Intellectual Property Law Perspectives Fall 2015

T H E GEORGE WA SHI NGTON U N I V ER SIT Y L AW SCHOOL

INTELLECTUAL PROPERTY LAW

Perspectives

PROGRAM EST. 1895

K ATZ LECTURES

FALL 2015 ISSUE

Katz Lectures Explore IP Topics In Depth

K ATZ LECTURES 1, 4–5 PROGRAM NEWS 2, 9–14 IP SPEAKER SERIES 2 RECENT EVENTS 6–7, 14 UPCOMING IP EVENTS 14 SPECIAL FEATURE 15

IP Program Welcomes Dmitry Karshtedt

Judge Pauline Newman, U.S. Court of Appeals for the Federal Circuit, poses with past and present law clerks.

Federal Circuit History Explored in Fall 2014 Katz Lecture

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he GW Intellectual Property Law Program hosted the Honorable Pauline Newman of the U.S. Court of Appeals for the Federal Circuit for the fall 2014 edition of its bi-annual A. Sidney Katz Lecture. A longtime member of the court, Judge Newman led the audience of students and practitioners on a firsthand journey through the history of the Federal Circuit Court, including how it came into being.

In the 1970s, Judge Newman explained, the United States was suffering through a recession. Technology-based

industry was hard hit, and industrial research laboratories were conducting mass layoffs. In an effort to stimulate the lagging economy, President Jimmy Carter established a Domestic Policy Review of Industrial Innovation involving 30 federal agencies and many advisory groups from private industry, labor, universities, and public interest.

Judge Newman—a trailblazer for women who was already deep into a career that included earning a PhD from Yale in the 1950s and working in several scientific continued on page 4

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W Law recently hired a new patent law professor, Dmitry Karshtedt.

Professor Karshtedt attended Harvard University as an undergraduate and continued at Harvard to earn a master’s degree in chemistry. He earned a PhD in chemistry from UC Berkeley and received a JD from Stanford Law School, where he was Senior Symposium Editor of the Stanford Law Review and Dmitry Karshtedt winner of the Intellectual Property Student Writing Competition.

Professor Karshtedt practiced in the Patent Counseling and Innovation Group at Wilson Sonsini Goodrich & Rosati and clerked for the Honorable Kimberly A. Moore on the U.S. Court of Appeals for the Federal Circuit. He recently finished a fellowship at Stanford and already has six publications to his name. This year, he will teach Torts and Patent Law. n

IP SPEAKER SERIES

IP Speaker Series Continues Successful Tradition

Guido Westkamp

Donald Harris

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staple of GW Law’s Intellectual Property (IP) Program, the IP Speaker Series brings engaging and timely lectures and networking opportunities for students, alumni, faculty, and the larger IP community to GW Law. Last fall, several notable scholars and experts shared their work and projects with us.

Professor Guy A. Rub from The Ohio State University Moritz College of Law began the IP Speaker Series in September with his talk “Copyright and Contracts Meet and Conflict: Copyright Preemption of Contracts.” In October, Professor Sarah Burnstein from the University of Oklahoma College of Law discussed the costliness of design patents and whether it is as problematic as the literature would have us believe. In November, Professor Guido Westkamp from Queen Mary University of London discussed “Films in Schools and the Limits of the EU Copyright Approximation.” We also heard from Professor Yvette Joy Liebesman from Saint Louis University School of Law on the “Aiken” exception, which allows small businesses to play copyrighted music, and whether the exception still applies to new technologies.

During the spring 2015 semester, three additional speakers delivered presentations. In January, Professor Gregory Dolin, a former GW Law Frank H. Marks IP Fellow now at the University of Baltimore School of Law, spoke on “Dubious Patent Reform.” He provided empirical data and case-study-based evidence to show how the 2011 America Invents Act’s patent review process is open to abuse. In March, Professor Donald Harris from Temple University

Beasley School of Law discussed his paper “An Unconventional Approach to Reviewing the Judicially Unreviewable: Applying the Dormant Commerce Clause to Copyright.” In April, Professor Amy Kapczynski of Yale Law School talked about “The Limited Case for Penalizing Failures to Innovate.”

This fall, we will hear from the following three speakers.

Wednesday, September 23 W. Nicholson Price II, University of New Hampshire School of Law “Trade Secrets, Regulation, and the FDA” Noon–1:30 p.m., Student Conference Center, Second Floor, Lisner

Wednesday, October 14 Paul Gugliuzza, Boston University School of Law “Patent Trolls and Preemption” Noon–1:30 p.m.,Student Conference Center, Second Floor, Lisner

Wednesday, November 11 Stephanie Bair, Brigham Young University J. Reuben Clark Law School “Employee Creativity: To Promote the Progress of Science and Useful Arts in the Firm” Noon–1:30 p.m., Tasher Great Room, First Floor, Burns For more information about upcoming IP Speaker events, visit www.law.gwu.edu/ Academics/FocusAreas/IP/Pages/Events. aspx. The IP Speaker Series is made possible by a generous endowment from the Bureau of National Affairs. n

Gregory Dolin

Amy Kapczynski

Sarah Burnstein

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Guy A. Rub

Yvette Joy Liebesman

IP ABROAD

Summer 2015 in Munich

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W Law offers a four-week intellectual property law program in Munich, Germany, a vibrant city less than an hour from the Alps, known as Europe’s “Intellectual Property capital.”

