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

INTELLECTUAL PROPERTY LAW

Perspectives

PROGRAM ESTABLISHED 1895

PERSPECTIVES

SPRING 2014 ISSUE

Scott Kieff Sworn in as ITC Commissioner

PERSPECTIVES  1 RECENT EVENTS  1–4 PROGRAM NEWS  5–7, 12 IP SPEAKER SERIES 8 ALUMNI AND STUDENT AWARDS 9 FACULT Y IN PRINT 10 UPCOMING EVENTS 11 STUDENT INTELLECTUAL PROPERT Y LAW ASSOCIATION 12

RECENT EVENTS

GW Holds Third Annual China IP Program

Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit administers the oath of office to Professor Kieff. His wife, Rebecca Gordon Kieff, JD ‘01, holds a bible owned by President Abraham Lincoln as well as two family bibles.

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n October 10 GW Law hosted a “Law in Action” panel presentation to celebrate the contributions of Professor F. Scott Kieff, Fred C. Stevenson Research Professor of Law, on the occasion of his swearing-in as a Commissioner of the U.S. International Trade Commission (USITC). The U.S. Senate confirmed Professor Kieff to be a member of the USITC by unanimous consent. The USITC is an independent quasi-judicial federal agency with broad investigative responsibilities on matters of trade. The mission of the U.S. International Trade Commission is to administer U.S. trade remedy laws within its mandate in a fair and objective manner; provide the President, the U.S.

Trade Representative, and Congress with independent, quality analysis, information, and support on matters relating to tariffs and international trade and competitiveness; and maintain the Harmonized Tariff Schedule of the United States. “Scott Kieff has spent his career working on issues related to international trade, in both the public and private sectors and in academia. He is well qualified to serve on the International Trade Commission,” Senator and Chairman of the Senate Committee on Finance Max Baucus said. “This committee will continue to move forward with an ambitious trade agenda, and we will look to the ITC to fairly and objectively enforce our trade laws.” continued on page 2

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n December 11 GW held its third annual China IP conference. The subject of this year’s conference was “Patents and Trade Secrets; a Public Discussion on how to Protect Technologies in China.” Donald C. Clarke, David Weaver Research Professor of Law at GW, moderated the first panel discussion,

continued on page 2

Panelists discuss issues raised at the conference

RECENT EVENTS • PERSPECTIVES

China IP Program from page 1

which included Chief Judge Randall R. Rader, U.S. court of Appeals for the Federal Circuit; Mark Cohen and Conrad Wong from the U.S. Patent and Trademark Office (USPTO); James Feinerman from Georgetown University Law Center; and Nguyen Xuan-Thao from Southern Methodist University (SMU) Dedman School of Law. The panel covered recent developments in China’s legal landscape after the Third Plenum of The Communist Party of China, which included the new leadership urging administrative accountability and transparency, proposed reforms advancing judicial transparency and independence, and changes in economic and industrial policy promoting a bigger role for market competition and less state engagement. The panel also touched on the establishment of specialized IP courts in China, IP-related legislative initiatives, and dynamic cooperation between China and the United States. The afternoon session began with a keynote discussion led by three distinguished speakers: Chief Judge Rader; David J. Kappos, former Under Secretary of Commerce for Intellectual Property and former Director of the USPTO; and Teresa Stanek Rea, former Deputy Under Secretary of Commerce for Intellectual Property and former Deputy Director of the USPTO. Participants at the afternoon patent roundtable discussed a number of issues including the “sufficiency of disclosure” issue concerning pharmaceutical patents filing, recent amendments to patent examination guideline removing barriers for graphical user interfaces (GUI) protection, changes toward substantive examination of utility model patents,

Kieff from page 1

Joining Professor Kieff at the ceremony were John M. Whealan, Intellectual Property Advisory Board Associate Dean for Intellectual Property Law Studies and former Deputy General Counsel for Intellectual Property Law and Solicitor at the U.S. Patent and Trademark Office; William E. Kovacic, Global

