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Cardozo Law Intellectual Property & Information Law Program

2013 IP Scholars Conference CARD OZO IP PRO GR AM R ANKED #1 IN N.Y. AND # 5 IN U.S.

Impact Events News U.S. Supreme Court Rules in Favor of Professor Daniel Ravicher’s Landmark Gene-Patenting Case

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C A R D O Z O I N T E L L E C T UA L P R O P E R T Y & I N F O R M AT I O N L AW P R O G R A M ( C I P I L P )


Talking Points U.S. Supreme Court Rules in Favor of Professor Daniel Ravicher’s Challenge to Gene Patents

Banner Year for Professor Susan Crawford Quest for High-Speed Internet Access for All Draws Praise The release of Susan Crawford’s widely praised new book Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age jumpstarted a big year for the Cardozo professor. She has been on the forefront of the debate over how to provide Americans with better access to high-speed Internet. • In June, Professor Crawford was named one of the

In June, the U.S. Supreme Court ruled in favor of Professor Ravicher’s landmark case against Myriad Genetics. The case invalidates patents on two genes associated with hereditary breast and ovarian cancer. Ravicher said that in the ruling, the Supreme Court determined there cannot be patent blocking on genetic diagnostic testing. He went on to say that the decision by the court will not prevent innovation in biotechnology, but it does mean, “Nature is not patentable.” “Genes are the foundation of life, they are created by nature, not by man, and that is why we asked the Supreme Court to make sure they are not controlled by corporations through the patent system,” Ravicher said. Justice Clarence Thomas wrote the opinion for the Court, which ruled that Myriad’s discovery of the precise location and sequence of the genes at issue, BRCA1 and BRCA2, did not qualify for patents. He wrote, “A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated.” The Court did say that manipulating a gene to create something not found in nature is an invention eligible for patent protection. That left the door open for other ways for companies to profit from their research.

Jim Fruchterman

Justin Hughes Instrumental in Negotiating International Treaty on Copyright Exceptions for the Blind On June 28, Professor Justin Hughes completed his work as chief negotiator for the United States at the World Intellectual Property Organization’s Diplomatic Conference in Marrakesh. Delegates from over 150 countries successfully concluded the “Marrakesh Treaty to Improve Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled,” the world’s first multilateral treaty on intellectual property exceptions and only the second multilateral treaty ever written for people with disabilities. The treaty is intended to improve access to published materials for the visually impaired by requiring copyright exceptions for the blind in national copyright laws and by establishing a framework for countries to exchange “accessible format copies”— copies of books in braille, digital braille, navigable audiobooks, and other formats that serve the blind. In the United States’ closing statement, Professor Hughes said “The United States believes profoundly, in the words of our Supreme Court, that copyright law is ‘the engine of free expression,’ but we are also committed to policies that ensure everyone has a chance to get the information and education they need and to live independently as full citizens in their communities.”

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most influential minds in tech by Time Magazine. In a May article, the New York Times wrote: “If you were going to look for ground zero in the fight against a rapidly consolidating telecom and cable industry, you might end up on the fifth floor of the Benjamin N. Cardozo School of Law in New York.” In April, the New Republic called Professor Crawford “The Next Elizabeth Warren.”

Introducing the Tech Start-Up Clinic Cardozo’s Intellectual Property program is ranked #1 in New York State and #5 in the nation. —U.S. NEWS & WORLD REPORT MAGAZINE

A NEW OPPORTUNITY FOR STUDENTS TO IMMERSE THEMSELVES IN IP LAW The Tech Start-Up Clinic will be a transactional legal clinic that will provide a range of legal services to new technology-based companies in New York City. It will expose Cardozo students to the myriad legal and business strategy challenges that start-ups face, and will give students hands-on experience with intellectual property, corporate, contract, tax, and labor and employment issues. The clinic will create an experience that takes students through the life cycle of an actual technology start-up, focusing on the various problems the company may encounter from formation through IPO, and beyond.

