Denver University Law Review Annual Symposium
On February 4 & 5, 2016, the Denver University Law Review will host its annual symposium, Future World IP: Legal Responses to the Tech Revolution. The Denver University Law Review will be presenting its annual symposium this coming year on the role of intellectual property law in bringing new technologies to fruition and to the market.
We are excited to present the opportunity to examine this timely and complex field of law with highly distinguished scholars, practitioners, and members of the judiciary from around the country. Individual panel topics will address: cybersecurity and privacy; exhaustion; policy standards and patents; post-grant review procedures; and patent thickets. Given the relevance of this topic, we expect the Symposium to be widely attended by practitioners and members of the national, state and local community.
We are pleased to announce the Mabel Y. Hughes Charitable Trust as the Platinum Sponsor of the Denver University Law Review 2016 symposium.
The Denver University Law Review would like to thank our silver sponsor, Hogan Lovells, for their generous support:
The Denver University Law Review would like to thank our bronze sponsor, Kilpatrick Townsend & Stockton LLP, for their generous support:
The DMCA’s Balancing Act
The Digital Millennium Copyright Act struck a delicate balance between copyright owners on the one hand and those that develop new uses for that copyrighted content on the other hand. From the 9th Circuit’s recent decision in Lenz v. Universal Music to the pending proceedings on potential DMCA exemptions, the panel will discuss recent developments in the law and analyze how well these new decisions are striking that balance.
Aaron Perzanowski teaches courses in intellectual property and telecommunications law at Case Western Reserve University. His research examines the influence of law and technology on the creation and exchange of information goods. His work has been published in law reviews and top specialty journals at Harvard, UC Berkeley, University of Pennsylvania, Northwestern University, UCLA, University of Minnesota, and UC Davis. Prior to his teaching career, he served as the Microsoft Research Fellow at the Berkeley Center for Law & Technology and practiced law at Fenwick & West in Silicon Valley. For more information, visit http://law.case.edu/OurSchool/FacultyStaff/MeetOurFaculty/FacultyDetail.aspx?id=1032.
Daniel Nazer is a Staff Attorney on the Electronic Frontier Foundation’s intellectual property team, focusing on patent reform. Prior to joining EFF, Mr. Nazer was a Residential Fellow at Stanford Law School’s Center for Internet and Society. He also practiced at Keker & Van Nest, LLP, where he represented technology clients in patent and antitrust litigation. Before that, Mr. Nazer was a legal fellow with the Drug Law Reform Project of the American Civil Liberties Union. Mr. Nazer clerked for Justice Susan Kenny of the Federal Court of Australia and Judge William K. Sessions, III of the U.S. District of Vermont. Mr. Nazer has a B.A. in Philosophy from the University of Western Australia, an M.A. in philosophy from Rutgers, and a J.D. from Yale Law School. Mr. Nazer is the author of The Tragicomedy of the Surfer’s Commons (9 Deakin L. Rev. 655) and Conflict and Solidarity: The Legacy of Jeff D. (17 Geo. J. Legal Ethics 499). For more information, visit https://www.eff.org/about/staff/daniel-nazer.
Finding the Limits of Exhaustion
Under the first sale doctrine, intellectual property rights are exhausted after the authorized first sale of a product. However, from GMO seeds to iTunes, emerging technologies have pushed the limits of exhaustion doctrine. Moreover, as products increasingly cross national borders, exhaustion has taken on an international dimension. The panel will discuss how exhaustion law has evolved to date and its future.
Molly S. Van Houweling is the Co-Director of the Berkeley Center for Law & Technology. She joined the Berkeley faculty in fall 2005 from the University of Michigan Law School, where she had been an assistant professor since 2002. Van Houweling’s teaching and research interests include intellectual property, law and technology, property, and food law. Before joining the Michigan faculty, Van Houweling was president of Creative Commons, a nonprofit group that facilitates sharing of intellectual property. Van Houweling has also served as senior adviser to the president and board of directors of the Internet Corporation for Assigned Names and Numbers, the entity that oversees the Internet Domain Name System. She has been a research fellow at the Berkman Center for Internet & Society at Harvard Law School and at the Center for Internet and Society at Stanford Law School. For more information, please visit https://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=5073.
Amelia Smith Rinehart joined the faculty of the S.J. Quinney College of Law at the University of Utah in 2010 following two years as a Visiting Assistant Professor of Law at Florida State University. Prior to entering the legal academy, she practiced law for several years at Orrick, Herrington & Sutcliffe L.L.P. in New York, and Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. in Baton Rouge, Louisiana, where she specialized in intellectual property litigation, procurement, and counseling. Professor Rinehart is a registered patent attorney and her scholarship focuses on patent law and theory. Professor Rinehart received her J.D. from the University of Chicago Law School in 2002. She received a Master of Science in biomedical engineering from Tulane University in 1997, and a Bachelor of Science in biomedical engineering, summa cum laude, with Departmental Honors from Tulane University in 1996. Prior to attending law school, Professor Rinehart worked as an engineer at Johnson Space Center in Houston, Texas. For more information, visit https://faculty.utah.edu/u0715850-AMELIA_SMITH_RINEHART/biography/index.hml.