During summer 2015, the program ran from June 29-July 24. The ABA-accredited program offers eight one-credit courses, from which students can choose up to four (two each session), as well as special lectures and visits to local IP institutions, such as the European Patent Office. This year’s curriculum included: • Federal Circuit (Professor Michael Goodman, GW Law)

Students relax at a beer garden in Munich for lunch.

• International Intellectual Property Exhaustion (Professor Dan Burke, University of California, Irvine School of Law) • Law of Software Contracts (Professor Gregory E. Maggs, GW Law) • Copyright and the Changing Role of the Copy (Professor Robert Brauneis, GW Law) • European Intellectual Property Law (Professor Christoph Ann, Munich Intellectual Property Law Center) • Chinese Intellectual Property Law (Professor Catherine Sun, China IP Limited) • Cross-Border Enforcement of Intellectual Property (Professor Marketa Trimble, University of Nevada, Las Vegas William S. Boyd School of Law) • IP and Global Entrepreneurship (Professor Yvette Joy Liebesman, Saint Louis University School of Law)

Students visit the German Patent and Trademark Office.

This year, 22 students attended the program, some coming from as far as Japan, Korea, and Brazil. The program is open to GW Law students, as well as to law or graduate students in other disciplines and practitioners from throughout the United States and the world. Class sizes are typically small, and students are able to take courses they may not ordinarily be able to take during the traditional academic year.

Past participants have provided glowing feedback: • “The program has been one of the most memorable experiences of my life, not only in terms of the immense learning that I underwent, but also in terms of personal development. The professors were outstanding and subjects were very interesting.”

• “I really enjoyed my experience in Munich. Overall, Munich was an excellent experience and something I get to talk about a lot during my interviews.”

• “The study visits were the best part. The speakers at the European Patent Office were really prepared and their presentations were interesting.”

Information about the 2016 Munich Summer Program will be available at www.law.gwu.edu/ munichsummerprogram n

INTELLECTUAL PROPERTY LAW PERSPECTIVES 3

K ATZ LECTURES

Katz Lectures from page 1

Judge Pauline Newman

research and policy roles—served as part of a subgroup tasked with retooling the patent system.

Her group made several recommendations that are still in effect today: the creation of a mechanism for returning patents to the Patent and Trademark Office, the institution of a maintenance-fee system, and the seeds of what eventually became the Bayh-Dole Act— a method for commercially licensing federally-funded research. But, as Judge Newman says, “the Federal Circuit was the most revolutionary of the Carter Commission’s proposals.”

She recalled that at first it seemed like the establishment of a specialized patent court would never make it through Congress due to political resistance. That all changed when renowned University of Virginia Professor Daniel J. Meador proposed combining two existing judicial bodies, the Court of Claims and the Court of Customs and Patent Appeals, and adding appellate patent jurisdiction.

Using this idea, the court’s detractors became its most ardent supporters, and the newly established Federal Circuit Court began operation in 1982. Its judges quickly threw out conflicting precedent of the regional courts of appeals and instead relied upon the previous work of its component courts.

Two years after the court’s creation, President Ronald Reagan nominated Judge Newman to the bench as its first new judge, where she has continued serving as one of its most respected members.

Having shared the history of the court’s creation, Judge Newman offered one final observation and a call to action.

“After these three decades of the Federal Circuit, I do think the law is in much better shape than when we started,” she said. “But I encourage you, I exhort you to know that the future is in your hands and to take control of the law.”

Spring 2015 Katz Lecture Offers Perspective on Patent Law

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he GW Intellectual Property Law Program hosted Q. Todd Dickinson for the spring 2015 edition of the A. Sidney Katz Lecture.

A former Under Secretary of Commerce for Intellectual Property and former Director of the U.S. Patent and Trademark Office, Mr. Dickinson shared stories about his varied background, addressed current patent issues, and speculated on the future of patent law in an informal conversation with Intellectual Property Advisory Board Associate Dean for Intellectual Property Law Studies John Whealan.

Mr. Dickinson began by giving a personal retelling of his roundabout path to entering intellectual property law and politics. As an undergraduate, he studied chemistry at Allegheny College

Q. Todd Dickinson (left) poses with two former Katz Lecture presenters: Terry Rea (center) and Don Dunner (right).

in Pennsylvania. While his friends were going off to medical school after college, he decided instead to attend law school, where he took a small seminar in patent law. Later in law school, he signed up for an independent study that used the patent

4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

bar examination as a final, and upon passing the exam, he received his first job out of school from the course’s instructor.

Politics came years later while Mr. Dickinson was working at an in-house position with Chevron. He started out in

K ATZ LECTURES

local politics after coming to the attention of Dianne Feinstein, the former mayor of San Francisco. He might have run for the Board of Supervisors position in San Francisco but took a chance and moved to Philadelphia for a Chief IP Counsel position. Reflecting on the decision, he offered students in the audience a piece of advice: “There come points in your life when you have tough decisions to make, and it’s never quite clear which path is exactly the right one to take,” he said. In Philadelphia, he continued in local politics—fundraising and starting clubs—and those activities led to increasing national political importance.

Eventually, Mr. Dickinson’s involvement and experience landed him on a short list of names for Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), where he presided over several years of rapid change. A few years and a presidential administration switch later, he left the USPTO and went on to serve as Chief IP Counsel of General Electric, Executive Director of the American Intellectual Property Law Association, and partner in two different law firms.