Major Events 2013

A Wide Range of IP Happenings

2013 Intellectual Property Scholars Conference On August 8 and 9, Cardozo hosted over 200 intellectual property law scholars from around the world for the 13th IP Scholars Conference. IPSC allows scholars to present their research in order to exchange ideas and benefit from the critique of colleagues. The format of the conference is designed to facilitate free-ranging discussion and to help scholars hone their works. Along with Cardozo’s Intellectual Property & Information Law Program, the Berkeley Center for Law and Technology at the UC Berkeley School of Law, the Center for Intellectual Property Law and Information Technology at the DePaul University College of Law, and the Stanford Program in Law, Science & Technology at Stanford Law School cosponsor the annual event.

Hundreds of IP scholars attended the conference.

The Indie Film Clinic On June 5, Cardozo’s Indie Film Clinic co-hosted a screening of La Camioneta and a Q&A with director Mark Kendall during the film’s U.S. theatrical release. Described by New York Times film critic Stephen Holden as a story of “resilience, regeneration, and artistic imagination,” the film follows a decommissioned school bus as it leaves the United States on its way to Guatemala, where it is resurrected as one of the many brightly-colored camionetas that bring the majority of Guatemalans to work each day. The film screened at the SXSW Film Festival in 2012, and was recently ranked near the top of Indiewire’s list of the Best Indie Movies of 2013.

It’s Not Your Father’s Music Publishing Business Anymore!

Distinguished Lecture in IP

This year’s GRAMMY Symposium focused on how music publishing is changing in a new media/new technology marketplace. The panel explored how and why publishers are increasing their interest in assuming the rights to master recordings.

Robert D. Cooter, the Herman F. Selvin Professor of Law and co-director of the Law and Economics Program at the University of California, Berkeley School of Law discussed “Innovation as Property and Culture.”

Annual Burns Senior Lecture in Intellectual Property David Nimmer, professor at the University of California, Los Angeles School of Law and counsel to Irell & Manella spoke on “Online Copyright Infringement: Grappling with Responsibility.”

The Cardozo Arts & Entertainment Law Journal is the #1 journal in the country for arts, entertainment and sports law and the #1 journal for intellectual property law in New York. —WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW

Cardozo-BMI Entertainment and Communications Law Moot Court Competition Does copyright’s “first sale” doctrine apply to imports sold in the United States?

Student Achievement in IP Law

Broadcast Music, Inc. (BMI) and Cardozo have held a premier moot court competition at the law school since 1987— attracting the brightest legal minds from around the country. The Hon. Joseph Greenaway, U.S. Court of Appeals for the Third Circuit; Hon. Laura Taylor Swain, U.S. District Court for the Southern District of New York; and the Hon. Milan Smith, U.S. Court of Appeals for the Ninth Circuit presided over the final round of the 29th Annual Cardozo/BMI Entertainment and Communications Law Moot Court Competition. This year’s competition asked moot court teams from around the country to consider whether copyright’s “first sale” doctrine applies to imports sold in the United States.

Cardozo Students Take First and Second Place in IP Writing Competition

Danielle Gorman ’13 Wins IP Writing Competition

SIPO-Cardozo Program

Danielle Gorman was selected as a winner in the New York State Bar Association’s Phil Cowan Memorial/ BMI Scholarship writing competition. Her paper, “A Red-Letter Year: Single Color Trademark Protection in the Fashion Industry,” explores the Louboutin v. Yves Saint Laurent cases.

A note by David Kurlander ’14, “Rebalancing Pay-For-Delay: Why the Hatch-Waxman Act Should Be Given More Weight in the Antitrust Analysis and What That Means for Reverse Payment Agreements,” won first place in the 2013 Honorable William Conner Intellectual Property Law Writing Competition, which is awarded by the New York Intellectual Property Law Association.

Erica Schwartz ’13 won second place in the competition for her article “Red with Envy: Why the Fashion Industry Should Embrace ADR as a Viable Solution to Resolving Trademark Disputes,” published in the Cardozo Journal of Conflict Resolution in fall 2012.

