IPIL / HOUSTON
2016
UPCOMING EVENTS:
31st ANNUAL FALL IP INSTITUTE
SEPTEMBER 24 – 26, 2015
GALVESTON, TEXAS
22d ANNUAL FALL LECTURE
NOVEMBER 12, 2015
RUTH OKEDIJI (MINNESOTA)
HOUSTON, TEXAS
13th ANNUAL SPRING LECTURE
MARCH 24, 2016
MARK LEMLEY (STANFORD)
HOUSTON, TEXAS
2016 NATIONAL CONFERENCE
2015 IPIL NATIONAL CONFERENCE (SANTA FE, NM) PRESENTERS AND FELLOWS
L-R: LEAH CHAN GRINVALD (SUFFOLK), AMY LANDERS (DREXEL), LATEEF MTIMA (HOWARD), ERIC PRIEST (OREGON),
DANIEL GERVAIS (VANDERBILT), PATRICIA JUDD (WASHBURN), MARGARET CHON (SEATTLE), IRENE CALBOLI (TEXAS A&M)
PAUL M. JANICKE
CRAIG JOYCE
SAPNA KUMAR
JACQUELINE D. LIPTON
JUNE 4, 2016
SANTA FE, NEW MEXICO
RAYMOND T. NIMMER
GREG R. VETTER
TABLE OF CONTENTS
Dean’s Message ............................................................................................................................................................................................... 1
RaspBerry Specifications .................................................................................................................................................................. 2
A Learning Center at an International Crossroads .................................................................. 2
Degree Offerings ......................................................................................................................................................................................... 3
Principal Faculty .......................................................................................................................................................................................... 4
Affiliated Faculty .......................................................................................................................................................................................... 6
Adjunct Faculty .............................................................................................................................................................................................. 7
IPIL Courses Typically Offered .......................................................................................................................................... 8
IPIL: A Year in the Life
................................................................................................................................................................
10
National Conference (Santa Fe) ................................................................................................................................ 12
Fall Lecture .......................................................................................................................................................................................................... 14
Spring Lecture ............................................................................................................................................................................................... 15
RaspBerry Trade Secrets............................................................................................................................................................. 16
Sponsored Web Resources ................................................................................................................................................. 16
RaspBerry Copyright........................................................................................................................................................................... 17
RaspBerry Trademark .................................................................................................................................................................... 18
Special Events ............................................................................................................................................................................................... 18
Student Interests ..................................................................................................................................................................................... 19
RaspBerry Patent .................................................................................................................................................................................... 19
RaspBerry Information Law ............................................................................................................................................. 20
UH Law Center’s Legal Information Resources ........................................................................ 20
IPIL Missions .................................................................................................................................... Inside Back Cover
Contact Information .......................................................................................................... Inside Back Cover
Sponsors/Supporters ................................................................................................................................ Back Cover
Cover photos by
Scott Christopher Photography for IPIL
DEAN’S MESSAGE
The power of a legal education is seen in the skills and knowledge acquired to facilitate
the creative process, whether involving words written on a page or software programs
controlling a global communications network. Explosive developments in technology
and commerce are continuously transforming the laws of Intellectual Property and
Information Law.
The time is right to learn from the best, and the place to do that is here at the University
of Houston Law Center. Our Intellectual Property & Information Law Institute is
consistently ranked in the nation’s Top 10, according to U.S. News & World Report, and
is known throughout the world for the strength of its faculty, scholarship, curriculum,
and graduates. Students at the Law Center learn against the backdrop of Houston, the
nation’s fourth largest city, and benefit from the wealth of intellectual capital in the
area as the region thrives as an epicenter of business – domestically and in the global
marketplace.
Whether your interest lies in traditional areas of Intellectual Property Law – Patent,
Copyright, Trademark, Trade Secret – or the rapidly evolving field of Information Law –
Internet, software, electronic commerce, databases – IPIL/HOUSTON has what it takes
to help you realize your goal of a successful career in this growing field.
Please spend a few minutes reading about all we have to offer, and then come join us.
Leonard M. Baynes
DEAN, PROFESSOR OF LAW,
AND MEMBER,
IPIL AFFILIATED FACULTY
1
RASPBERRY
SPECIFICATIONS
PROCESSING SPEED: speed of light, squared
MEMORY: total recall
HARD DRIVE STORAGE: all the world’s libraries
E-MAIL CAPACITY: one gigadrupelet
BATTERY LIFE: life expectancy of user
WEIGHT: n/a (does not register on scale)
CONSTRUCTION: crushable Kevlar case (available in 256
colors, plus plaid)
SPECIAL FEATURES: issues personal checks, reminds
users to retrieve laundry, Eye-Link to DVD movies, EarLink to MSNBC, Nose-Link to The Food Network
The legal issues involving intellectual property and
information law are easily illustrated. Consider the
fictional case of the RaspBerry, the newest smart
phone developed by Happy-Berry Corp. (“H-B”). Lighter
than the cocktail napkin that framed its preliminary
design, RaspBerries are small enough to fit in your
hip pocket yet powerful enough to free you from desktop
bondage. After investing thousands of person-hours to
produce the RaspBerry, H-B is pleased as punch with the
fruit of its labors. But what if an unscrupulous micro-mimicker
seizes the secrets behind the market leader in smart phones?
Thanks to the H-B’s skilled team of IPIL specialists, the
outcome is guaranteed to be of another vintage.
For fun facts concerning RaspBerry’s fabulous features
(and the plenteous protections provided by intellectual property and
information law), see pages 16-20.
2
A LEARNING CENTER AT AN
INTERNATIONAL CROSSROADS
AS PART OF THE UH LAW CENTER, accredited by the American Bar Association,
the Institute for Intellectual Property & Information Law is located in one
of the largest and most diverse metropolitan areas in the United
States. Houston is among the top five markets in the
United States for IP & IL, with thousands of these
specialists working in corporations, law firms,
and universities. Indeed, the Houston Intellectual
Property Law Association is among the most
influential IP bar organizations in the country,
boasting many leaders of national IP groups
(including the American Intellectual Property
Law Association’s current president), along
with its active amicus and continuing legal
education activities.
In addition to world-class law firms serving
clients from Houston to Hong Kong and
from Silicon Valley to Singapore, Houston
hosts numerous multinational corporations
and organizations that generate intellectual
property: ExxonMobil, Shell, NASA, many
information technology companies, and
the distinguished institutions of the Texas
Medical Center are just a few. UH’s strong
presence in the region produces significant research
opportunities for faculty and students alike.
For more information on Houston, visit www.houstontx.gov.
DEGREE OFFERINGS
APPROXIMATELY THREE DOZEN COURSES RELATING TO IPIL ARE OFFERED
occurs during the fall and spring semesters only. For details about the LL.M.
REGULARLY at the UH Law Center. All of these courses answer the degree
Program, contact the LL.M. Coordinator at 713.743.2890 or llm@uh.edu, or visit
requirements for the Doctor of Jurisprudence (J.D.) degree, and most apply to the
www.law.uh.edu/llm.
Master of Laws (LL.M.) degree in intellectual property and information law.
VISITING STUDENTS
J.D. PROGRAM
Second- and third-year law
The UH Law Center offers both full-time and part-time programs leading to
students in good standing at an
the J.D. degree. J.D. candidates must complete 90 semester hours and can
ABA-accredited law school are
customize their curricula with intellectual property and information law courses
eligible to spend a semester at
that reflect their individual interests. Students interested in applying to the
the UH Law Center and to enroll
J.D. Program should contact the Office of Admissions for an application at
in its IPIL curriculum as well as
713.743.2280 or lawadmissions@uh.edu. Applications also can be accessed at
other upper-division courses.
www.law.uh.edu/admissions/apply-now.html.
Participants are accorded “visiting”
status and receive their law degrees
LL.M. PROGRAM
from their home schools. Students
The LL.M. Program provides an academic environment for practicing lawyers who
interested in visiting at the UH Law
wish to expand their knowledge of intellectual property and information law. Only
Center should contact the Office
a limited number of candidates are accepted for full-time or part-time studies,
of Admissions at 713.743.2280 or
and admissions are highly competitive. Applicants from the United States must
lawadmissions@uh.edu.
hold a J.D. degree or equivalent from a law school accredited by the American
IPIL Prof. Greg R. Vetter
Bar Association. Lawyers who hold law degrees from foreign countries must meet
TRANSFER APPLICANTS
academic and English-language standards for admission.
