3-day conference for in-house lawyers to better serve the legal needs of high tech companies in today’s fast-paced global environment. Guest faculty included Dorian Daley JD ’86, Oracle; James Yoon, Wilson Sonsini Goodrich & Rosati; Heidi Keefe JD ’95, Cooley; Mike Dillon JD ’84, Adobe Systems; Ralph Pais JD ’75, Fenwick & West; and Ed Medlin JD ’82, Maxim Integrated, among others. The 2019 IHCI will be April 25-27, 2019. Register online or email us at firstname.lastname@example.org for more information.
Professor Collen Chien (center) with members of the AI Club at IBM Labs.
AT SANTA CLARA LAW
This year we continued to engage our students, faculty, and the Silicon Valley business community in discussions on artificial intelligence through a new class, a speaker series, and the continuation of an interdisciplinary student organization. The Business, Law, Technology, and Policy of Artificial Intelligence is a pioneering course combining lectures, group problem-solving, field trips, and conversations with local experts in artificial intelligence, robotics, and neural engineering. Artificial Intelligence for Social Impact is a speaker series curated by Professor Colleen Chien that brings to campus experts on applications of artificial intelligence to social problems, as well as the ethics of the social challenges AI creates. Speakers share their work with our students and faculty. The Artificial Intelligence Club is one of the first interdisciplinary student clubs on campus bringing together students from the schools of law, business, and engineering to learn about artificial intelligence and discuss its use in law firms and companies throughout Silicon Valley. In 2019, the High Tech Law Journal’s symposium will focus on AI and autonomous vehicles.
TECH EDGE JD
Tech Edge JD is an innovative new program that prepares law students for high tech law practice through a combination of coursework, mentorship, practical skills development, and work experience. Students admitted to the Tech Edge JD program attend a special orientation during the summer before they start their 1L year. During their three years of law study, students along with their faculty advisor and attorney mentors will explore career options and create a personalized career path designed to help them achieve their post-graduation goals. Unlike a traditional certificate program, successful completion of the Tech Edge JD program will be based upon milestones, not classes, completed. If your company or firm is interested in getting involved in the Tech Edge JD program, contact the program’s director, Professor Laura Norris at email@example.com.
Hackers get briefed early Saturday morning for the all-day hack.
SECOND CHANCES & EMPATHY HACKATHON
The first ever Second Chances & Empathy Hackathon, based on the research of Professor Colleen Chien, was organized to find a solution for people with criminal records who are entitled to relief such as expungement or sentence removal from parole, but have no idea they are eligible for relief or how to apply for it. Over 90 engineering, law, and social justice students and alumni converged on Charney Hall on an October Saturday to brainstorm solutions for different California jurisdictions and organizations that work with people caught up in the criminal justice system, including Los Angeles County, Yolo County, Orange County, UnCommon Law (founded by Keith Wattley, ’99), #Cut50 (co-founded by Jessica Jackson Sloan JD ’11). The hackathon was organized by Professors Colleen Chien and Laura Norris and included faculty from the Leavey School of Business, the Engineering Department, and practicing attorneys. It was exciting and fulfilling to be surrounded by so many people using technology to solve an important social justice problem. The Second Chances Hackathon was sponsored by Chan Zuckerberg Initiative, Kettering Foundation, Santa Clara Law, High Tech Law Institute, Leavey School of Business, and Northern California Innocence Project. All donations benefited UnCommon Law, a nonprofit organization founded by Keith Wattley JD ’99.
Naruto, the crested macaque
HIGH TECH TUESDAYS
High Tech Tuesdays is a monthly speaker series curated by HTLI and co-sponsored by law student organizations and departments and centers within the SCU community. In November, Angela Dunning, a partner at Cooley LLP, led a lively discussion about whether an animal can claim copyright ownership. The event was co-sponsored by the Student Intellectual Property Law Association. Ms. Dunning shared her experience as lead counsel for the defense in Naruto v. David Slater. Listen to Ms. Dunning’s entertaining and educational oral argument before a three-judge panel of the Ninth Circuit Court of Appeals.
Director Andrei Iancu, USPTO, with Santa Clara Law students and visitors. Photo: Bonnie Eslinger.
A new morning speaker series for the Silicon Valley legal community, Breakfast Bytes, launched with a talk from USPTO Director Andrei Iancu just before we left for the Thanksgiving holiday. Law 360 published an article on the talk on November 13, 2019. A Star Trek fan, Director Iancu shared the USPTO’s initiatives and focus for 2019 and took questions from the audience before transporting from Charney Hall to the Locatelli Center to attend the High Tech Law Journal’s conference on patents. Okay, he didn’t really transport across campus, but wouldn’t it be cool if he had?