Samuel F. Ernst is an Assistant Professor at the Dale E. Fowler School of Law at Chapman University. Professor Ernst’s scholarship focuses on patent law and he teaches in the areas of intellectual property, contracts, and civil litigation practice. Prior to joining the Fowler School of Law in 2013, Professor Ernst was a partner at the international law firm of Covington & Burling in San Francisco, practicing intellectual property, commercial, and appellate litigation, while maintaining an active pro bono practice focusing on veterans disability recovery and homeless advocacy. In 2010, Professor Ernst was recognized by the Federal Circuit Bar Association for his work on behalf of veterans. In 2006 and 2008, he received a Certificate of Excellence from the Berkeley Food and Housing Project. Prior to joining the Fowler School of Law Professor Ernst taught pre-trial civil litigation at the UC Berkeley School of Law. Professor Ernst earned his JD Magna Cum Laude from Georgetown University Law Center. He has a BA in Modern Literary Studies from UC Santa Cruz and an MA in Comparative Literature from UCLA. For more information, visit http://www.chapman.edu/our-faculty/samuel-ernst.
Also, Aaron Perzanowski.
Learning about and Valuing Standards Essential Patents
The development of standards requires the cooperation of many different parties with divergent interests. As part of that process, parties learn about patents that potentially cover the standard and value them. This panel will discuss how standards organizations, companies and the courts deal with these issues.
Chris Byrne is Vice President at Samsung Electronics, Strategy & Innovation Center in Silicon Valley. Chris has B.A., B.S.E.E. and J.D. degrees and is a USPTO registered patent attorney. Prior to Samsung, Chris began his IP career with Hewlett-Packard and subsequently held the chief IP position at multiple multi-billion dollar public high-tech companies where Chris led record-setting design and implementation of several of the most strategic and commercially valuable IP platforms and portfolios in high-tech, from semiconductors to software. In each case, Chris had top company-wide leadership responsibility for all aspects of intellectual property development and management, including strategic patenting, licensing, litigation and IP policy issues, including repeated testimony before Congress on the Digital Millennium Copyright Act as IP Chair of the Information Technology Industry Council (http://www.itic.org). Chris has also had industry-wide leadership roles in the policy and legal developments of software interoperability, software patents, and patent reform. Chris has also been a planning-committee member, speaker and presiding officer at the Stanford & Berkeley Law Schools’ Advanced Patent Law Institute in Silicon Valley since its inception more than ten years ago.
Karen Bartleson has been voted 2016 IEEE President-elect. She is also senior director of corporate programs and initiatives at Synopsys. Her responsibilities include programs for technical standards development, software tool interoperability, relationships with universities and research institutions worldwide, compute platform product support, and customer engagement through social media. She represents Synopsys on the Si2 Board of Directors and was an officer of the Board of Directors of Accellera, which advances standards for use by the worldwide electronics industry. Prior, she was CAD manager at UTMC (United Technologies Microelectronics Center), responsible for the design system to create high-reliability ASICs. Before, she worked at Texas Instruments as logic analysis manager, responsible for TI’s logic simulation. For more information, visit http://www.karenbartleson.net/.
Jorge Contreras is an Associate Professor at the S.J. Quinney College of Law at the University of Utah. Professor Contreras previously served on the law faculties of American University Washington College of Law and Washington University in St. Louis. Prior, Professor Contreras was a partner at the international law firm Wilmer Cutler Pickering Hale and Dorr LLP, where he practiced transactional and intellectual property law in Boston, London and Washington DC. Professor Contreras’s current research focuses, among other things, on the development of technical standards and the use and dissemination of data generated by large-scale scientific research projects. He is an internationally-recognized authority in the area of standards-essential patents and has been a leader in the development of the legal and policy aspects of genomic and biomedical research for nearly two decades. For more information, visit https://faculty.utah.edu/u0989706-JORGE_L_CONTRERAS/biography/index.hml.
Navigating Patent Thickets
The world is only becoming more complex. From smartphones to new industrial facilities, companies have to be concerned about thousands, if not hundreds of thousands, of patents. Panelists will discuss how they try to navigate a way through these patent thickets so that their companies can conduct their business.
Lucky Vidmar is a partner at Hogan Lovells where he represents high tech companies in complex litigation. A registered patent attorney, Lucky has helped major international companies resolve patent, trademark, software development and other disputes in the courts across the United States as well as in the U.S. International Trade Commission. Lucky has litigated patent infringement disputes involving e-commerce software, middleware software, medical billing software, and SSL/TLS and RC4 encryption applications. On the hardware side, Lucky has litigated cases involving digital signal processing chips, noise cancelling circuitry, touchscreen, power management technology, Power-over-Ethernet standard, and DOCSIS cable modem standard, among others. Before becoming a lawyer, Lucky worked in the software and hardware industry for nearly ten years. For more information, visit http://www.hoganlovells.com/lucky-vidmar/.