Students also have the option of applying for transfer to the Law Center. Transfer
admissions are highly competitive. First consideration is given to applicants who
LL.M. candidates must complete 24 semester hours of approved courses
have performed extremely well in their first year of law school. Applications with
(including a minimum of 15 hours of IP and IL study), with a qualifying cumulative
less than 22 graded hours will not be considered. Applicants must have completed
grade-point average. An optional thesis is available. Class scheduling and
all or most of the Law Center’s first-year required courses, which include Civil
availability vary from year to year. Most IPIL courses are offered in the fall and
Procedure, Constitutional Law, Contracts, Criminal Law, Property, Torts, and Legal
spring semesters. Generally, IPIL courses are not available in the summer. Both
Skills and Strategy. Successful applicants may transfer a maximum of 30 semester
full-time and part-time degree candidates are allowed a maximum of three
hours of credit, with hours rather than grades to be noted on their final UH Law
years for in-classroom work and completion of the thesis. Thesis supervision
Center transcripts. Transfer credit will not be awarded for any course in which the
student has earned lower than a “C.”
3
PAUL M. JANICKE
HIPLA Professor of Law
B.E.E., Manhattan College;
J.D., New York University;
LL.M., George Washington University
Professor Janicke is a recognized
expert in patent litigation. He clerked
at the U.S. Court of Customs & Patent
Appeals in Washington, D.C., from 1969
to 1971 before joining the intellectual property firm of Arnold, White
& Durkee, where he later served as managing partner. Professor
Janicke joined the UH Law Center faculty in 1992.
Subjects:
Patent Law, Patent Remedies and Defenses, Licensing & Technology
Transfer, Intellectual Property Survey, Intellectual Property
Advanced Topics Seminar, Military Law, and Evidence
Recent Scholarship includes:
Lake Michigan Water Diversion: A Brief Legal History (2014), at
www.watercases.org; The Patent Infringement Cases on Wastewater
Treatment in the Great Lakes Region (2014), at www.watercases.org;
An Interim Proposal for Fixing Ex Parte Patent Reexamination’s Messy
Side, 4 HLRe 43 (2013); The Judicial Panel on Multidistrict Litigation:
Now a Strengthened Traffic Cop for Patent Venue, 32 Rev. Litig. 497
(2013); Overview of the New Patent Law of the United States, 21 Tex.
Intell. Prop. L.J. 63 (2013); The Patent Malpractice Thicket, or Why
Justice Holmes Was Right, 50 Hous. L. Rev. 437 (2012); Modern
Patent Litigation (3rd ed. 2012); A Need for Clearer Language About
Patent Law, 11 J. Marshall Rev. Intell. Prop. L. 457 (2012); A
Commentary on the New United States Patent Law, 60 Gewerblicher
Rechtsschutz und Urheberrecht Internationaler Teil 887
(2011); Implementing the Adequate Remedy at Law: Relief Against
Ongoing Patent Infringement When an Injunction is Denied, 51
Idea: The Journal of Intellectual Property Law 163 (2011);
Venue Transfers from the Eastern District of Texas: Case by Case or
an Endemic Problem?, Landslide 16 (March-April 2010); Patent
Venue and Convenience Transfer: New World or Small Shift?, 11 N.C.
J.L. & Tech. On. 1 (2009); Die Reform des U.S. Patentrechts im Jahr
2007, 56 Gewerblicher Rechtsschutz und Urheberrecht
Internationaler Teil 791 (2007); Patent Jury Verdicts: Myths and
Realities, Intellectual Property Today ( July 2007) 18; Who Wins
Patent Infringement Cases?, 34 Aipla Q.J. 1 (2006); Four Key Points in
the Current Patent Reform Effort in the United States, 5 Icfai J. Intell.
Prop. Rts. 14 (Hyderabad, India, 2006).
For more information, visit Professor Janicke’s Web page
at www.law.uh.edu/faculty.
Andrews Kurth Professor of Law
B.A., Dartmouth College; M.A., Oxford
University; J.D., Stanford University
Professor Joyce is the lead author of
the widely used casebook, Copyright
Law (10th ed. forthcoming 2016).
His articles on copyright history and
doctrine have appeared in numerous
journals, including the Emory, Harvard, Houston, Michigan, UCLA,
and Vanderbilt law reviews, and are cited regularly by the federal
appellate courts. He edited The Majesty of the Law (2003) for
Supreme Court Justice Sandra Day O’Connor.
Besides his duties at the Institute for Intellectual Property &
Information Law since 1991, he has served as both Associate Dean
and Associate Dean for Graduate Studies & Special Programs. He
taught at the Institute on Chinese Law & Business in Beijing in
Summer 2011 and 2012.
Subjects:
Copyright, Advanced Copyright Seminar, American Legal History,
and Torts
Recent Scholarship includes:
Copyright Law (10th ed. forthcoming 2016) (lead author); Law
Review: The First Fifty Years of Hous. L. Rev. (2014); Copyright
Law (9th Ed. 2013, with Leaffer, Jaszi, Ochoa & Carroll); Enduringly
Great, 50 Hous. L. Rev. 1541 (2013); The Great Leap Forward, 50
Hous. L. Rev. 1255 (2013); Centered, 50 Hous. L. Rev. 1027 (2013);
Carry on Boldly, 50 Hous. L. Rev. 689 (2012); Driven, 50 Hous. L.
Rev. 257 (2012); The Statute of Anne: Yesterday, Today, and Tomorrow,
47 Hous. L. Rev. 779 and 1013 (2011); Intellectual Property in the
United States, in Oxford International Encyclopedia of Legal
History (S. Katz ed., 2009); multiple entries in Yale Biographical
Dictionary of American Law (R. Newman ed., 2009); A Unified
Theory of Copyright, by L. Ray Patterson & Stanley H. Birch, Jr.
(Craig Joyce ed. 2009), originally published in 46 Hous. L. Rev. 215
(2009); Copyright in Context, 44 Hous. L. Rev. 815 (2007); Lazy B
and the Nation’s Court: Pragmatism in Service of Principle, 119 Harv.
L. Rev. 1257 (2006); A Good Judge, 30 J. S. Ct. Hist. 100 (2006); A
Curious Chapter in the History of Judicature, 43 Hous. L. Rev. 325
(2005); “The Story of Wheaton v. Peters,” in Intellectual Property
Stories (Ginsburg & Cooper eds., 2005); The Majesty of the Law:
Reflections of a Supreme Court Justice (2003, hardcover
ed. 2003 & paperback ed. 2004) (written by Justice Sandra Day
O’Connor and edited by Professor Joyce).
For more information, visit Professor Joyce’s Web page
at www.lawuh.edu/faculty.
4
P R I N C I PA L
CRAIG JOYCE
SAPNA KUMAR
Assistant Professor of Law
B.S. (Mathematics), B.A. (Philosophy),
The University of Texas at Austin;
J.D., University of Chicago
Professor Kumar is a rising patent law
scholar currently working at the intersection
of public law and patents. She is also the
2012-2013 recipient of the Law Center’s
Faculty of the Year Award and the University’s Teaching Excellence
Award. From 2003 to 2006, she practiced intellectual property litigation
in Chicago at Kirkland & Ellis LLP and at Pattishall McAuliffe. She then
spent two years at Duke University Law School, where she was a faculty
fellow and part of the Center for Genome Ethics Law & Policy. While
at Duke, Professor Kumar taught a seminar in open-source software
licensing. After completing her fellowship, Professor Kumar clerked for
the Honorable Judge Kenneth F. Ripple on the U.S. Court of Appeals for
the Seventh Circuit.
Subjects:
Patent Law, Administrative Law, and Property
Recent Scholarship includes:
Regulating Digital Trade, 67 Fla. L. Rev. __ (forthcoming 2015); Gene Patents
and Patient Rights, 35 Whittier L. Rev. 363 (2014) (solicited essay); Life,
Liberty, and the Pursuit of Genetic Information, 65 Ala. L. Rev. 625 (2014);
The Accidental Agency?, 64 Fla. L. Rev. 229 (2013); Expert Court, Expert
Agency, 44 U.C. Davis L. Rev. 1547 (2011); The Bilski Decision: What Does It
Mean for the Future of Business Method and Software Patents?, Computer
L. Rev. Int’l (April 2010); 2009 Southeastern Association of Law Schools
Panel Discussion: An Uncomfortable Fit?: Intellectual Property Policy and
the Administrative State (with Murray, Mazzone, Travis & Abdelkhalik),
14 Marq. Intell. Prop. L. Rev. 441 (2010); The Other Patent Agency:
Congressional Regulation of the ITC, 61 Fla. L. Rev. 529 (2009); Proprietary
Science, Open Science, and the Role of Patent Disclosure: The Case of
Zinc Finger Proteins, 27 Nature Biotechnology 140 (2009) (with Rai,
Chandrasekharan & Valley); GPL Version 3’s DRM and Patent Clauses Under
German and U.S. Law, Computer L. Rev. Int’l (April 15, 2008) (with Koglin);
Synthetic Biology: The Intellectual Property Puzzle, 85 U. Texas L. Rev. 1745
(2007) (with Rai); Enforcing The GPL, 2006 U. Ill. J.L. Tech. & Pol’y 1.