Mr. Dickinson and Dean Whealan discussed current issues in patent law, such as the Supreme Court’s recent interest in hearing cases in the field and legislation pending before Congress. On the legislative issue in particular, Mr. Dickinson provided unique insights based on his experience working on the America Invents Act, which became law in 2011, a complex law for which trade groups, in-house counsel, and hill staffers all sat down together to resolve disagreements over a short period of time.

The discussion closed looking toward the future. Among many topics, Dean Whealan asked about whether the current state of patent litigation may scare some groups and individuals away from filing, and Mr. Dickinson offered some hope of a positive resolution.

“Finding a balance is what our system is all about. It’s a very two-sided system.

It’s got to allow people to innovate while protecting at the same time, and striking that balance is tricky,” he said. He thinks that balance will be achieved, but that it

Former USPTO Director Q. Todd Dickinson discusses patent law’s present and future with Associate Dean John Whealan (left).

Participants at the spring 2015 Katz Lecture.

may take a large action such as a presidential commission.

Reflecting on this spring’s lecture, A.J. Sutton, JD ’14, said, “As a prominent figure in the IP community, [Mr. Dickinson’s] insight on current patent law trends was great to hear. He was also very down to earth and engaged the audience’s questions well. I have been to several Katz lectures now, and each time has been a great opportunity for GW alums in IP to reconnect, as well as stay up-to-date in our practice. GW’s IP law program is highly regarded in large part because of the strong community we have

here. The large number of IP events, like the Katz Lecture, certainly adds value to our community.”

The fall 2015 Katz Lecture is scheduled for October 21 and will be given by the Honorable F. Scott Kieff, Commissioner, U.S. International Trade Commission. n The A. Sidney Katz Lecture, given twice a year, was generously endowed by the late Sidney Katz, JD ’66, to bring prominent speakers in the intellectual property law field to the law school.

INTELLECTUAL PROPERTY LAW PERSPECTIVES 5

RECENT EVENTS

Microsoft Intellectual Property Law Institute

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or the past three summers, GW Law has hosted the Hispanic National Bar Association and the Microsoft Intellectual Property Law Institute.

This week-long immersion program brings together Latino law students from around the country to hear from some of the top IP practitioners in the country and to observe U.S. IP institutions at work firsthand. The program covers all necessary expenses for the 25 students selected. This year’s program took place at GW Law from May 31 to June 6 and included visits to the U.S. Court of Appeals for the Federal Circuit, the U.S. Copyright Office, the USPTO, the White House, and the U.S. International Trade Commission. For more information or to apply for 2016, please visit http://hnba. com/events/hnbamicrosoft-intellectualproperty-law-institute-ipli/ Students this year came from the following schools: • Loyola University, Chicago School of Law • University of San Francisco School of Law • American University Washington College of Law • Seattle University School of Law • Northwestern University School of Law • University of Missouri–Kansas City School of Law • UC Hastings College of the Law • St. Thomas University School of Law • Rutgers University School of Law • South Texas College of Law • Mercer University Walter F. George School of Law • Drexel University Thomas R. Kline School of Law • University of Utah S.J. Quinney College of Law

Twenty-five students were selected for the program.

Microsoft IPLI students engaged in lecture.

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• Brigham Young University J. Reuben Clark Law School • The George Washington University Law School • University of Miami School of Law • IIT Chicago-Kent College of Law • Capital University Law School • University of Florida Levin College of Law

• University of Oregon School of Law • Valparaiso University Law School • Samford University Cumberland School of Law n

RECENT EVENTS

GW Law CoSponsors Design Law Symposium

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n November 21, 2014, GW Law, together with Indiana University Maurer School of Law and law firms Banner Witcoff and Sterne Kessler, sponsored a design law symposium to present and foster debate on cutting-edge, design-related topics. The symposium began with a panel on Remedies, which was co-moderated by Associate Dean John Whealan, GW Law, and Robert Katz, Banner Witcoff. The panel featured Sarah Burnstein, University of Oklahoma College of Law; Natalie Hanlon-Leh, Faegre Baker Daniels; and Mark Janis, Indiana University Maurer School of Law. The panelists discussed the law of design patent remedies and addressed the practical impact they have on designs and the design patent system.

The second panel on Functionality discussed recent case law in all relevant arenas and whether any industrial designs satisfy the nonfunctional requirement for patentability of a design. The panel was moderated by Tracy-Gene Durken, Sterne Kessler. Panelists included John Cheek, Caterpillar Inc.; Michael Risch, Villanova University School of Law; Perry Saidman, Saidman Design Law; and Richard Stockton, Banner Witcoff.

GW Law Co-Hosts Patents in Telecoms Conference

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W Law and University College London’s Institute of Brand and Innovation Law, in partnership with Groupe Speciale Mobile Association and the European Telecommunications Standards Institute, hosted the first Conference on Patents in Telecoms at the George Washington University on November 6 and 7, 2014.

The third panel was moderated by Jason Du Mont, Indiana University Maurer School of Law. The four panelists were Christopher V. Carani, McAndrews Held & Malloy; Mark Charles, Proctor & Gamble; Elizabeth Ferrill, Finnegan Henderson; and Brian Hanlon, USPTO. The panelists considered the challenges technological advances have created, as well as the application of prior art in infringement litigation post Egyptian Goddess.

The day concluded with a town hall discussion led by two of the symposium’s sponsors, Tracy Durkin and Robert Katz.