Co-moderators Mark Cohen (left) and John Whealan (center) lead the discussion

antitrust regulation issues, and IP litigation concerns in China. A second roundtable covered issues including scattered trade secrets regulations overdue for reform, trade secrets enforcement concerns in judicial proceedings, and increasing awareness among domestic industries of the importance of trade secrets protection. Featured speakers at the roundtables included Benjamin Bai (Allen & Overy), Robert Brauneis (GW Law), Stuart Chemtob (Wilson Sonsini), Tony Chen ( Jones Day), Poh Chua (Lee & Hayes), Donald Clarke (GW Law), Patrick Coyne (Federal Circuit Bar Association), Michael Diehl (Office of the U.S. Trade Representative), Kendra Ervin (U.S. Department of Justice), James Feinerman (Georgetown University Law Center), Dale Hoscheit (Banner & Witcoff ), Julia Howe (U.S. Chamber of Commerce), Jing He (Anjie Law Firm), Robert Katz (Banner & Witcoff ), Nancy Kremers

(Altitude8 IP), Katherine Linton (U.S. International Trade Commission), Benjamin Liu ( John Marshall Law School), Carl Minzner (Fordham University School of Law), Nguyen Xuan-Thao (SMU Dedman School of Law), Ryan Ong (U.S.–China Business Council), Jay Reiziss (Brinks Gilson & Lione), Chen Wang (Dupont), Michael Warnecke (Perkins Coie), Conrad Wong (USPTO), and David T. Yang (Morrison and Foerster). Both afternoon roundtables were moderated by Mark Cohen of the USPTO, and Associate Dean John Whealan. Special thanks to Mr. Cohen and Conrad Wong of the USPTO for their help in organizing and running this event, which drew more than 70 participants from academia, industry, the judiciary and administrative authorities, and private practice. Given the importance of IP issues in China, and the success of the conference, Mr. Cohen and Associate Dean Whealan plan to make this an annual event. n

Competition Professor of Law and Policy and Director of the Competition Law Center at GW, and former Chairman of the Federal Trade Commission; Jonathan R. Siegel, F. Elwood and Eleanor Davis Research Professor of Law and Special Counsel to the Administrative Conference of the United States; Spencer A. Overton, Professor of Law and former Principal

Deputy Assistant Attorney General at the Department of Justice, Office of Legal Policy; and Randall R. Rader, JD ’78, Professorial Lecturer in Law and Chief Judge of the U.S. Court of Appeals for the Federal Circuit. Video of the confirmation hearing is available at http://bit.ly/Kieff_confirm (beginning at 34:22). n

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RECENT EVENTS

Law Review Symposium on Patentable Subject Matter

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ach year the George Washington Law Review holds a symposium on a specific area of law, with submitted articles published in a single volume of the journal. This year’s symposium, “Cracking the Code: Ongoing § 101 Patentability Concerns in Biotechnology and Computer Software,” focused on patentable subject matter, a topic that is currently being debated before the U.S. Supreme Court. The morning panel focused on patentable subject matter as applied to biotechnology and life sciences. The panel was moderated by Charles Davis, JD ’13, former Editor-in-Chief of the Law Review, and included panelists Irene Calboli from Marquette University School of Law, Chris Holman from the University of Missouri–Kansas City School of Law, John Golden from the University of Texas School of Law, and Rebecca Eisenberg from the University of Michigan Law School. The second panel included a discussion by leading patent practitioners, and was moderated by Jeff Kushan, JD ’92, from Sidley Austin. The panelists included

Law Review Editor-in-Chief James Gross (right) introduces panelists

Hans Sauer, Associate General Counsel, Biotechnology Industry Organization; Bernard Knight, former General Counsel, USPTO; and Donald Dunner from Finnegan, who is also an adjunct faculty member at GW. The Honorable Paul R. Michel, former Chief Judge, Court of Appeals for the Federal Circuit, delivered the keynote address. The afternoon panel focused on software patent eligibility. It was moderated by Brian Kacedon from Finnegan and included panelists Tun-Jen Chiang from George Mason University School of Law, Mark Lemley from Stanford University