For more information, visit Professor Kumar’s Web page
at www.law.uh.edu/faculty.
L FAC U LT Y
RAYMOND T. NIMMER
JACQUELINE D. LIPTON
Baker Botts Professor of Law
(on leave 2015-16, returning 2016-17)
B.A. (Melb.), B.A. (Hons.) (La Trobe), LL.B. (Hons)
(Melb.), LL.M. (Monash), LL.M. (Cantab.), Ph.D.
(Griffith), Ph.D. (Cantab.)
Professor Lipton is a recognized expert in the
fields of cyberlaw, intellectual property law, and
comparative/international commercial law. She
has served on the faculties of major research universities in Australia, the
United Kingdom, and the United States. Prior to that, she worked for two
major Australian commercial law firms, and also as in-house counsel at a
major Australian bank. She is the co-author of one of the leading cyberlaw
casebooks in the U.S. market as well as several sole-authored monographs
on digital technology and the law.
Subjects:
Internet Law, Trademark Law, International Intellectual Property Law, and
Data Privacy
Recent Scholarship includes:
GREG R. VETTER
Law Foundation Professor of Law
Dean Emeritus and Leonard H.
Childs Professor of Law
B.S.E.E., Missouri University of Science and
Technology;
M.S., University of Missouri-Kansas City;
M.B.A., Rockhurst University;
J.D., Northwestern University
B.A., J.D., Valparaiso University
Professor Nimmer is the author of
over 20 books and numerous articles.
Most recently, he has updated five
major treatises: The Law of Computer
Technology; Drafting Effective
Contracts; The Law of Electronic Commercial Transactions;
Information Law; and Modern Licensing Law. He is a frequent
speaker at programs worldwide in the areas of intellectual property,
licensing, business, and technology law. He was the Co-Reporter
of the Drafting Committee on Revision of U.C.C. Article 2 and
the Reporter of the Uniform Computer Information Transactions
Act (UCITA). He has been a consultant to the National Science
Foundation and the office of the Legal Advisor of the U.S. State
Department. He is listed in the International Who’s Who of
Internet and E-Commerce Lawyers, as well as Who’s Who in Law,
and as one of the Best Lawyers in America in numerous categories.
Subjects:
Information Law, Internet Law, Digital Transactions, and Commercial
Law
The Criminal Law of Intellectual Property (2 ed. forthcoming 2015,
with G. Moohr & I. Manta); The Right to be Forgotten: A Comparative Study
(forthcoming 2015 in Ky. L. J., with P. Sánchez Abril); Rethinking Cyberlaw
(2015); Derivative Works 2.0: Reconsidering Transformative Use in the Age
of Crowdsourced Creation, 109 Nw. U. L. Rev. 383 (2015, with J. Tehranian);
Copyright and the Commercialization of Fanfiction, 52 Hous. L. Rev. 425
(2014); A Taxonomy of Digital Borrowing: Copyright, Derivative Works and
Plagiarism in Self-Publishing, 24 Fordham Intell. Prop., Media & Ent. L. J.
951 (2014); Copyright, Plagiarism, and Emerging Norms in Digital Publishing,
16 Vand. J. Ent. & Tech. L. 585 (2014); Digital Video Streaming in the United
States Supreme Court: American Broadcasting Commission v. Aereo, 88
Australian L.J. 302 (2014); Speech for Sale: Commerce and Free Speech in
ICANN’s new gTLD Process, 87 Australian L.J. 24 (2013); Cyber-Bullying and
the First Amendment, 14 Fla. Coastal L. Rev. 99 (2012); Imperatives of Private
Arbitration in International Intellectual Property Disputes, 24 Singapore Acad.
L.J. 978 (2012, with M. Wong); Online Gripesite and ICANN’s new gTLD Process,
25 Intell. Prop. J. 195 (2012, with M. Wong); The Law of the Intermediated
Information Exchange, 64 Fla. L. Rev. 1337 (2012); Trademarks and Free Speech
in ICANN’s new gTLD Process, 38 Monash L. Rev. 188 (2012, with M. Wong);
Combating Cyber-Victimization, 26 Berkeley Tech. L.J. 1103 (2011); Bad Faith
in Cyberspace: Grounding Domain Name Theory in Trademark, Property, and
Restitution, 23 Harv. J. L. & Tech. 447 (2010) (selected as one of best IP
articles of 2010 and reprinted in Intell. Prop. L. Rev. 2011); Copyright’s
Twilight Zone: Digital Copyright Lessons from the Vampire Blogosphere, 70
Md. L. Rev. 1 (2010); Mapping Online Privacy, 104 Nw. U. L. Rev. 477 (2010)
(solicited for symposium edition); “We, the Paparazzi”: Developing a Privacy
Paradigm for Digital Video, 95 Iowa L. Rev. 919 (2010); Cyberspace Law,
Cases and Materials (3d ed. 2010, with R. Ku); Internet Domain Names,
Trademarks and Free Speech (2010).
The Law of Computer Technology (4th ed. 2009, updated
2015); Drafting Effective Contracts (2004, updated 2015, with
R. Feldman); The Law of Electronic Commercial Transactions
(2003, updated 2015, with H. Towle); Information Law (1996,
updated 2015); Modern Licensing Law (2014 ed., with J. Dodd);
The Misuse of Fair Use: Google Books and Other Transformative
Purpose Cases, Intellectual Property Law Institute 2014; Issues
in Modern Licensing of Factual Information and Databases, in
Research Handbook on Intellectual Property Licensing ( J.
De Werra ed., 2013); Interaction of Contract and Intellectual Property,
Intellectual Property Law Institute (David Bender & Robert P.
Taylor ed., 2012); Data Privacy, Protection and Security Law
(2012, with H. Towle); Content Creators, Social Media and Online
Protection, Intellectual Property Law Institute 2011; Information
Wars and the Challenges of Content Protection in Digital Contexts,
13 Vand. J. Ent. & Tech. L. 824 (2011); Copyright First Sale and the
Over-Riding Role of Contract, 51 Santa Clara L. Rev. 101 (2011);
Licensing of Information Assets: Cases and Materials (2d
ed. 2010); Uniform Computer Information Transactions Act, in 10
Uniform Commercial Code Series (W. Hawkland ed. 1932, Supp.
2010); Licensing Information Assets in the New Economy: A ProRights Perspective, Indian J. L. & Tech. (Bangalore, India 2008); An
Essay on Article Two’s Irrelevance to Licensing Agreements, 40 Loy.
L.A. L. Rev. 235 (2007); The Legal Landscape of Electronic Commerce:
Redefining Contract Law in an Information Era, 23 J. Cont. L. 10
(2007); Commercial Transactions: Secured Financing,
Cases, Materials, Problems (3d ed. 2003, with I. Hillinger & M.
Hillinger).
For more information, visit Professor Lipton’s Web page
at www.law.uh.edu/faculty.
For more information, visit Professor Nimmer’s Web page
at www.law.uh.edu/faculty.
Recent Scholarship includes:
Professor Vetter is a leading expert
on intellectual property as applied to
software and the business of software,
with particular emphasis on free and open source software. Prior to
law school, he gained extensive business expertise in software design,
management, and marketing through nine years of work experience
in the software industry. After several years in law practice, he clerked
for the Honorable Arthur J. Gajarsa on the U.S. Court of Appeals for
the Federal Circuit in Washington, D.C., before joining the Law Center
in 2002.
Besides his duties at the Institute for Intellectual Property & Information
Law since 2002, he has been an invited visitor teaching intellectual
property law at three other law schools in that time frame: University
of Texas at Austin School of Law (2006-07); University of Washington
School of Law (Fall 2010); Texas A&M University School of Law (Spring
2015).