The presenters discussed whether the design patent system is working, what changes are needed, and how any changes should be made. n

Panelist Perry Saidman (Saidman Design Law) was excited for the day to start.

The third panel discusses the challenges technological advances have created.

The conference was a unique gathering of industry, the judiciary, and regulators from the United States, Europe, and Asia and was chaired by Professor Sir Robin Jacob, the Sir Hugh Laddie Chair of Intellectual Property at University College London Faculty of Laws, and Professor Martin Adelman, Co-Director of the Dean Dinwoody Center for Intellectual Property Studies of GW Law. Panels at the conference included: • Overview of Standard Setting Organisations • Operators’ Panel • The Future Regulation of Telecoms • Manufacturers’ Panel

• FRAND Defences and How to Calculate FRAND • Injunctions Panel • Patent Buying and Selling • Patent Assertation Entities • Judges’ Panel The conference attracted speakers from the following firms and organizations: • Allied Security Trust • AT&T • Cisco • Clifford Chance LLP • Conversant • Court of Appeal, United Kingdom continued on page 14

INTELLECTUAL PROPERTY LAW PERSPECTIVES 7

PROGRAM NEWS

New Course On USPTO Post-Grant Proceedings

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W Law’s IP Program has created a new course, USPTO PostGrant Proceedings. The course is taught by Kevin B. Laurence and Scott McKeown. Both are partners in Oblon’s Post-Grant Patent Practice Group.

The new course provides an analysis of review proceedings and reexaminations for challenging the validity of a patent at the USPTO. Differences between

GW Law Hosts AIPLA Reception

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n October 23, 2014, the GW Law Intellectual Property Law Alumni Interest Group, the Intellectual Property Advisory Board, Associate Dean for Intellectual

these administrative proceedings and litigation are explored, as well as their interplay. Other administrative proceedings are covered as well, including interference and derivative proceedings. In addition, the course covers the options for patent owners to correct patents, including reissue and supplemental examination. The course also explores the legislative evolution that lead to the development of review proceedings, as well as the inspiration from foreign patent systems. n

Property Law Studies John M. Whealan, IP faculty, and friends gathered for a networking reception at the American Intellectual Property Law Association’s Annual Meeting. It was a great time for catching up, debriefing, and networking.

The event was held at the Marriott Wardman Park Hotel’s Stone’s Throw Restaurant and Bar in Washington, D.C. This year’s reception will be held on Thursday, October 22, 2015. n

Professor Don Clarke chats with two students during the AIPLA reception.

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Charles Mitchell Wins AIPLA’S Past Presidents Award

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harles Mitchell, JD ’15, was chosen for the 2015 AIPLA Past Presidents Award. The award is given to a student who exemplifies excellence in IP academic studies, is interested in pursuing a career in IP law, or has taken on a leadership role in IP-related student activities. Mitchell was nominated for his academic performance after achieving A-range grades in more classes than any other IP student. He received a perfect score on the Patent Appellate Practice Exam and was a runner-up in GW’s Giles Rich IP Moot Court Competition. As the winner of the Past Presidents Award, Mitchell received a cash award of $2,500 and an invitation to attend the 2015 AIPLA Annual Meeting.

This fall, he begins as an associate at Finnegan Henderson. n

Friends and alumni gather at AIPLA Reception.

PROGRAM NEWS

Student Awards for Excellence in IP

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t this year’s graduation ceremony, the following awards were bestowed on graduating GW Law students for achievements in the field of intellectual property law: American Bar Association/Bureau of National Affairs Award: Given to members of the graduating Juris Doctor class who demonstrated excellence in the study of intellectual property law.

Chetan Bansal Maxwell Hsu Scott T. Luan Christopher Ohslund Lauren Shinn Catherine Shroeder Dhruv Sud Na Xu

Chris Bartok Memorial Award in Patent Law: Given to members of the graduating Juris Doctor class who exhibited excellence in the study of patent law.

Nigel Fontenot John Pani

Peter D. Rosenberg Prize in Patent and Intellectual Property Law: Given to a member of the graduating Juris Doctor class who exhibited excellence in the study of patent and intellectual property law.

Charles Mitchell

Rothwell, Figg, Ernst & Manbeck Award: Recognizes the winning team of the on-campus Giles Rich Intellectual Property Moot Court Competition.

Ryan Hutzler (center) receives the Rothwell, Figg, Ernst & Manbeck Award, presented

by Dean Blake D. Morant (right) and Associate Dean John Whelan.

Finnegan Prizes in Intellectual Property Law: Given to the members of the graduating Juris Doctor or Master of Laws class who wrote the best publishable articles on an aspect of intellectual property law.

1st Place Jack DaSilva, “Forum Shopping Under the Patent Cases Pilot Program: Patent Litigation in a District Tailored to your Technology” 2nd Place Lauren Shinn, “YouTube’s Content ID as a Case Study of Private Copyright Enforcement Systems” 3rd Place Jason Mock, “Post-Grant Proceedings at the USTPO and the Rising Tide of Federal Circuit Appeals” n

Christopher Citro Ryan Hutzler

INTELLECTUAL PROPERTY LAW PERSPECTIVES Intellectual Property Law Perspectives is published by the Intellectual Property Law Program at the George Washington University Law School.