A unique collaboration with China, attracting dozens of intellectual property officials

On June 3, Cardozo hosted a symposium cosponsored by the State Intellectual Property Office of China (SIPO) and the U.S. Bar Liaison Council on emerging U.S.-China intellectual property issues. The program featured a keynote address by SIPO Commissioner Tian Lipu. Cardozo’s unique collaboration with SIPO attracts dozens of intellectual property officials who study at the law school each year, along with a delegation of regional patent enforcement officials who visit each fall to take part in an annual two-week intensive program in intellectual property law.

IP in Modern Culture Intellectual property is a central aspect of modern cultural discourse, and has increasingly become the focus of some of the United States’ most intense political debates. On April 8, Cardozo’s Arts & Entertainment Law Journal hosted a symposium on “Critical Legal Studies & the Politicization of Intellectual Property and Information Law.” The symposium focused on the increased politicization of IP and information law policy debates, the intersection of critical legal studies themes in IP scholarship, and the emergence of widespread public participation in debates on legislation affecting intellectual property.

From left, Dean Matthew Diller and SIPO Commissioner Tian Lipu.

Intellectual Property Faculty Course Offerings Advertising Law Antitrust and Intellectual Property Art Law Arts and Entertainment Law Journal Communications Law Copyright Law Cultural Heritage








Entertainment & Media Law

Michael Burstein is a scholar in the field of patent law. His research focuses on the institutional structures—both private and public—that shape innovation. He is interested primarily in the intersections between intellectual property and both corporate law and public law. Professor Burstein has previously written about the administrative structure of the U.S. Patent and Trademark Office. He is currently working on projects to clarify the law of patent standing, and to develop insights into how private and public sector actors can make use of prizes for innovation. Professor Burstein received a B.A. in Molecular Biophysics and Biochemistry, and Ethics, Politics and Economics from Yale University, and a J.D. magna cum laude from the New York University School of Law.

Susan Crawford is a prolific telecommunications policy expert. She recently authored Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age and regularly contributes to Bloomberg View and Wired. She served as special assistant to the President for Science, Technology, and Innovation Policy in 2009 and co-led the FCC transition team between the Bush and Obama administrations. Professor Crawford is a fellow at the Roosevelt Institute, where she leads the Institute’s work on making high-speed Internet access a universal, affordable resource for all, and a member of Mayor Michael Bloomberg’s Advisory Council on Technology and Innovation. As an academic, she teaches open government policy, Internet law, and communications law. Professor Crawford received her B.A. and J.D. from Yale University.

Brett Frischmann is the director of the Cardozo Intellectual Property and Information Law Program. His expertise is in intellectual property and Internet law, and in particular the relationships between infrastructural resources, property rights, commons, and spillovers. He recently published Infrastructure: The Social Value of Shared Resources, which garnered industrywide praise. The book devotes much-needed attention to understanding how society benefits from infrastructure resources, and how management decisions affect a wide variety of interests. Professor Frischmann is a prolific author, whose articles have appeared in the Columbia Law Review, Cornell Law Review, University of Chicago Law Review, and Review of Law and Economics. He holds a B.A. in Astrophysics from Columbia University, an M.S. in Earth Resources Engineering from Columbia University, and a J.D. from the Georgetown University Law Center.

From 2009 to September 2013 Justin Hughes served as undersecretary of commerce for intellectual property, in which he led many of the United States’ delegations at the World Intellectual Property Organization (WIPO) conferences. In 2013, Professor Hughes was chief negotiator for the U.S. at WIPO in Marrakesh, in which delegates concluded the world’s first multilateral treaty on intellectual property exceptions for people with disabilities. In 2012, he led the U.S. delegation at the WIPO conference in Beijing, which successfully adopted the “Beijing Treaty on Audiovisual Performances.” He was director of the Cardozo IP & Information Law Program from 2004 to 2008, and is the founder and faculty director of the law school’s Indie Film Clinic, the first of its kind. Professor Hughes received his B.A. from Oberlin and his J.D. from Harvard.