Subjects:
Digital Transactions, Intellectual Property Survey, Intellectual Property
Advanced Topics Seminar, Internet Law, International Intellectual
Property, Intellectual Property Strategy & Management, Licensing,
Patent Law, Property, and Trademark Law
Recent Scholarship includes:
Intellectual Property Law (forthcoming 2015) (patent law chapters
author); Deleveraging the Software License in Health Information
Technology (work in progress); Are Prior User Rights Good for Software?,
73 Tex. Intell. Prop. L.J. 251 (2015); A Public Domain Approach to
Free and Open Source Software?, 75 Ohio St. L.J. Furthermore 8
(2014); Patent Law’s Unpredictability Doctrine & the Software Arts,
76 Mo. L. Rev. 763 (2011); Patenting Cryptographic Technology, 84
Chicago-Kent L. Rev. 757 (2010); Commercial Free and Open Source
Software: Knowledge Production, Hybrid Appropriability, and Patents,
77 Fordham L. Rev. 2087 (2009); Slouching Toward Open Innovation:
Free and Open Source Software (FOSS) for Electronic Health Information,
30 Wash. U. J.L. & Pol’y 179 (2009); Claiming Copyleft in Open Source
Software: What If the Free Software Foundation’s General Public License
(GPL) Had Been Patented?, 2008 Mich. St. L. Rev. 279; Open Source
Licensing & Scattering Opportunism in Software Standards, 48 B.C. L.
Rev. 225 (2007); Exit & Voice in Free & Open Source Software Licensing:
Moderating the Rein over Software Users, 85 Or. L. Rev. 183 (2006);
“Infectious” Open Source Software: Spreading Incentives or Promoting
Resistance?, 36 Rutgers L.J. 53 (2005); The Collaborative Integrity of
Open Source Software, 2004 Utah L. Rev. 563 (2004).
For more information, visit Professor Vetter’s Web page
at www.law.uh.edu/faculty.
5
AFFILIATED FACULTY
LEONARD M. BAYNES, Dean and Professor
of Law, B.S., New York University; M.B.A., J.D.,
Columbia University
Dean Baynes joined the Law Center in 2015,
bringing a national reputation as a communications
law scholar, with specializations in business, media,
and diversity issues. He has written more than 25
law review articles. His co-authored casebook,
Telecommunications Law: Convergence and
Competition, will appear shortly.
DARREN BUSH, Law Foundation Professor
of Law, B.A., California State University, San
Bernardino; Ph.D., J.D., University of Utah
Professor Bush previously served in the U.S.
Department of Justice’s Antitrust Division, with
attention to state deregulation of electric utilities
as well as mergers and anticompetitive conduct in
wholesale and retail energy markets. He teaches
Antitrust, Regulated Industries, Law & Economics,
and Administrative Law.
SETH CHANDLER, Law Foundation
Professor of Law, A.B., Princeton University; J.D.,
Harvard University
Professor Chandler is a leader in the emerging
scholarly discipline of law and computation, where
his scholarship uses computational modeling
to better understand such areas of interest as
insurance law, health law, economic analysis of law,
and contracts. At UH, he teaches Computational
Law, which includes various methods applied to
the effect and operation of IP law.
ANTHONY R. CHASE, Associate Professor
of Law, B.A., M.B.A., J.D., Harvard University
6
Professor Chase, a former telecom industry
executive, has served as Deputy Chairman
of the Regional Board of the Federal Reserve
Bank of Dallas, Houston Branch. He teaches
Communications Law, Entrepreneurship, and
Contracts at the Law Center, and also teaches in
the UH Bauer College of Business’s top-ranked
Entrepreneurship Program.
RICHARD F. DOLE, Bobby Wayne Young
Professor of Consumer Law, A.B., Bates College;
LL.B., LL.M., Cornell University; S.J.D., University of
Michigan
Professor Dole assisted in drafting both the
Uniform Trade Secrets Act and the Uniform
Deceptive Trade Practices Act. His recent
scholarship concerns remedies under the UTSA.
Professor Dole’s teaching interests include
Bankruptcy, Commercial Law, Creditors’ Rights, and
Unfair Competition.
MICHAEL A. OLIVAS, William B. Bates
Distinguished Chair in Law and Director,
Institute of Higher Education Law
& Governance, B.A., Pontifical College
Josephinum; M.A., Ph.D., Ohio State University;
J.D., Georgetown University
Professor Olivas, 2011 President of the AALS, is
the nation’s leading expert on higher education
law. A prolific scholar, his writings are cited in the
popular press and debated in academic institutions
across the United States. He teaches Education Law
and Legislation.
BARBARA EVANS, Professor of Law
and George Butler Research Professor and
Director, Center on Biotechnology & Law,
B.S.E.E.,University of Texas at Austin (with
Honors); M.S., Ph.D., Stanford University; J.D., Yale
Law University; LL.M., University of Houston
LAWRENCE F. PINSKY, Professor, Physics
Department, College of Natural Sciences
and Mathematics, University of Houston,
B.S., Carnegie Mellon University; M.A., Ph.D.,
University of Rochester;
J.D., LL.M., University of Houston
Dr. Evans’s research interests include genomic
and translational medicine, tissue banking, healthy
data privacy, and biotechnology regulation.
A member of the ABA Special Committee on
Bioethics, at UH she teaches Biotechnology and
the Law.
Dr. Pinsky’s specialties include experimental
particle physics, heavy ion physics, nucleon structure
functions, space radiation simulation, medium
energy physics, and charged particle detector
development. He is involved in projects at CERN,
BNL, NASA, and Fermilab. He teaches Internet Law
and Intellectual Property Survey.
PETER LINZER, Professor of Law, A.B.,
Cornell University; J.D., Columbia University
JESSICA ROBERTS, Associate Professor of
Law and Director, Health Law & Policy Institute,
B.A., University of Southern California; J.D., Yale
University
Professor Linzer has served as Reviser,
Corbin on Contracts (Interpretation), and
Editorial Reviser of the Restatement (Second)
of Contracts. In addition to advanced contract
drafting (including domestic and international IPrelated documents), he teaches Constitutional Law
and First Amendment, with research interests in
free speech rights and Internet neutrality.
GERALDINE SZOTT MOOHR, Alumnae
Professor of Law (Emerita), A.B., Cornell
University; J.D., Columbia University
Professor Moohr is one of the nation’s leading
scholars in federal criminal law, particularly fraud
and white collar crime, and is the author of the
path-breaking casebook, The Criminal Law of
Intellectual Property and Information.
Professor Robert’s research operates at the
intersection of health law and antidiscrimination
law. Her current projects explore the theoretical
implications of health-care reform, the formation
of genetic identity, and the antidiscrimination
protection of health-related information. Professor
Roberts teaches Introduction to Health Law,
Disabilities and the Law, and Genetics and the Law.
SPENCER SIMONS, Associate Professor of
Law, and Director, O’Quinn Law Library,
B.A., J.D., M.B.A. (Finance), Master of
Librarianship, University of Washington
Professor Simons’s professional background
includes over a decade in banking and financial
management, along with bankruptcy work as
an attorney. His academic career led him to the
directorship of the Law Center’s O’Quinn Law
Library in 2004. He currently teaches Accounting
and Finance for Lawyers, as well as Advanced Legal
Research.