Questions or comments should be sent to: Associate Dean John Whealan jwhealan@law.gwu.edu 202.994.2195 George Washington University Law School Intellectual Property Law Program 2000 H Street, NW Washington, D.C. 20052 Kristen Pallmeyer Program Assistant kpallmeyer@law.gwu.edu 202.994.4692 Michael Goodman Frank H. Marks Intellectual Property Fellow mpgoodman@law.gwu.edu

Celebrating 150 years of GW Law’s rich history and anticipating its bright future

Connect with us: iplaw@law.gwu.edu www.law.gwu.edu/IP Search “GW Law IP” @GWIPLaw

INTELLECTUAL PROPERTY LAW PERSPECTIVES 9

PROGRAM NEWS

Giles Rich Moot Court Competition Successes

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he internal Giles Rich Intellectual Property Moot Court Competition Finals were held on January 15, 2015, in the Jacob Burns Moot Courtroom. Christopher Citro, 2L, and Ryan Hutzler, 4L, who represented the appellee, defeated Victoria Liu and

Charles Mitchell, both 3Ls, who represented the appellant, as decided by the final bench of Judge Kent Jordan, U.S. Court of Appeals for the Third Circuit; Judge Dee Benson, U.S. District Court for the District of Utah; and John Whealan, Associate Dean for Intellectual Property Law Studies.​Hutzler also won Best Overall Competitor and Best Oral Advocate. Liu was recognized as Best Brief Writer, Second Place.

Both teams then competed for the external Giles Rich IP Moot Court Competition Regional in Silicon Valley, CA, on March 13-15, 2015. Dean Whealan served as their coach. n

Winners and judges of the Giles Rich Competition (left to right): Christopher Citro, The Honorable Dee Benson, The Honorable Kent Jordan, Dean John Whealan, and Ryan Hutzler

Palo Alto Biennial IP Program Held

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W Law’s biennial intellectual property program was held in Silicon Valley in March 2015.

The program featured panels on current issues in intellectual property law and the debate on net neutrality. The keynote address on net neutrality was given by Marvin Ammori, a nationally recognized thought leader on this current hot topic.

In addition to GW President Steven Knapp, Law School Dean Blake D. Morant, Associate Dean for Intellectual Property Studies John Whealan, and Professor Robert Brauneis, more than 100 representatives of leading technology companies and law firms participated in the symposium. Several notable law school alumni served as symposium panelists, including Sanjeet Dutta, JD ’99, Partner, Steptoe Johnson; Michael Lee, JD ’99, Senior Director of Intellectual Property, Cisco Systems; Michael McKeon, JD ’96, Principal, Fish & Richardson; and Dana Rao, JD ’97, VP Intellectual Property, Adobe. n

The Intellectual Property Advisory Board meets in Palo Alto.

GW University President Steven Knapp (center) and GW Law Dean Blake D. Morant (third from right) attended the Biennial IP Law Program in Silicon Valley.

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PROGRAM NEWS

2015 IP Networking Fair

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n February 5, 2015, the law school’s Career Center held its 10th Annual Intellectual Property Networking Fair in GW’s Marvin Center Grand Ballroom. The following firms attended: • Alston & Bird • Baker Botts • Banner & Witcoff • Bookoff McAndrews • Cooley • Fiat Chrysler Automobiles U.S. • Finnegan • Fish & Richardson

2015 IP Symposium

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n May 12, 2015, GW’s Intellectual Property Law Program, together with law firm co-sponsors Pillsbury Winthrop Shaw Pittman LLP and Mayer Brown LLP, hosted its annual IP symposium, featuring notable speakers from a variety of administrative agencies, private practice, the judiciary, and academia to discuss hot topics and recent developments in patent law. The day kicked off with a keynote address by Sharon Israel, President of the American Intellectual Property Law Association. It was followed by four panels.

The first panel, Retrospective Review: Post-Issuance PTO Proceedings, was moderated by Jack S. Barufka of Pillsbury.

Panelists included Michael R. Fleming, Neifeld IP Law; David P. Ruschke, Medtronic Cardiac and Vascular Group; Robert Green Sterne, Sterne Kessler; and Vaishali Udupa, Hewlett-Packard.

The second panel, moderated by Alan M. Grimaldi of Mayer Brown, was called Tips and Trends: Litigating Patent Cases in the Federal Courts. Panelists included the Honorable Susan G. Braden, U.S. Court of Federal Claims; the Honorable

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Fitzpatrick, Cella, Haroer & Scinto Greenblum & Bernstein Harrity & Harrity Hogan Lovells U.S. Hunton & Williams Jones Day K&L Gates Kenyon & Kenyon Kirkland & Ellis Knobbe Martens Olson & Bear Kramer Amado Latham & Watkins Mayer Brown McKool Smith Morrison & Foerster Paul Hastings Paul, Weiss, Rifkind, Wharton & Garrison • Perkins Coie • Pillsbury Winthrop Shaw Pittman

Christopher J. Burke, U.S. District Court for the District of Delaware; and the Honorable George H. Wu, U.S. District Court for the Central District of California.

After a networking luncheon, the symposium resumed with the panel “What are the Next Frontiers: The Supreme Court and Federal Circuit Decision,” moderated by Andrew J. Pincus of Mayer Brown. The four panelists were: Ginger D. Anders, Office of the Solicitor General; Nathan Kelley, USPTO; Jeffrey A. Lamken, Molo Lamken; and Deanne E. Maynard, Morrison Foerster.

The symposium concluded with a panel moderated by James G. Gatto of Pillsbury on “Social Networking: Protecting Intellectual Property.”