Stephen Zavell is a Senior Counsel for Chevron Corporation specializing in Intellectual Property and Licensing Law. His mostrecent assignment included providing subject matter intellectual property expertise for Chevron’s Asia Pacific Exploration & Production group (CAPEP) and Chevron’s Gas and Midstream operations for Chevron Shipping and Chevron Pipeline. The responsibilities include providing IP advice and counsel for Chevron’s multi-billion dollar major capital Gorgon and Wheatstone LNG projects. This work requires ensuring IP alignment for incoming and outgoing technology and licensing, IP compliance, and asset acquisition and disposition. From 2000 to 2008 his primary client was the SasolChevron joint venture gas to liquids (GTL) project in Escravos Nigeria. The responsibilities included the development of a worldwide patent portfolio for the process and product technology, European opposition work, and freedom to operate studies, cross-licensing with competitors, and advising management on IP issues facing the JV. Earlier in his career, Stephen worked for RCA, Marathon Oil Company, while in Law School , and private IP practice in a variety of technical areas. Stephen has a BA 1973 in Chemistry from The Colorado College a JD 1976 from the University of Denver, College of Law and an MBA 1990 in technology evaluation and management from the University of California at Berkeley.
Amy L. Landers is the Director of the Intellectual Property Law Program at the Thomas R. Kline School of Law at Drexel University. She is an accomplished legal scholar and practitioner. She was previously distinguished professor of law and director of the Intellectual Property Law Concentration at the University of the Pacific’s McGeorge School of Law. Professor Landers is an expert on patents and intellectual property law, and she is the author of “Understanding Patent Law,” now in its second edition, and co-author of “Global Issues in Intellectual Property Law” and “Global Issues in Patent Law.” Previously, Landers was a partner at Orrick, Herrington & Sutcliffe, in Silicon Valley, Calif. where she specialized in IP litigation, antitrust, fraud, trade secret and trademark cases. For more information, visit http://drexel.edu/law/faculty/fulltime_fac/Amy%20Landers/.
Post Grant Review Strategies
The American Invents Act’s Post Grant Review proceedings are becoming the defendant’s weapon of choice. The panel will examine recent legal developments, the underlying economics and overall impact of these new proceedings.
Members of the USPTO (invitations pending)
Wayne Stacy is a partner in Cooley’s Litigation department and a member of the Intellectual Property Litigation practice group. Mr. Stacy is an adjunct professor at both the University of Colorado School of Law and the University of Denver School of Law where he has taught patent law and patent litigation classes for over a decade. Recently, Mr. Stacy co-developed a first-of-its-kind class for the University of Denver focused on Patent Office Litigation and the new inter partes review process. Mr. Stacy has tried patent cases totaling over a half-billion dollars in value to verdict. He regularly litigates in leading patent jurisdictions such as the Eastern District of Texas and the Northern District of California, among others. He is also a co-author of the patent local rules in the District of Colorado. For more information, visit https://www.cooley.com/wstacy.
Cybersecurity & Privacy
Derek Bambauer is a Professor of Law at the University of Arizona, where he teaches Internet law and intellectual property. His research treats Internet censorship, cybersecurity, and intellectual property. He has also written technical articles on data recovery and fault tolerance, and on deployment of software upgrades. A former principal systems engineer at Lotus Development Corp. (part of IBM), Professor Bambauer spent two years as a Research Fellow at the Berkman Center for Internet & Society at Harvard Law School. At the Berkman Center, he was a member of the OpenNet Initiative, an academic consortium that tests and studies Internet censorship in countries such as China, Iran, and Vietnam. He is one of the authors of Info/Law, a popular blog that addresses Internet law, intellectual property, and information law. He holds an A.B. from Harvard College and a J.D. from Harvard Law School. For more information, visit http://www.law2.arizona.edu/faculty/facultyprofile.cfm?facultyid=5012.
Margot Kaminski is an Assistant Professor at The Ohio State University Moritz College of Law. She researches and writes on law and technology. She is a graduate of Harvard University and Yale Law School. Professor Kaminski’s research and policy work focuses on media freedom, online civil liberties, international intellectual property law, legal issues raised by AI and robotics, and surveillance. She has written on law and technology for the popular press, and appeared on NPR’s On the Media and other radio shows and podcasts. Her article, “The Capture of International Intellectual Property Law Through the U.S. Trade Regime” was published in the Southern California Law Review; and her essay on domestic drone use, “Drone Federalism: Civilian Drones and the Things They Carry” was published in the California Law Review Circuit.From 2011 to 2014, Professor Kaminski served as the executive director of the Information Society Project at Yale Law School, an intellectual center addressing the implications of new information technologies for law and society. She remains an affiliated fellow of the Yale ISP. For more information, visit http://moritzlaw.osu.edu/faculty/professor/margot-kaminski/.
Beth Magnuson is a Privacy & Data Security Senior Legal Editor with Thompson Reuters Practical Law Group. Formerly, she served as Managing Counsel of the Privacy & Security Legal Group at Oracle Corporation.
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