ADJUNCT FACULTY
NATALIE ALFARO, Baker Botts L.L.P. B.S., University of Texas; J.D., University
of Houston Law Center
SHARON A. ISRAEL, Mayer Brown LLP. S.B. (Electrical Engineering),
Massachusetts Institute of Technology; J.D., M.B.A., Emory University
YOCEL ALONSO, B.A., University of Houston, University of Salamanca, Spain;
J.D., University of Houston
TERRIL G. LEWIS, Lewis & Reese, PLLC. B.S.E.E., University of Notre Dame;
M.E.E., Rice University; J.D., University of Houston; LL.M., George Washington
University
RAY ASHBURG, Electrolux North America. B.S., University of North
Carolina at Charlotte; J.D., Wake Forest University; LL.M., University of Houston
JUSTEN BARKS, Craft Chu PLLC. B.B.A., Belmont University; J.D., University
of Houston
JAMES BEEBE, GE Oil & Gas. B.S. (Chemical Engineering), Mississippi State
University; M.C.E., J.D., University of Houston
D.C. TOEDT, University of Houston Law Center Lecturer. B.A., J.D.,
University of Texas at Austin
HOLLY K. TOWLE, K&L Gates. A.B., Whitman College; J.D., University of
Washington
PAUL VAN SLYKE, Hoover Slovacek LLP. B.S. (Electrical Engineering), University
of Texas; J.D. Southern Methodist University Dedman School of Law
DAVID BENDER, Sc.B. (Applied Mathematics), Brown University; LL.B., University
of Pennsylvania; LL.M. (Patent Law), S.J.D. (Computer Law), George Washington
University
JEREMY WELCH, Schlumberger Technology Corp. B.A., Rice University;
J.D., University of Houston
NICOLE CÁSAREZ, University of St. Thomas. B.S., University of Texas at
Austin; J.D., University of Texas at Austin; M.A., University of Houston
COMPETITION COACHES
RONALD L. CHICHESTER, Ronald Chichester, P.C. B.S., M.S., University of
Michigan; J.D., University of Houston
JASON BEESINGER, Skadden, Arps, Slate, Meagher & Flom LLP. B.A.,
Texas A&M University; J.D., University of Houston
RUSSELL CHORUSH, Heim Payne + Chorush LLP. B.S., University of Texas
at Austin; M.S., Ph.D., Cornell University; J.D., University of Houston
ALLAN BULLWINKEL, Heim, Payne & Chorush LLP. B.S. (Computer
Engineering) Mississippi State University; J.D., University of Houston Law Center
RICARDO COLMENTER, Entra Consulting. J.D., UCAB Caracas Venezuela;
LL.M. (Intellectual Property & Information Law), University of Houston;
LL.M. (Intellectual Property and Human Rights), Raoul Wallenberg Institute,
Lund University
CARLYN BURTON, Osha Liang LLP. B.S., M.S., Emory University; J.D.,
University of Houston
ALI DHANANI, Baker Botts L.L.P. B.S. (Computer Science), J.D., University of
Houston
JEFF C. DODD, Andrews Kurth LLP. B.A., J.D., University of Houston
KATHY FRANCO, Blank Rome LLP. B.S., Massachusetts Institute of Technology;
J.D., University of Houston
VALERIE K. FRIEDRICH, JL Salazar Law Firm, PLLC. B.S., University of Texas
at Austin; Ph.D., University of California, Los Angeles; J.D., University of Houston
MARK HOOSE, Phillips 66. B.S., University of Illinois; J.D., George Washington
University Law School; LL.M., Georgetown Law
AFSHEEN DAVIS, Rackspace. B.S., Texas A&M University; J.D., University of
Houston
JOSH DAVIS, The Josh Davis Law Firm. B.S., Trinity University; J.D., University
of Houston
CHRISTOPHER McKEON, Arnold, Knobloch & Saunders, L.L.P. B.S., M.S.,
Texas A&M University; J.D., University of Houston
WILL SPROTT, Norton Rose Fulbright LLP, B.S. (Biomedical Engineering),
Tulane University; J.D., University of Houston
ALEXIS STEINBERG, Gonzales Saggio & Harlan, L.L.C. B.S., United States Naval
Academy; J.D., University of Texas at Austin
7
IPIL COURSES
ADVANCED TOPICS IN COPYRIGHT LAW SEMINAR provides students the opportunity for in-depth exploration of topics of interest to them, including technological, international, and historical
problems in the field of copyright law. 3 credits.
ADVANCED TOPICS IN SOFTWARE PROTECTION provides students with a holistic view of software protection, focusing on legal issues concerning the protection and transaction of computer
software, particularly with respect to trade secrecy, patent law, digital copyright, and licensing. 2 credits.
ADVERTISING AND MARKETING LAW covers both the law and commercial perspectives concerning the advertising and marketing industry. This survey includes treatment of issues from
consumer protection, privacy, trademark, business torts, constitutional law, copyright, privacy, and other areas of law important to advertising and marketing. 2 credits.
ANTITRUST LAW explores the law and economics of antitrust policy and the methods for enforcing antitrust policy. Emphasis is placed on the issues of monopolization, mergers, price fixing,
and state and local government actions impacting the competitive process. 3 credits.
ART LAW considers various national and international disputes involving the title and possession of works of art and cultural heritage. 2 credits.
BIOTECHNOLOGY AND THE LAW examines ethical, legal, and policy issues surrounding new medical technologies related to genetic information, including consideration of regulatory
frameworks to ensure appropriate incentives for research and commercialization of biotechnologies. 3 credits.
COMMUNICATION LAW examines regulation and policy concerned with various forms of mass media in the US, including radio and television as well as telecommunications regulations, law,
and policy. 3 credits.
COMPUTATIONAL LAW enables students to develop interactive models of legal issues or systems. Likely topics include decision theory, game theory, finance, statistics, network analysis, and
computational linguistics. 3 credits.
COMPUTER CRIME emphasizes the federal criminal laws, particularly the Computer Fraud and Abuse Act, but will touch upon relevant state anti-spyware laws as well. Other topics include
crimes related to corporate espionage, hacking, and misappropriation/infringement of intellectual property rights that involve a computer or a network. 2 credits.
CONSUMER LAW examines consumer law issues in both traditional and electronic/internet marketplaces, including an emphasis on the Texas Deceptive Trade Practices Act. 3 credits.
CONTRACT DRAFTING helps students prepare for drafting, reviewing, analyzing, explaining, and negotiating contracts. Typical contracts considered may include agreements involving
employment, leases, distribution, services, licenses, stock-options, change-of-control, arbitration, and/or settlements. 3 credits.
COPYRIGHT LAW deals with the protection of the works of human intellect (literature, music, art, computer programs, etc.) under U.S. Code Title 17. 3 credits.
CULTURAL PROPERTY covers topics in the protection of intangibles as they relate to knowledge generated by indigenous people around the world, and also considers issues concerning
knowledge derived from isolated populations. 2 credits.
DIGITAL TRANSACTIONS covers issues in software and online licensing, including the nature of remedies, warranties, and other obligations that arise from such transactions. 3 credits.
eDISCOVERY examines the increased impact of technology in the legal field, including significant changes in the way litigation, and specifically discovery, is handled. 3 credits.
ENTERTAINMENT LAW blends concepts and skills derived from intellectual property, contracts, and torts, with emphasis on recent Internet-based developments in the relevant entertainment
industries. 2 credits.
ENTREPRENEURSHIP examines entrepreneurship and specifically considers the challenges and strategies typically encountered in becoming a successful entrepreneur, with particular emphasis
on technology and the law relating to it. 3 credits.
FRANCHISE & DISTRIBUTION covers franchise regulation, disclosure, and registration, types of franchises, antitrust, unfair competition, trademarks, pricing, advertising, premises liability, and
contract law. 3 credits.
GENETICS AND THE LAW examines ethical, legal, and policy issues surrounding new genetic technologies. 3 credits.
INFORMATION PRIVACY LAW SEMINAR allows students to focus on such topics as privacy and the media, privacy and law enforcement, surveillance law and national security, health and
genetic privacy, associational privacy and anonymity, and privacy of commercial data. 2 credits.
8
TYPICALLY OFFERED
INTELLECTUAL PROPERTY ADVANCED TOPICS SEMINAR is a treatment of specialized subjects in intellectual property law. 3 credits.
INTELLECTUAL PROPERTY LAW SURVEY covers domestic intellectual property laws—patent, copyright, trademark, and trade secret—through statutes and cases, with attention to the needs
both of non-specialty students desiring a one-time overview of the basics of IPIL law and of soon-to-be IPIL specialists seeking more detailed study. 2 credits.
INTELLECTUAL PROPERTY STRATEGY AND MANAGEMENT examines the legal and managerial issues facing an intellectual property or information-based organization from its start-up phase
through either an initial public offering (IPO) or an acquisition by another firm. 3 credits.
INTERNATIONAL ENFORCEMENT OF INTELLECTUAL PROPERTY analyzes the enforcement of trademarks, patents, and copyrights beyond national boundaries. Special emphasis is placed on
differences and similarities between the diverse national intellectual property enforcement systems. 2 credits.
INTERNATIONAL INTELLECTUAL PROPERTY examines both international IP law itself and comparative aspects of IP law among major trading countries and regions of the world. 3 credits.
INTERNET LAW is a survey of legal issues arising from the rapid growth of Internet and other online communications. Coverage includes intellectual property, First Amendment, criminal, and
privacy issues. 3 credits.
INTERSESSION COURSES, taught during the winter break, consider a variety of currently topical subjects such as data security, database protection, and privacy, as well as issues posed by pending
and recently decided major cases. 1-2 credits.
LICENSING AND TECHNOLOGY TRANSFER examines techniques for licensing rights in technology and the ways of employing and transferring such rights. 3 credits.
LL.M. THESIS COURSE affords IPIL Master of Laws candidates the opportunity to produce thesis quality scholarship, under the supervision of IPIL faculty, in an area of intellectual property law
or information law. 3 credits.