• • • • • • • • • • • • •

Ropes & Gray Rothwell, Figg, Ernst & Manbeck Shearman & Sterling Sidley Austin Smith, Gambrell & Russell Steptoe & Johnson Sterne, Kessler, Goldstein & Fox Transportation Security Administration U.S. Department of Justice, Civil Division Weil, Gotshal & Manges White & Case WilmerHale Wilson Sosini Goodrich & Rosani

Those interested in attending next year’s networking fair should contact Katherine White in the Career Center, kwhite@law.gwu.edu. n

Panelists included Nicholas M. Beizer, GoDaddy; Linda V. Priebe, Culhane Meadows Haughian & Walsk; and Amy Yeung, ZeniMax Media Inc. n

Sharon Israel, President of AIPLA, begins the day with a keynote address.

Alan Grimaldi of Mayer Brown speaks with Judges Christopher J. Burke and George Wu about litigating patent cases in the federal courts.

INTELLECTUAL PROPERTY LAW PERSPECTIVES 1 1

PROGRAM NEWS

GW Co-Hosts WIPIP

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n February 6-7, 2015, GW Law co-hosted the annual Works in Progress Intellectual Property Colloquium (WIPIP) with the U.S. Patent and Trademark Office. Since its inception in 2003, the annual WIPIP Colloquium has grown to become one of the leading annual intellectual property conferences, particularly for research that is still in development and may benefit most from scholarly discussion. More than 100 IP professors came from all over the country to present their work. There were seven sessions of approximately one and a half hours, each with three to five presenters, over the two-day conference.

Attendees included: • Michael Abramowicz, George Washington University Law School • David Abrams, University of Pennsylvania • Martin Adelman, George Washington University Law School • Clark D. Asay, Brigham Young University J. Reuben Clark Law School • Jonathan H. Ashtor, Skadden, Arps LLP • Margo Bagley, University of Virginia School of Law • Stephanie Bair, Stanford Law School • Barton Beebe, New York University School of Law • Abraham Bell, University of San Diego • Jeremy Bock, University of Memphis School of Law • Robert Brauneis, George Washington University Law School • Annemarie Bridy, University of Idaho College of Law • Michael Burstein, Benjamin N. Cardozo School of Law • Sarah Burstein, University of Oklahoma College of Law • Brandon Butler, American University • Megan Carpenter, Texas A&M University School of Law • Leah Chan Grinvald, Suffolk University Law School

Participants in WIPIP present their work.

• Tuneen Chisolm, Campbell University Wiggins School of Law

• Elizabeth Townsend Gard, Tulane University

• Bryan Choi, New York Law School

• Alexandra George, UNSW Australia

• Kevin Collins, Washington University School of Law

• Deborah Gerhardt, University of North Carolina School of Law

• Jorge Contreras, University of Utah

• Shubha Ghosh, University of Wisconsin Law School

• Christopher Cotropia, University of Richmond School of Law • Rebecca Curtin, Suffolk University Law School • Christine Davik, University of Maine School of Law

• Sumity Ghost, Chowdhury & Georgakis, PC • Jim Gibson, University of Richmond School of Law • Franck Gloglo, Laval University

• Ben Depoorter, University of California, Hastings

• U. Shen Goh, York University Osgoode Hall Law School

• Mark H. DesMeules, ACG-Consultants

• Michael Goodman, George Washington University Law School

• Gregory Dolin, University of Baltimore • Christine Haight Farley, American University • Emily Fetsch, Kauffman Foundation • Roger Ford, University of New Hampshire School of Law • Michael Frakes, Northwestern University School of Law • Jeanne Fromer, New York University School of Law • Christopher Funk, Georgetown University Law Center • Stefania Fusco, DePaul University College of Law

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• Patrick Goold, IIT Chicago-Kent College of Law • Stuart Graham, Georgia Institute of Technology • Brad Greenberg, Columbia Law School • James Grimmelmann, University of Maryland • Paul R. Gugliuzza, Boston University School of Law • Stephen Gutierrez , Edward Elgar Publishing • Yaniv Heled, Georgia State University College of Law

PROGRAM NEWS

• Laura A. Heymann, William and Mary Law School

• Meurer, Michael J , Boston University School of Law

• Cynthia Ho, Loyola University, Chicago

• Shawn Miller, Stanford Law School

• Tim Holbrook, Emory University School of Law • Camilla Hrdy, University of Pennsylvania Law School • William Hubbard, University of Baltimore School of Law • Chris Hubbles, University of Washington

• Adam Mossoff, George Mason University • Xuan-Thao Nguyen, Indiana University McKinney School of Law • Lucas Osborn, Campbell University Wiggins School of Law • Kristen Osenga, University of Richmond School of Law

• Sigram Schindler, Technical University of Berlin & TELES Patent Rights International • David Schwartz, IIT Chicago-Kent • Victoria Schwartz, Pepperdine University School of Law • Joseph Scott Miller, University of Georgia Law School • Chris Seaman, Washington and Lee University School of Law • Sean B. Seymore, Vanderbilt Law School