Law School, and Kristen Jakobsen Osenga from the University of Richmond School of Law The symposium was organized entirely by students from the Law Review. Special recognition goes to James Gross, Editor-in-Chief, and James Altman, Senior Projects Editor, who led the team that organized the event. Look for articles from the symposium in an upcoming issue of the Law Review. The Law Review symposium for next year will focus on the 100th anniversary of the Federal Trade Commission and is planned for November 2014. n

Microsoft Chief IP Counsel Gives Fall Katz Lecture

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n October 23 Horacio Gutiérrez, Corporate Vice President and Deputy General Counsel at Microsoft, delivered the fall 2013 A. Sidney Katz Lecture. The lecture, held twice a year at the law school, is made possible through the generous support of the A. Sidney Katz Intellectual Property Lecture Fund. Mr. Gutiérrez spoke about intellectual property as it relates to software innovation. n Horacio Gutiérrez

INTELLECTUAL PROPERTY LAW PERSPECTIVES 3

RECENT EVENTS

GW Hosts Copyright Events

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n October 8 GW Law and the D.C. Chapter of the Copyright Society of the U.S.A. hosted Howard Berman, former U.S. Representative for California’s 28th Congressional District, for a “Conversation on the Past and Future of Copyright Legislation.” Rep. Berman, who served in Congress from 1983 to 2013, discussed everything from the Betamax decision in 1984 to moral rights under the Berne Convention. He stressed that the legislative landscape in copyright is more contentious now than in the past, largely as a consequence of digital

Maria Pallante, JD ‘90, Register of Copyrights, poses with Michael Klipper of Meyer & Klipper (left) and Professor Robert Brauneis

Francis Gurry, Director General of WIPO (right), talks with attendees after his lecture

technology. The webcast of the program is available at http://bit.ly/HBerman. On November 20 Maria A. Pallante, Register of Copyrights, delivered the 11th Annual Christopher A. Meyer Memorial Lecture on “The Next Generation Copyright Office: What It Means and Why It Matters.” The event was co-sponsored by the Copyright Society. Pallante’s discussion of the evolving role of the Copyright Office in the digital age included statistics on the growth of the copyright industries (which currently constitutes more than six percent of total U.S. GDP), a call for revisiting the issue of copyright recordation, and the place of technology such as e-books in the more than 4,000 percent growth of IP markets since the last revision of the Copyright Act. The Meyer Lecture is sponsored by Meyer, Klipper, & Mohr PLLC.

On November 21 GW Law hosted Francis Gurry, Director General of the World Intellectual Property Organization (WIPO), in an overview of the evolution of IP policy and how WIPO’s work program identifies policy responses to the fast-shifting IP landscape. In a rare U.S. speaking appearance, Gurry discussed recent WIPO accomplishments, such as a treaty for the rights of audio-visual performers and access to copyrighted material for the visually impaired, and issues for future attention, including a call for placing innovation at the center of the international economic agenda, the shift in global IP focus from west to east, the need for multi-lateral contributions and a design convention, and a call to address traditional knowledge. n

GW Law AIPLA Reception

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n October 24, 2013, the GW Law Intellectual Law Property Alumni Interest Group, the Intellectual Property Advisory Board, Associate Dean John M. Whealan, and 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. Be sure to check the GW IP Law website for information on this year’s reception. n

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Alumni and friends gather at the AIPLA reception

PROGRAM NEWS

Program News Three New Members Join IP Advisory Board The Intellectual Property Advisory Board (IPAB) is pleased to welcome the following new members: He Jing AnJie Law Firm R. Paul Zeineddin Zeineddin PLLC Matthew Zinn TiVo Inc.