PATENT LAW examines the substantive law of patents as a means for protecting inventive ideas. The course focuses on conditions necessary to obtain a patent, infringement, and enforcing patent
rights through patent litigation. 3 credits.
PATENT PROSECUTION considers substantive law and procedures governing the patent application process and emphasizes practical application of the rules to real-life situations. 2 credits.
PATENT REMEDIES AND DEFENSES studies issues commonly arising in modern patent litigation. The course examines necessary parties, remedies, and affirmative defenses. 2 credits.
PRIVACY AND DATA PROTECTION covers the basic principles of privacy and data protection law, including federal privacy statutes relating to surveillance, record-keeping, and health information,
as well as state privacy statutes, the privacy-related activities of the Federal Trade Commission, and the privacy law in the European Union. 2 credits.
PROCEDURE OF PATENT LITIGATION provides hands-on experience with issues that patent litigators face in day-to-day trial preparation, examining a hypothetical patent case from inception,
through the Markman hearing, to trial, with additional attention to the relationship between district courts and the Federal Circuit in patent litigation. 2 credits.
PROPERTY CRIME IN THE INFORMATION AGE melds two fields, criminal law and the law of information and intellectual property, with special focus on how the law protects information products
from unauthorized use facilitated by the Internet and digitization. 3 credits.
SPORTS LAW treats topics such as representation of the professional athlete in contract negotiations and endorsements, related intellectual property matters, the player-club contractual
relationship, anti-trust and collective bargaining issues in amateur and professional sports, and sports tort liability. 2 credits.
TAXATION OF INTELLECTUAL PROPERTY covers IP aspects of the Internal Revenue Code, including provisions that govern the development of intellectual property as well as international and
state tax ramifications. 2 credits.
TRADE SECRETS surveys the practical aspects of trade secrets as they relate to protection by contract and operation of law, relationships of the parties, public law constraints, adversarial
considerations, and licensing. 2 credits.
TRADEMARK AND UNFAIR COMPETITION considers the evolution and practice of trademark and related unfair competition law, with emphasis on litigation strategy. 3 credits.
VIRTUAL WORLDS examines models for virtual world law and government, with special emphasis on online contracts, intellectual property rights, gambling and gaming laws,
jurisdictional laws, privacy and publicity rights, and issues of computer security. 2 credits.
9
IPIL: A YEAR
2015 WORLD IP DAY
L-R: Armando Lichtenberger Jr. (La Mafia), Michael Olivas (IHELG),
Yocel Alonso (UHLC Adjunct Professor), Ezequiel “El Cheque” Gonzalez (Program Director,
Liberman Broadcasting, Inc.), and Justen Barks (UHLC Adjunct Professor/Craft Chu PLLC)
2014-2015
IPIL COLLOQUIA
DENNIS CROUCH, FALL LECTURER,
with ED FEIN (NASA), PAUL JANICKE, AND RONALD KATZ
DAVID ABRAMS
(PENNSYLVANIA)
SPONSORED
SCHOLARSHIP
GRANTS
(“SSGs”)
FROM IPIL
YVETTE JOY LIEBESMAN
SSG FOR THE LEGAL ACADEMY
YVETTE LIEBESMAN
Saint Louis University
School of Law
10
JORGE CONTRERAS
(UTAH)
STACEYCONTRERAS
LANTAGNE
JORGE
(MISSISSIPPI)
(UTAH)
FLORENCIA
MAROTTA-WURGLER
(NYU)
JOSEPH ROTH
SSG FOR FEDERAL CLERKS
Hon. Harry T. Edwards,
U.S. Court of Appeals
for the D.C. Circuit (2015),
Hon. Robert E. Bacharach,
U.S. Court of Appeals
for the Tenth Circuit (2016)
R IN THE LIFE
JEANNE FROMER, SPRING LECTURER,
with Craig Joyce and Lecture Gift
(Original Print of Justice Story’s Inaugural Dane Lecture)
L-R: SARAH BURSTEIN
(OKLAHOMA),
MARK McKENNA
(NOTRE DAME)
L-R: DAVID LEVINE
(ELON),
LEE ANN LOCKRIDGE
(LOUISIANA STATE)
LISA DOLAK
(SYRACUSE)
TED FIELD
(SOUTH TEXAS)
PAUL JANICKE AND
HON. BARBARA LYNN, KEYNOTE SPEAKER
(U.S. District Court, Northern District of Texas)
2014 FALL
IP INSTITUTE
IPIL/HOUSTON Professors Craig Joyce, Jacqueline Lipton,
and Greg R. Vetter with Sarah Burstein and Mark McKenna
SARAH HARRIS, GENERAL COUNSEL,
U.S. PATENT AND TRADEMARK OFFICE,
with Paul Janicke and Craig Joyce
2015 NATIONAL CONFERENCE
Inn and Spa at Loretto
Santa Fe, New Mexico
11
National Conference
Intellectual Property & Information Law in a Global Context
Conference Presenters
Irene Calboli
Amy Landers
Texas A&M University School of Law
Time to Say Local Cheese and Smile at Geographical
Indications of Origin?: International Trade and Local
Development in the United States
53 Hous. L. Rev. _____ (2015)
Drexel University School of Law
Patentable Subject Matter as a Policy Drive
53 Hous. L. Rev. _____ (2015)
Margaret Chon
Lateef Mtima
Seattle University School of Law
Tracermarks: A Proposed Information Intervention
53 Hous. L. Rev. _____ (2015)
Howard University School of Law
Copyright and Social Justice in the Digital Information
Society: “Three Steps” Toward Intellectual Property
Social Justice
53 Hous. L. Rev. _____ (2015)
Daniel Gervais
MODERATED WITH INTRODUCTION BY
Vanderbilt University Law School
Irreconcilable Differences? The Geneva Act of
the Lisbon Agreement and the Common Law
53 Hous. L. Rev. _____ (2015)
University of Houston Law Center
53 Hous. L. Rev. _____ (2015)
Greg R. Vetter
Fellows
Leah Chan Grinvald
Patricia Judd
Suffolk University Law School
Washburn University School of Law
Eric Priest
University of Oregon School of Law
12
Special Funding Acknowledgment
Data Foundry Colocation
• Giganews Usenet • Golden Frog Internet Technology
E-Commerce and Privacy
The Future of Patent Law
Considering Copyright
Trademark in Transition
38 Hous. L. Rev. 717 (2001)
39 Hous. L. Rev. 567 (2002)
40 Hous. L. Rev. 609 (2003)
41 Hous. L. Rev. 707 (2004)
Anita L. Allen • Trotter Hardy
Walter W. Miller, Jr. & Maureen A. O’Rourke
Raymond T. Nimmer • Chris Reed
Joel R. Reidenberg • Holly K. Towle
Paul M. Janicke
Mark D. Janis & Jay P. Kesan
Craig Allen Nard • Toshiko Takenaka
John R. Thomas
Craig Joyce • Hon. Jon O. Newman
William Patry • Hon. Richard A. Posner
Alan Story • Eugene Volokh
Alfred C. Yen
Graeme B. Dinwoodie
Stacey L. Dogan & Mark A. Lemley
A. Michael Froomkin • William M. Landes
J. Thomas McCarthy • Greg R. Vetter
Transactions, Information
and Emerging Law
42 Hous. L. Rev. 941 (2005)
Hon. Frank H. Easterbrook
Clayton P. Gillette
Robert W. Gomulkiewicz
Raymond T. Nimmer
Robert L. Oakley • R. Polk Wagner
Prior IPIL National
Conferences
2001 - 2014
Copyright in Context
44 Hous. L. Rev. 815 (2007)
Keith Aoki • Thomas F. Cotter
Craig Joyce • Roberta Rosenthal Kwall
Peter S. Menell • Neil W. Netanel
Intellectual Property in
International Perspective
Celebrating Copyright’s
tri-Centennial
Trademark: Today and
Tomorrow
46 Hous. L. Rev. 975 (2009)
47 Hous. L. Rev. 779 (2010)
48 Hous. L. Rev. 701 (2011)
Graeme B. Dinwoodie & Rochelle Dreyfuss
Cynthia M. Ho • Charles R. McManis
Jerome H. Reichman • Greg R. Vetter
Peter K. Yu
Oren Bracha • Ronan Deazley
Craig Joyce • Hon. Pierre N. Leval
David Nimmer • Catherine Seville
Dianne Leenheer Zimmerman
Ann Bartow • Barton Beebe
Craig Joyce • Greg Lastowka
Mark P. McKenna • Rebecca Tushnet
Pondering Patents:
First Principles and
Fresh Possibilities
Intellectual Property and
Information Law in the
Administrative State
50 Hous. L. Rev. 287 (2012)
51 Hous. L. Rev. 337 (2013)
ReCalibrating Copyright:
Continuity, Contemporary
Culture, and Change
:
6
1
Colleen V. Chien • Kevin Emerson Collins
Paul M. Janicke • Mark R. Patterson
Lee Petherbridge • Katherine Jo Strandburg
Greg R. Vetter
Adam Candeub • John F. Duffy
John M. Golden • Sapna Kumar
Arti K. Rai • Christopher S. Yoo
Patent Law in Perspective
45 Hous. L. Rev. 1031 (2008)
Rebecca S. Eisenberg • Paul J. Heald
Michael J. Meurer
Janice M. Mueller & Donald S. Chisum
Arti K. Rai • Greg R. Vetter
52 Hous. L. Rev. 417 (2014)
Olufunmilayo B. Arewa
Wendy Jane Gordon • Craig Joyce
Jacqueline D. Lipton • Lydia Pallas Loren
Thomas B. Nachbar
!