Monroe Price directs Cardozo’s Howard M. Squadron Program in Law, Media and Society, which has a strong focus on transnational studies and the application of new technologies. Professor Price, who was dean of Cardozo from 1982 to 1991, was founding director of the Program in Comparative Media Law and Policy at Wolfson College, Oxford; a member of the faculty of social science at the Institute for Advanced Study in Princeton; director of the Stanhope Center for Communications Policy Research; and chair of the Center for Media and Communications, Central European University. Among his many books are a treatise on cable television, Media and Sovereignty; and Television, The Public Sphere and National Identity. Professor Price graduated magna cum laude from Yale.

Daniel B. Ravicher is executive director of the Public Patent Foundation (PUBPAT) at Cardozo Law and a registered patent attorney who writes and speaks frequently on patent law and policy, including testifying as an invited witness before Congress on the topic of patent reform. In 2013, the Supreme Court ruled in favor of Professor Ravicher’s landmark case against Myriad Genetics. The case invalidates patents on two genes associated with hereditary breast and ovarian cancer. He has been labeled a modern day “Robin Hood” by Science and named one of “The 50 Most Influential People in IP” by Managing Intellectual Property in 2012 and 2013. Professor Ravicher received his J.D. from the University of Virginia School of Law and his B.S.C.E in materials science from the University of South Florida.

Felix Wu draws upon his doctoral degree in computer science in his research, particularly in recent work about the law and science of anonymization. He is also interested more broadly in the structure of speech and privacy rights, and the appropriate design of information regulation. His Cardozo conference “Anonymity and Identity in the Information Age” attracted leading scholars to analyze contemporary issues surrounding anonymity and technology. At the University of California, Berkeley, Pro fessor Wu was recognized with the Annual Review of Law & Technology Award for best note. His doctoral dissertation was on auction design, a topic on which he has also published articles. Professor Wu received his B.A. in computer science summa cum laude from Harvard and his J.D. and Ph.D. from the University of California, Berkeley.

Fashion Law Fashion Law Drafting Fashion Law Practicum First Amendment Governing in the Electronic Age IP Business and Transactional Law IP Colloquium International IP: Selected Topics Internet Law I Internet Law II Law of Surveillance Music, Copyright and the Intervention of Superior Rights Music Industry Contracts Patent Law Patent Law, Advanced Patent Law Practice Patent Practicum Privacy Law Seminar Social Media Law Sports Law Taxation of Intellectual Property Technology Licensing Agreements Technology Policy Seminar The Indie Film Clinic Trademark Law

IP Speaker Series

Intellectual Property & Information Law Colloquium: Guest Lecturers

Cardozo invites leading national and international scholars to visit the law school to discuss current research in intellectual property and information law. These works-in-progress lectures give students a sense of this rapidly changing area of law and scholarship. The goal is a freewheeling discussion among the speaker, Cardozo students, and our faculty.

Each year, Professors Brett Frischmann and Felix Wu teach an advanced Intellectual Property & Information Law Colloquium. In connection with the colloquium, Cardozo hosts six distinguished intellectual property and information law scholars to discuss their research with faculty, practitioners, and a select group of Cardozo students-the IPIL fellows. The colloquium offers an excellent opportunity to engage with cutting-edge scholarship and participate in discussions with faculty from Cardozo and elsewhere.

Sapna Kumar University of Houston September 11

Peter Menell University of California, Berkeley September 23

Oren Bracha University of Texas at Austin January 27

Michael Madison University of Pittsburgh Monday, February 10

Cynthia Ho Loyola University Chicago Monday, February 24

C. Scott Hemphill Columbia University October 2

Jerry Kang UCLA October 16

Gaia Bernstein Seton Hall University March 10

Annemarie Bridy University of Idaho March 24

Michael Risch Villanova University April 7

2013 Intellectual Property Brochure