• Chris Jackson, Kauffman Foundation

• Maayan Perel, University of Pennsylvania

• D.R. Jones, University of Memphis School of Law

• Aaron Perzanowski, Case Western Reserve University

• Peter J. Karol, New England School of Law

• Judge Plager, U.S. Court of Appeals for the Federal Circuit

• Dmitry Karshtedt, Stanford Law School

• Lucille M. Ponte, Florida Coastal School of Law

• Ted Sichelman, University of San Diego School of Law

• Nicholson Price, University of New Hampshire School of Law

• Jessica Silbey, Suffolk University Law School

• Noah Priluck

• Cathay Y. N. Smith, University of Denver Sturm College of Law

• Orin Kerr, George Washington University Law School • Jay P. Kesan, University of Illinois at Urbana-Champaign

• Nicole Shanahan, Stanford Law School Center For Legal Informatics • Jeremy Sheff, St. John’s University School of Law • Jacob S. Sherkow, New York Law School

• Scott Kieff, George Washington University Law School

• Srividhya Ragavan, University of Oklahoma College of Law

• Kamil Kiljanski, Economic Analysis Unit, European Commission

• Arti Rai, Duke University School of Law

• Daniel J. Klein

• Sarah R. Wasserman Rajec, William and Mary Law School

• Joseph Mtebe Tungaraza, The Open University of Tanzania

• Lisa Ramsey, University of San Diego School of Law

• Ofer Tur-Sinai, Ono Academic College (Israel)

• Jurgita Randakeviciute, Vilnius University; MIPLC

• Rebecca Tushnet, Georgetown University

• Amanda Reid, Florida Coastal School of Law

• Liza Vertinsky, Emory University School of Law

• Greg Reilly, California Western School of Law

• Greg Vetter, University of Houston

• Kate Klonick, Yale Law School Information Society Project • Scott Kominers, Harvard University • Sapna Kumar, University of Houston Law Center • Megan La Belle, Catholic University • Peter Lee, UC Davis School of Law • Mark Lemley, Stanford Law School • Celia Lerman, Stanford Law School • David S. Levine, Princeton University • Yvette Joy Liebesman, Georgetown University Law Center • Oskar Liivak, Cornell Law School • Deming Liu, Newcastle Law School of the United Kingdom • Glynn Lunney, Tulane University • Gregory Mandel, Temple University Beasley School of Law • Irina D. Manta, Hofstra University Maurice A. Deane School of Law • Jonathan Masur, University of Chicago Law School • WIlliam McGeveran, University of Minnesota

• Alexandra J. Roberts, University of New Hampshire School of Law • Zvi Rosen, Hofstra University Maurice A. Deane School of Law • Betsy Rosenblatt, Whittier Law School • Guy Rub, The Ohio State University Moritz College of Law • Sage Russell, American Association for the Advancement of Science • Rachel Sachs, Harvard Law School • Zahr Said, University of Washington • Andres Sawicki, University of Miami School of Law • Roger Schechter, George Washington University Law School

• Eva Subotnik, St. John’s University School of Law • Xiyin Tang, Yale Law School

• Saurabh Vishnubhakat, U.S. Patent and Trademark Office • Ari Waldman, New York Law School • Melissa Wasserman, University of Illinois College of Law • David Welkowitz, Whittier Law School • John Whealan, George Washington University Law School • Elizabeth Winston, The Catholic University of America Columbus School of Law • Felix Wu, Benjamin N. Cardozo School of Law • Joy Y Xiang, IIT Chicago-Kent College of Law • Peter Yu, Drake University Law School n

INTELLECTUAL PROPERTY LAW PERSPECTIVES 1 3

UPCOMING IP EVENTS • RECENT EVENTS

Upcoming IP Events SEPTEMBER Wednesday, September 23: IP Speaker Series W. Nicholson Price II, University of New Hampshire School of Law “Trade Secrets, Regulation, and the FDA” Noon – 1:30 p.m., Student Conference Center, Second Floor, Lisner OCTOBER Tuesday, October 13: IPR-CBM Roundtable Discussion Noon – 6 p.m., Faculty Conference Center, Fifth Floor, Burns Wednesday, October 14: IP Speaker Series Paul Gugliuzza, Boston University School of Law “Patent Trolls and Preemption” Noon – 1:30 p.m., Student Conference Center, Second Floor, Lisner Wednesday, October 21: A. Sidney Katz Lecture The Honorable F. Scott Kieff, Commissioner, USITC; (On Leave) Fred C. Stevenson Research Professor of Law; C-LEAF Director of Planning and Publications, GW Law 5:30 – 8 p.m., Faculty Conference Center, Fifth Floor, Burns

The Honorable F. Scott Kieff

Thursday, October 22: GW AIPLA Reception 5:30 – 7:30 p.m., Marriott Wardman Park, Stone’s Throw Restaurant and Bar, Chef’s Lounge Table 2260 Woodley Road, NW, Washington, D.C. 20008

NOVEMBER Thursday, November 5 – Friday, November 6, Patents in Telecoms Conference GW Law & University College London, in cooperation with ETSI and GSMA 8:45 a.m. – 4:45 p.m., Jack Morton Auditorium, 805 21st St, NW Wednesday, November 11: IP Speaker Series Stephanie Bair, Brigham Young University J. Reuben Clark Law School “Employee Creativity: To Promote the Progress of Science and Useful Arts in the Firm” Noon – 1:30 p.m., Tasher Great Room, First Floor, Burns Tuesday, November 17, The Christopher A. Meyer Memorial Lecture Robert Brauneis, Professor of Law and Co-Director of the Intellectual Property Program, GW Law 6 – 8 p.m., Faculty Conference Center, Fifth Floor, Burns