Save the Date! On February 26, 2019 from 5 to 8 p.m., the Santa Clara High Technology Law Journal will host a symposium on legal issues connected to applications of artificial intelligence. The symposium will be held at Santa Clara University. More information coming soon!
Our ChIPs members were able to connect with Dorian Daley, EVP, General Counsel, and Secretary at Oracle, and Board Director of ChIPs, at the “Disrupting the Law” symposium held as part of the SCU Law Charney Hall dedication festivities.
Our ChIPs Board members with attorneys from the “A Day in the Life” panel which provided students with a perspective on what it is like to work In-House versus at a Law Firm.
The Honorable Zoe Lofgren JD ’75 was re-elected to the US House of Representatives representing California’s 19th Congressional district (covering much of Silicon Valley). Congresswoman Lofgren serves on several key House committees, including the Judiciary Committee and the House Administration Committee, where she is the ranking member. Washington Monthly magazine discusses the important roles Congresswoman Lofgren will have when the new Congress convenes in January 2019.
In September, IP Logic, founded by HTLI alumni, Tyler Seymour JD ’16 and Campbell Yore JD ’16, launched their flagship platform, patent.pm, to help companies assess their patent portfolio. IP Logic gave away one million IP Gold, a utility token, to promote the new platform. As part of the effort, HTLI sent a special coin to IP professors at US law schools. We’ve asked IP law professors to share their stories of how they’re using IP Gold in their classes and research. If any do, we’ll let you know.
In October, HTLI alumna Monica De Lazzari JD ’18 was named winner of the annual Past Presidents Award of the American Intellectual Property Law Association for 2018, honoring her as one of the top intellectual property law students in the country. After graduation, Monica joined the Palo Alto office of Arnold & Porter as an associate in the firm’s IP practice group. Earlier this year Monica and her moot court partner, Marianna Radloff JD ’18, won the western regionals of the Giles S. Rich Patent Law Moot Court Competition.
The United States Patent and Trademark Office (USPTO) recently announced the appointment of Laura Peter JD ’92 as Deputy Director of the USPTO. She will be responsible for all agency operations and manage approximately 13,000 employees.
The Recorder’s 2018 Women Leaders in Tech Law includes Karen Webb JD/MBA ’04 (left) and Nicole Hatcher JD ’12 (right).
Max Schrems, an Austrian activist and privacy expert, was featured in a recent segment of “60 Minutes” on data protection and privacy regulation. Max studied at Santa Clara Law for a semester in 2011. It was in Professor Dorothy Glancy’s class that gave Max the initial idea that sparked his privacy activism.
Professor Colleen Chien continues her ground-breaking research documenting how tens of millions of Americans have a criminal record that could be cleared under existing law, and how technology can be used to unlock opportunities for them. In November, with support from the Chan Zuckerberg Initiative, Kellogg Foundation, Laura and John Arnold Foundation, and others, Professor Chien co-hosted a workshop group, along with 24 other partner organizations, at the Center for American Progress in Washington, DC, and presented her research estimating that 25-30 million Americans are in the “second chances gap” – meaning they have a criminal record that could, but has not yet been, cleared under existing law. Professor Chien also launched a multi-part blog post series on policy insights and solutions derived from her multi-year analysis of patent data, starting with a piece on the impact of Section 101 on patent prosecution for Patently-O. In October, Professor Chien presented her research findings on the impacts of patent reform and how they have led to a flight from quantity and a flight to quality at the Federal Trade Commission (FTC) at their Innovation and Competition hearings. Watch the video here.
Professor Brian Love co-authored a new paper analyzing the effect of defensive patent litigation insurance. The empirical analysis studies IPISC’s “Troll Defense Insurance” policy, which was launched in 2014. Professor Love is also co-editing a forthcoming volume on “Patent Remedies and Complex Products,” which caps a 2-year effort among a group of 20 law professors from 11 countries to hash out consensus positions on remedies for patent infringement. Draft chapters are available for download via SSRN.
Professor Tyler Ochoa published an article on how copyright law applies to photography of historic shipwrecks, see Copyright and Underwater Cultural Heritage, 49 J. Maritime L. & Commerce 441 (2018); and he has a forthcoming essay revisiting an earlier article, Dr. Seuss, The Juice and Fair Use Revisited: Two Decades of Parody and Satire in Copyright Law, 59 IDEA (forthcoming 2018). He also authored a guest blog analyzing the Classics Protection and Access Act, enacted as Title II of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, Public Law 115-264, which provides federal protection for sound recordings created before February 15, 1972. In October, Professor Ochoa was a panelist at the FTC’s Innovation and Competition hearings in the session “Competition Policy and Copyright Law.” Watch the video here.