The IPAB includes alumni, government officials, and representatives of leading IP law firms and corporations (IP Benefactors). The IPAB is lead by Professor Robert Brauneis and Associate Dean John Whealan. Current IPAB members include: Michael J. McKeon, JD ’96 (Chairman) Fish & Richardson, PC C. Larry O’Rourke, JD ’71 (Chairman Emeritus) Arlir M. Amado, JD ’99 Kramer & Amado, PC Robert Auchter, JD ’93 McKool Smith Jack S. Barufka, LLM ’96 Pillsbury Winthrop Shaw Pittman, LLP N. Thane Bauz, LLM ’92 Perkins Coie, LLP Brian Brunsvold, JD ’67 Q. Todd Dickinson American Intellectual Property Law Association Richard L. Donaldson, LLM ’73 Donald R. Dunner Esq. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Antonio Dutra, JD ’07 The Bureau of National Affairs, Inc Steven E. Feldman, JD ’95 Husch Blackwell, LLP Maximillian A. Grant Esq. Latham & Watkins, LLP Alan Grimaldi Esq. Mayer Brown, LLP Horacio Gutiérrez Esq. Microsoft Corporation Lawrence Horn Esq. MPEG LA, LLC

Jesse J. Jenner Esq. Ropes & Gray, LLP

B. J. Watrous Esq. Apple Inc.

He Jing AnJie Law Firm

Michael O. Warnecke, JD ’67 Perkins Coie, LLP

Lewis C. Lee, JD ’91 Lee & Hayes, PLLC

Rafik P. Zeineddin, JD ’99 Zeineddin, PLLC

Michelle Lee U.S. Patent and Trademark Office, Silicon Valley Office

Matthew Zinn, JD ’89 TiVo Inc.

Otto B. Licks, LLM ‘95 Licks Advogados

FACULTY LEADERSHIP

Steven Lieberman Esq. Roghwell, Figg, Ernst and Manbeck, PC Don W. Martens, JD ’63 Knobbe, Martens, Olson & Bear, LLP Suzanne Michel Esq. Google, Inc. Gerald J. Mossinghoff, JD ’61 Oblon Spivak, McClelland, Maier & Neustadt, LLP John Murnane, JD ’79 Fitzpatrick, Cella, Harper, & Scinto Raymond P. Niro, JD ’69 Niro, Scavone, Haller & Niro, Ltd. Ralph Oman George Washington University Law School Maria A. Pallante, JD ’90 U.S. Copyright Office Marybeth Peters, JD ’71 Oblon, Spivak, McClelland, Maier & Neustadt, LLP Frank Pietrantonio, JD ’85 Cooley, LLP Louis T. Pirkey, JD ’64 Pirkey Barber, LLP The Honorable Randall R. Rader, JD ’78 U.S. Court of Appeals for the Federal Circuit James R. Sims III, JD ’86 Morgan, Lewis & Bockius, LLP Donald E. Stout, JD ’72 Antonelli, Terry, Stout & Kraus, LLP J. Rodman Steele, JD ’71 Duane Morris, LLP

Robert Brauneis George Washington University Law School John Whealan George Washington University Law School n

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: John Whealan jwhealan@law.gwu.edu 202.994.2195 The George Washington University Law School Intellectual Property Law Program 2000 H Street, NW Washington, D.C. 20052 Connect with us: iplaw@law.gwu.edu www.law.gwu.edu/IP

Jonathan T. Suder, JD ’84 Friedman, Suder & Cooke, PC

Search “GW Law IP”

Jennifer Vasta, JD ’98 Qualcomm Incorporated

@GWIPLaw

INTELLECTUAL PROPERTY LAW PERSPECTIVES 5

PROGRAM NEWS

IP Program Welcomes New Program Assistant

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he law school is pleased to welcome Kristen Pallmeyer, who will serve as Program Assistant to Dean Whealan and the IP program. Before coming to GW, Kristen spent three years working in Santiago, Chile, in order to become fluent in Spanish. She taught English classes at various businesses and served as coordinator of the English program for grades K–12 at a low-income school where she planned events, oversaw lesson plans, and organized afterschool programs for Kristen Pallmeyer the students. Kristen graduated cum laude from American University where she received a B.S. in psychology with minors in Spanish and business administration. In addition to her work with the IP program, Kristen also serves as Program Assistant to Alan Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, and David Johnson, Assistant Dean for Pro Bono and Advocacy Programs. n