Professor Robert Brauneis

To confirm dates and times go to www.law.gwu.edu/Academics/FocusAreas/IP/Pages/ Events.aspx. n 1 4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Patents in Telecoms from page 7

• • • • • • • • • • • • • • • • • • • • • • • • • • • •

Court of Appeal, Holland Criterion Economics LLC Deusche Telecom Ericsson ETSI European Commission Federal Court, Australia FTI Consulting Google GSMA IBM Intel Intellectual Ventures KPN Microsoft NTT Docomo Nokia Siemens Network Patent Profit International Qualcomm Samsung NTT Docomo Nokia Siemens Network Shearman Sterling LLP Sisvel Swaine & Moore LLP Supreme Court of Germany Taylor Wessing LLP U.S. Court of Appeals for the Federal Circuit • U.S. Federal Trade Commission • U.S. International Trade Commission • Vodafone Conference highlights included an interview with Chief Judge Sharon Prost; two amazing panels with judges and regulators; and a “chat show” panel, where delegate questions were put to key players in the patents field.

The conference was so successful that it will be repeated on November 5 and 6, 2015. For information on this year’s conference go to: www.ucl.ac.uk/laws/ patents-in-telecoms-2015. n

SPECIAL FEATURE

Apple CEO Tim Cook Urges Graduates to Find Their ‘North Star’ Excerpted from GW Today article by James Irwin and Lauren Ingeno

A

broad smile broke across Tim Cook’s face as he finished his George Washington University Commencement address. Then, the Apple CEO extended his iPhone in front of his chest, camera lens facing out.

“Congratulations, Class of 2015,” he said. “I’d like to take one photo of you, because this is the best view in the world.”

With ceremonial trimmings and thoughtful remarks from speakers, members of the GW community gathered on a warm and humid morning to celebrate the end of the university’s 194th academic year. And with the Washington Monument at his back and an estimated 25,000 people in attendance, Mr. Cook, drawing on both personal anecdotes and historical figures—from Martin Luther King, Jr. and Ronald Reagan to Amelia Earhart and Miles Davis—urged graduates to have the audacity to challenge, and the courage to combine, their moral beliefs with their vocational aspirations.

“There are problems that need to be solved, injustices that need to be ended, people that are still being persecuted, diseases still in need of cure,” said Mr. Cook, who received an honorary degree. “No matter what you do next, the world needs your energy, your passion, your impatience with progress. History rarely yields to one person, but think and never forget what happens when it does.

“That can be you. That should be you. That must be you.”

A LIFE OF DISCOVERY AND INVENTION Stories of personal conviction and a quest for knowledge populated Mr. Cook’s 20-minute speech. He quoted from Dr. King’s

Apple CEO Tim Cook takes a photo of the graduating class following his Commencement address. (William Atkins/GW Today)

“Letter from a Birmingham Jail” and referenced Apple’s mission to equip consumers with the tools to connect the world. He recalled his first meetings with the late Steve Jobs in 1997 and how they changed his life.

In a particularly powerful moment, Mr. Cook recalled his first trip to Washington in 1977. After winning an essay contest as a high school student in Alabama, he was given the opportunity to meet Gov. George Wallace and President Jimmy Carter. The two men, Mr. Cook said, were from the same political party and served as governors of neighboring states, and yet, to Mr. Cook, they were at opposing ends of the moral spectrum. To Mr. Cook, who counted Dr. King and the late Robert F. Kennedy as his personal heroes, Gov. Wallace embraced the evils of segregation and exploited divisions between people.

“I was only 16, so I shook his hand, as we were expected to do,” he said. “But shaking his hand felt like a betrayal of my own beliefs. It felt wrong, like I was selling a piece of my soul.”

The differences between the two men, Mr. Cook said, provided him with an early glimpse of how a person’s inner compass leads them to the values they live by. Twenty years later, his first meeting with Mr. Jobs “upended all of my assumptions in the very best way.”

“In 1997 and 1998, Apple had been adrift for years, but Steve thought it could be great again,” Mr. Cook said. “His vision for Apple was a company that turned powerful technology into tools that would help change the world for the better.”

Mr. Cook’s sensibility gave him pause.

“I had studied to be an engineer and earned an MBA. I was trained to be pragmatic—a problem-solver,” he said. “Now I found myself sitting before and listening to this very animated 40-something guy with visions for changing the world. I always figured that work was work. Steve didn’t see it that way. He was an idealist. And in that way, he reminded me of how I felt as a teenager. In that first meeting, he convinced me that if we worked hard and made great products, we, too, could help change the world.”

Today, Mr. Cook considers Apple a resource for global good, helping connect those who are isolated by distance or disability.

People who witness injustice and want to expose it can do so, he said to cheers from the crowd, because they have a camera in their pocket all the time.

The world, he said, challenging the graduates, needs its next generation of citizen leaders to enter the arena.

“The process of discovering yourself, of inventing yourself or reinventing yourself, is about to begin in earnest,” he said. “Work takes on new meaning when you feel you’re pointed in the right direction—otherwise, it’s just a job. And life is too short for that.

We need the best and brightest of your generation to lead. You don’t have to choose between doing good and doing well. Find your North Star, let it guide you in life and work and in your life’s work.” n

INTELLECTUAL PROPERTY LAW PERSPECTIVES 1 5

Law School Intellectual Property Law Program 2000 H Street NW Washington, D.C. 20052

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