N
O
20 NG SO
I
M
O
C
For citations to specific articles, please contact Houston Law Review at www.houstonlawreview.org. No conference held in 2006.
13
ANNUAL FALL LECTURE
The Ronald A. Katz Lectures:
Made Possible by a Generous Gift
from Ronald and Madelyn Katz
2014 FALL LECTURE
Dennis Crouch (Lecturer), University of Missouri School of Law
Prior Lecturers
2013 Elizabeth A. Rowe, University of Florida Levin College of Law
2002Hon. Paul Michel, U.S. Court of Appeals for the Federal Circuit
2012 Hon. Jimmie Reyna, U.S. Court of Appeals for the Federal Circuit
2001 Ysolde Gendreau, Université de Montréal
2011 Robert Brauneis, George Washington University Law School
2000 Jerre B. Swann, Kilpatrick Stockton LLP
2010Jane Winn, University of Washington School of Law
1999Joseph Straus, Max Planck Institute for Innovation and Competition
2009Gregory N. Mandel, Temple University Beasley School of Law
1998 John R. Thomas, George Washington University Law School
2008 Margo A. Bagley, University of Virginia School of Law
1997 Hon. Nancy Linck, U.S. Patent and Trademark Office
2007Clarisa Long, Columbia University School of Law
1996Hon. Glenn Archer, Pauline Newman, and Edward Smith,
2006John F. Duffy, George Washington University Law School
2005 Dan L. Burk, University of Minnesota Law School
2004David J. Franklyn, University of San Francisco School of Law
2003 William F. Lee, Hale & Dorr LLP
14
U.S. Court of Appeals for the Federal Circuit
1995 Donald S. Chisum, Author, Chisum on Patents
1994 John Pegram, Davis, Hoxie, Faithfull & Hapgood LLP
ANNUAL SPRING LECTURE
The Baker Botts Lectures:
A Service and Tribute to Houston’s
Distinguished Intellectual Property and
Information Law Bar
2015 SPRING LECTURE
Jeanne Fromer (Lecturer), New York University School of Law
Prior Lecturers
2014 Julie E. Cohen
2010 Douglas Lichtman
2013 David McGowan
2009 William O. Hennessey
Professor of Law, Georgetown University Law Center
University of San Diego School of Law
Lyle L. Jones Professor of Competition and Innovation
Law and Director, Center for Intellectual Property Law &
Markets
University of San Diego School of Law
2012 R. Anthony Reese
Chancellor’s Professor of Law
University of California, Irvine School of Law
2011 Paul Goldstein
Stella W. and Ira S. Lillick Professor of Law
Stanford Law School
Professor of Law
University of California, Los Angeles School of Law
Professor of Law
University of New Hampshire School of Law
2008 Robert P. Merges
Wilson Sonsini Goodrich & Rosati Professor of Law
and Technology; Director, Berkeley Center for Law &
Technology UC Berkeley School of Law
2006 Hon. Arthur J. Gajarsa
United States Court of Appeals for the Federal Circuit
2005 F. Scott Kieff
Professor of Law
Washington University in St. Louis School of Law
2004 Jane C. Ginsburg
Morton L. Janklow Professor of Literary and Artistic
Property Law
Columbia University School of Law
2007 Joel R. Reidenberg
Professor of Law and Founding Director of the Center
on Law and Information Policy
Fordham University School of Law
15
TRADE SECRETS
RaspBerry prowess is preserved in the world’s smallest silicon
chip, code-named “Hamster.” Developed by nanotechnicians
at H-B, Hamster runs rings around the processing speeds of
competing chips. Are the inner workings of a RaspBerry,
known only to the corporation’s
cream of the crop, safe from
prying predators? Tradesecret protections found
in intellectual property
law ensure the value of
a company’s products
are secure. Instead
of spinning their
wheels in fear,
Hamsters can enjoy
their treadmill
workouts inside their
RaspBerries without
worrying about
interlopers trying
to crack
their case.
16
SPONSORED PATSTATS.ORG
Online Patent Litigation Statistics
PATSTATS.ORG tracks case outcomes for
40 commonly arising issues in modern U.S.
patent litigation. Offered as a free public
service for courts, scholars, and practitioners
of patent law, this resource provides
research information on decisions rendered
each quarter, from January 1, 2000 to the
present.
Prof. Paul M. Janicke
Decisions include the reported cases of the District Courts, the Court
of Federal Claims, and the International Trade Commission.
Reported and unreported Federal Circuit decisions also are
incorporated.
PATSTATS.ORG issues include Validity Decisions, Enforceability
Decisions, Procedural Defenses, Infringement Issues, Damages
Calculations, and Special Factors.
To view these materials, visit www.patstats.org.
WATERCASES.ORG
Spirit Over the Waters
WATERCASES.ORG is a website containing Professor Janicke’s two legal archival
libraries and a history article related to each. One library concerns the interstate
disputes over diversion of Lake Michigan’s water for use in wastewater removal
by Illinois. The second library is about the patent infringement cases of the 1920s
and 1930s brought by a British patent owner against the cities of Milwaukee and
Chicago. The patents covered the basic aspects of the activated sludge method
of wastewater treatment, now the dominant method used worldwide. The patent
applications were filed in the period 1914-1916. The site will be expanded as new
materials become available.
To view these materials, visit www.watercases.org.
WEB RESOURCES
IPINFOBLOG.COM
Contemporary Intellectual Property,
Licensing & Information Law
This site offers a continuing dialogue on
contemporary IP, licensing, and information law
issues, hosted by Professor Nimmer.
To participate in this blog, please visit www.ipinfoblog.com.
Prof. Raymond T. Nimmer
PROGRAM ON LAW AND
COMPUTATION
COPYRIGHT
Open almost any magazine aimed at high achievers, and
a miniature audio device immediately serenades you with
signature songs such as “RaspBerry Fields Forever” and “I
Found My Thrill On RaspBerry Hill.” Always one to play by
the rules, H-B checked chapter and verse before launching
its wildly successful advertising program – and properly paid
pretty pennies to compensate the copyright captains behind
the original tunes. Other smart phone makers attempting
to copycat H-B’s chords will get juiced by the law
of copyright – eventually expending a sheaf
of C notes to settle their
scores.
Applying Advanced Computational
Techniques to the Study and
Understanding of Law
The Program on Law and Computation studies
the ways in which advanced computation can
further the understanding of law. Its focus includes empirical methods,
statistics, finance, actuarial finance, game theory, decision theory,
network theory, computational linguistics, data mining, theories
of computation, artificial intelligence, machine learning, and the
economic analysis of law.
To learn more, please visit www.law.uh.edu/polac/homepage.asp.
17
TRADEMARK
Can using a RaspBerry actually regenerate your gray
matter? H-B’s ubiquitous television ads lead viewers to that
conclusion by depicting a human brain morphing into the
distinctive lobed logo found on every RaspBerry product.
Is the fruitful image of H-B’s labors ripe for the picking?
Trademark protections are an integral part of intellectual
property law, and statutes and case law are tart enough to
red-flag all rascally RaspBerry robbers.
SPECIAL EVENTS
SPECIAL EVENTS provide the opportunity for IPIL, other academic institutions, intellectual property
and information law practitioners, and the judiciary to focus on current issues and to explore
solutions for critical legal problems associated with creative expression and new technologies.