Korean IP Students Visit GW Law

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n October 2013 Professor J.J. Kim of the Korea Advanced Institute of Science and Technology (KAIST) and Vice President of IP Licensing for the Asia Pacific region for Rovi Corporation, visited GW Law with more than 20 Korean intellectual property students from KAIST. GW Law adjunct faculty member James Hopenfeld escorted Professor Kim and his group on their visit to the law school and to sit in on Professor Peter Smith’s constitutional law class. The group also met with Associate Dean John Whealan and Ms. Shehernaz Joshi, Director of the International Graduate Programs Office, to learn about GW’s IP offerings for JD and LLM candidates. During the rest of their six-day stay in D.C. the students visited the U.S. Court of Appeals for the Federal Circuit, among other destinations. n

Associate Dean John Whealan (right of center) with Professor J.J. Kim and KAIST students

Fall 2013 Entering LLM Class Includes 60 U.S. and International Students

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W’s IP LLM program is an important component of the law school and the greater IP Program. The degree program is open to both U.S. and non-U.S. law school graduates. Many U.S. attorneys complete the program to gain the specialized knowledge necessary to practice, teach, or regulate in the field of intellectual property law. Many non-U.S. attorneys

complete the program to get their first in-depth look at U.S. IP law. All students must complete 24 credits, with a minimum of 14 credits in designated IP courses. Students also benefit from being in Washington D.C., which is the center of intellectual property law and policy in the United States. This year’s IP LLM class consists of 60 full-time students, including 37 international and 23 U.S.

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students. The international students come from more than 20 countries throughout the world, including several from China, India, Japan, Taiwan, and Korea. The U.S. students graduated from law schools across the country, including the University of Pennsylvania, Mercer University, and the University of Tennessee. n

PROGRAM NEWS

GW Hosts Inaugural HNBA/Microsoft IP Law Institute*

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n July 2013 GW hosted the first Hispanic National Bar Association (HNBA)/ Microsoft IP Law Institute (IPLI) class of student scholars during a weeklong immersion program held at the law school. By all accounts, the program was huge success. The IPLI, which receives generous support from Microsoft, is designed to increase the number of Latino lawyers in the United States practicing intellectual property law. “We at Microsoft know firsthand the sad reality of the underrepresentation of Latino attorneys in the critical field of IP law,” said Horacio Gutiérrez, Corporate Vice President and Deputy General Counsel at Microsoft. “The IPLI provides an opportunity to expose Hispanic law students to the field of IP law and the top IP practitioners in the country,” said HNBA National President Peter M. Reyes Jr., an experienced IP practitioner and registered patent attorney.

HBNA/IPLI Scholars at GW Law

Up to 25 Hispanic student scholars from law schools across the country will be selected annually to participate in the IPLI in Washington, D.C. The 25 scholars in the 2013 class were chosen from more than 80 applicants. The group visited institutions in all three branches of government and was provided lectures by officials at the White House, USPTO, and U.S. Congress, Court of Appeals for the Federal Circuit, Federal Trade

Commission, Copyright Office, and International Trade Commission. To help ensure continuity of the program and the continued support of its participants, the IPLI simultaneously created The HNBA /Microsoft IPLI Fellowship Program. The program consists of 12 law firms, designated as “fellows,” that commit to providing at least one lawyer to act as a mentor to two continued on page 11

2014 GW Law Munich Summer IP Program

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his summer, GW Law will again offer students the unique opportunity of studying IP in Munich at the Max Planck Institute for Intellectual Property. Students choose from eight one-credit courses taught over a fourweek period. Instructors include faculty members from GW and other U.S. law schools and and two federal judges. The program is open to students at U.S. and non-U.S. law schools, graduate students in other disciplines, and practitioners. Class sizes are typically small and GW students are able to enroll in courses with continued on page 8