In August, Professors Catherine Sandoval and Allen Hammond IV drafted and filed an amicus brief in support of petitioners against the Federal Communications Commission arguing that the agency’s order to repeal net neutrality violated the law by failing to consider the effect that overturning the rules would have on public safety, critical infrastructure (such as energy and water) and democracy.
Professor Kerry Macintosh’s new book, Enhanced Beings: Human Germline Modification and the Law, was published in July 2018. HTLI hosted a discussion and book signing for Professor Macintosh in September.
In addition to continuing our Breakfast Bytes and High Tech Tuesdays speaker series, we will host a number of conferences and events. Be sure to check your inbox for announcements.
CATCHING THE GOLDEN STATE KILLER
On January 14, 2019, we will host a discussion on DNA genealogy in criminal investigations featuring Barbara Rae-Venter, a forensic genealogist who worked with law enforcement on the Golden State Killer case and representatives from the defense bar and law enforcement. We strongly encourage you to register as space is limited.
CELEBRATING 2019 PUBLIC DOMAIN DAY
In the month of January 2019, HTLI is collaborating with other SCU departments to celebrate the largest influx of content into the public domain since the passing of the Sonny Bono Copyright Extension Act. Join us on campus for the following activities:.
Lizzie’s Lounge – a 1923 speakeasy nightclub hosted by law librarian, Eli “Lizzie” Edwards. You’ll need to know the password to enter. Please dress in period attire. There will be prizes for the best costumes. Watch your inbox or email us at firstname.lastname@example.org for the secret password. January 10, 2019, 5-8 pm, Mission Room at the Benson Center.
SBA Talent Show – the annual talent show will include music now in the public domain. January 25, 2019, Mabie Atrium at Charney Hall.
Santa Clara University Laptop Orchestra – an exciting and unique orchestra of undergraduate music students will take us through a musical history of the Copyright Act and its amendments by performing songs that would be in the public domain, but for multiple extensions of the Copyright Act, with commentary by Professor Tyler Ochoa. January 30, 12-1 pm, Recital Hall.
Safety Last! – a screening of the silent film classic starring Harold Lloyd. Movie theater treats will be served. January 24, 2019, Lawyers’ Lab, Charney Hall.
CHINA IP LAW MINI-SYMPOSIUM
In February HTLI will host a ½-day symposium to discuss recent developments in China related to IP law, sponsored by the Institute for Intellectual Property in Asia. February 13, 2019, 8:00 am – 1:30 pm, Mission Room.
INTERNET LAW WIP
On March 2, 2019 HTLI is hosting the annual Internet Law Works-in-Progress workshop for IP law faculty from around the world. IP professors present their academic work to get feedback from colleagues. The day of presentations and discussions are capped by dinner followed by games and friendly competitions. To enroll, contact Professor Eric Goldman at email@example.com.
FEDERAL CIRCUIT BAR ASSOCIATION
Save-the-date as we are in the early stages of planning to host the annual one-day symposium for the Federal Circuit Bar Association. February 8, 2019, Mission Room.
IN-HOUSE COUNSEL INSTITUTE
In its fourth year, the annual In-House Counsel Institute provides intensive training for in-house attorneys to better serve the legal needs of high tech companies. The 2-1/2 day conference is April 25-27, 2019 in Charney Hall.
HTLI has revamped the Benefactors Program with an expanded list of programs and activities from which HTLI Benefactors can choose depending on their level of participation. Options include, among other things, becoming a member of the HTLI Advisory Board, teaching at or attending the In-House Counsel Institute, hosting a field trip for a tech law student club, guest hosting or speaking in the new podcast series, and sponsoring a Breakfast Bytes or High Tech Tuesday speaking event. If you’re interested in becoming a benefactor or learning more about the program, please contact us at HTLI@scu.edu.
Each issue of the HTLI Newsletter will include a cartoon caption contest. For this inaugural issue, we chose a cartoon by Brooke Wanzenberg, a sophomore studio art major at Santa Clara University. We hope you enjoy her work and we look forward to your submissions. The rules of the caption contest are here.
Do you crack them up in the break room at the office? Is your secret dream job writing jokes for Trevor Noah? Well, here’s is your chance to show everyone how clever you are and win a prize. The only thing missing from this cartoon is a witty caption. Now’s your chance to impress your friends and family. Complete this cartoon with the perfect caption and submit your masterpiece here no later than January 31, 2019. Our judges will choose the winning caption. The winner will receive a framed print of the cartoon with the winning caption in place and the cartoon with the winning caption will be featured in the next issue of this newsletter and on our website.