31ST ANNUAL INSTITUTE
ON INTELLECTUAL PROPERTY LAW
GALVESTON, TEXAS
This conference secures national experts to review
the latest developments and trends in intellectual
property and information law. IPIL offers this event in
cooperation with the Houston Intellectual Property Law
Association (HIPLA).
MOODY GARDENS PYRAMIDS
Galveston, Texas
IPIL HOSTS
LICENSING EXECUTIVE SOCIETY (LES) EVENT:
IP & LICENSING BASICS
The course is taught by both legal and
business experts to build practical understandings of
core IP and licensing concepts.
(L-R): D.C. TOEDT, UH Law Center Lecturer;
LOUISE LEVIEN, ExxonMobil Upstream Research Company;
JEFFREY WHITTLE, Hogan Lovells
IPIL HOSTS
ADMINISTRATIVE LAW WORKSHOP
This workshop, for professors in the first
ten years of their careers, provides an
opportunity for them to present their
work to senior administrative law scholars.
WORKSHOP ATTENDEES
with Hon. David Sentelle, D.C. Circuit
IPIL HOSTS 2015 WORLD IP DAY:
THE MUSICAL FLAVORS OF HOUSTON
An annual WIPO event typically held in collaboration with the
American Intellectual Property Law Association (AIPLA) and the
United States Patent and Trademark Office (USPTO).
18
DR. E. MICHAEL HARRINGTON (KEYNOTE),
Music Business Program Faculty Chair
at SAE Institute, Nashville, Tennessee
STUDENT INTERESTS
IPSO is the organization for students of intellectual property and
information law at the University of Houston Law Center. It promotes
awareness of intellectual property and information law issues at the
UH Law Center, provides networking opportunities among students
and intellectual property and information law practitioners in the
community, and collaborates with IPIL in carrying out its various programs.
See www.law.uh.edu/organizations/ipso.
STUDY ABROAD OPPORTUNITIES are available to Law Center students. The North American
Consortium for Legal Education (NACLE) at UH offers exchanges with member institutions in
Canada and Mexico. UHLC J.D. and LL.M. students also have traveled to Europe to exchange
ideas with counterparts from the Max Planck Institute in Munich and to tour the World
Intellectual Property Organization and the World Trade Organization in Geneva.
PATENT
Nothing jams faster than an inbox crammed with spam.
A filter built into every RaspBerry ferrets out unwelcome
or massive missives according to the “seed size” selected
by the user. Is the super sieve suitable for pithy patent
protection? Patents can shelter inventions that open the
door to a competitive advantage for a period of up to 20
years – enough time for RaspBerry users to can an entire
pantry of spam.
ANNUAL STUDENT COMPETITIONS
IP students of the Law Center participate in many competitions, both locally
and nationwide:
•
Giles S. Rich Moot Court Competition
•
Saul Lefkowitz Moot Court Competition
•
AIPLEF Jan Jancin Award
•ABA/BNA Award for Excellence in the Study of Intellectual Property Law
•
AIPLA Robert C. Watson Competition
•Federal Circuit Bar Association George Hutchinson Writing Competition
HOUSTON INTELLECTUAL PROPERTY LAW ASSOCIATION
HIPLA involves law students in a variety of its activities, including
sponsorship of events of student interest, complementary attendance
at professional monthly lunch presentations on intellectual property law
topics, and administering a scholarship program for students of IP law.
In addition, HIPLA offers student membership at nominal cost. See
www.hipla.org.
NANCY F. ATLAS HOUSTON IP INN OF COURT
The Houston IP Inn of Court includes in its mission participation by law students studying
intellectual property law. Law students who become members of the IP Inn have the chance
to participate in several dinners each year, and work with practicing IP attorneys as part of a
pupillage group which will present to the dinner audience a topic from intellectual property
or information law. See www.houstonipinn.org.
19
INFORMATION
LAW
Cookies managed by RaspBerries grant their
users special status on AmazonRainForest,
Yooreeka! and other popular web sites, and
H-B maintains a database that
documents the on-line preferences
of its customers. Who owns the
database? The U.S. Supreme
Court has held that data generally
cannot be copyrighted, but
new information law doctrines
are emerging to help protect
a company’s database
investments. The final
box score on these extrainning legal wrangles
should add big bark to
RaspBerry’s bytes – and
provoke a loud chorus
of Bronx cheers from
H-B’s razzing rivals.
20
UH LAW CENTER’S
LEGAL INFORMATION RESOURCES
LAW SCHOOLS ARE BUILT AROUND THEIR LIBRARIES.
The O’Quinn Law Library offers one of the region’s
leading legal research facilities.
With a combination of print and electronic resources,
the library supports the research needs of UH Law
Center students and faculty, with exceptional depth in
the IP, health law, tax, international law, and energy and
environment specialties of the Law Center. The Judge
Brown Admiralty Collection, Frankel Rare Books Library,
and U.S. Government Depository documents round out
the UH Law Center’s print collection.
The law library provides many specialized online databases, supplying
information not available in the popular legal research services or in print. The
integrated library system provides access to all the library’s print and online
resources, as well as the research collections of the UH Libraries. Above all,
our highly trained, service oriented lawyer librarians ensure that students and
faculty receive the full value of our exceptional legal research library.
CONTACT INFORMATION
IPIL MISSIONS
PROVIDE legal education of the highest quality in the fields of intellectual property
and information law to help prepare law students and lawyers for the challenges
of practicing law in a nationally and internationally integrated economy
ADVANCE the development of intellectual property and information law by promoting
and disseminating research by UH Law Center faculty and by sponsoring
excellence in IP and IL scholarship by others
SERVE Texas and the Nation by providing an internationally recognized center for the
exchange of ideas on intellectual property and information law
CONTRIBUTE to international cooperation among scholars and practitioners in these
University of Houston Law Center
Institute for Intellectual Property
& Information Law
4604 Calhoun Road
Houston, Texas 77204-6060
713.743.2180
www.law.uh.edu/ipil
ipil@uh.edu
University of Houston Law Center
J.D. Admissions
Office of Admissions
4604 Calhoun Road
Houston, Texas 77204-6060
713.743.2280
lawadmissions@uh.edu
University of Houston Law Center
LL.M. Admissions
Graduate Legal Studies Program
4604 Calhoun Road
Houston, Texas 77204-6060
713.743.2080
llm@uh.edu
ON-LINE APPLICATIONS:
www.law.uh.edu
fields from all nations
For further information about course offerings
and IPIL/Houston programs, please contact the
INSTITUTE FOR INTELLECTUAL PROPERTY
& INFORMATION LAW
at 713.743.2180 or by email at ipil@uh.edu.
0073054880
University of Houston Law Center
Institute for Intellectual Property & Information Law
4604 Calhoun Road
Houston, Texas 77204-6060
www.law.uh.edu/ipil
Sponsors/Supporters
THE INSTITUTE FOR INTELLECTUAL PROPERTY & INFORMATION LAW
at the University of Houston Law Center acknowledges the generosity of
the following sponsors and supporters:
Adolph Locklar
Akin Gump Strauss Hauer
& Feld LLP
Andrews Kurth LLP
Arnold, Knobloch & Saunders, L.L.P.
Baker Botts L.L.P.
Baker Hughes Incorporated
Blank Rome LLP
BMC Software
Boulware & Valoir
Bracewell & Giuliani LLP
Conley Rose, P.C.
Data Foundry Colocation
Dentons US LLP
Exxon Mobil Corporation
Giganews Usenet
Golden Frog Internet Technology
Greenberg Traurig, LLP
Heim, Payne & Chorush, L.L.P.
Katz Family Foundation Fund
Lexicon Pharmaceuticals
Locke Lord LLP
Mayer Brown LLP
McKool Smith
Nielsen IP Law LLC
Norton Rose Fulbright
Novak Druce Connolly
Bove + Quigg LLP
Osha Liang LLP
Porter Hedges LLP
Shell Oil Company
Shook, Hardy & Bacon LLP
Susman Godfrey LLP
Sutton McAughan Deaver PLLC
Thompson & Knight LLP
Total Petrochemicals USA, Inc.
Univation Technologies
Vinson & Elkins LLP
Meg Boulware • Ed Fein • Sarah Harris • Craig Joyce • Ronald and Madelyn Katz
Steve Koch • Irene Kosturakis • Bill LaFuze • Raul Montes • Scott Partridge
Peter Strand • Bill Walker • Russell Wong
The University of Houston is a Carnegie-Designated Tier One public research university and an EEO/AA institution.