Munich summer 2013 students with Professor Robert Brauneis (front right)

INTELLECTUAL PROPERTY LAW PERSPECTIVES 7

IP SPEAKER SERIES • PROGRAM NEWS

IP Speaker Series Fall Roundup and Spring 2014 Schedule

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he GW Law IP Speaker Series—a staple of the law school’s IP Program—provides engaging and timely lectures and networking opportunities for students, alumni, faculty, and the larger IP community. This past fall, notable scholars and experts shared their work and projects on topics ranging from the psychology of IP to the impact of patents on global competition. Professor Srividhya Ragavan from the University of Oklahoma College of Law began the fall speaker series in September

with an international look at patent law in her presentation on “India’s Role in the Post-Patent World.” In October Professor Greg Mandel from Temple University Beasley School of Law presented his work on “The Public Psychology of Intellectual Property.” Finally, Professor William Hubbard from the University of Baltimore Law School presented his work-in-progress on “The Debilitating Effects of Strong Patents.” This spring brings another exciting panel of speakers including: • January 21: Professor Guy A. Rub from Ohio State University Moritz College of Law will present on the “Information Cost Approach to the First Sale Doctrine.” 1:30 p.m., Student Conference Center, 2nd Floor, Lisner Hall.

• February 27: Professor Marketa Trimble from University of Nevada Las Vegas William Boyd School of Law will discuss “Advancing National Intellectual Property Policies in a Transnational Context.” 1:30 p.m., Faculty Conference Center, 5th Floor Burns Law Library. • March 27: Professor Amir H. Khoury, Tel Aviv University (visiting at the University of Kansas School of Law 2013–2014) will present his work on “The Case Against the Protection of Negative Trade Secrets: Sisyphus’ Entrepreneurship.” 1:30 p.m., Faculty Conference Center, 5th Floor Burns Law Library. • April 9: Professor Amy Kapczynski from Yale Law School will present “Intellectual Properties: A Case Study in Influenza.” 1:30 p.m., Faculty Conference Center, 5th Floor Burns Building. For more information about upcoming IP Speaker events, visit www.law.gwu. edu/ipevents. The IP Speaker Series is made possible by a generous endowment from the Bureau of National Affairs. n

Guy A. Rub

Marketa Trimble

Amir H. Khoury

Munich IP Program from page 6

professors they may not ordinarily be able to take during the academic year. Students in the summer 2014 Munich IP Program may take two to four courses from the following offerings: • Philosophical Foundations of IP (Professor Michael Madison, University of Pittsburgh School of Law) • Cross-Border Trade in IP (Professor Dan Burk, University of California at Irvine School of Law)

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Amy Kapczynski

• Artistic Freedom and Control in Copyright (Professor Kristelia García, GW Law)

• Technical Protection of Authors’ Rights ( Judge Edward Damich, U.S. Court of Federal Claims)

• Internet Law (Professor Robert Heverly, Albany Law School)

• Chinese IP Law (Professor Catherine Sun, China IP Limited)

• The Federal Circuit (Chief Judge Randall Rader, U.S. Court of Appeals for the Federal Circuit, and Associate Dean John Whealan, GW Law) • Patent Enforcement ( Judge Dee Benson, U.S. District Court for the District of Utah)

For more information, and to apply to the Munich IP Summer Program visit www.law.gwu.edu/munichsummer. n

ALUMNI AND STUDENT AWARDS

Alumni and Student Awards Joseph R. Newman, JD ’13, Wins National IP Award*

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n October 2013 Joseph R. Newman, JD ’13, received one of the top law student honors in the country—the American Intellectual Property Law Association’s (AIPLA) Jan Jancin Award. Associate Dean John Whealan nominated Mr. Newman for the award in acknowledgment of his strong academic and extracurricular achievements. Mr. Newman was also awarded the Peter D. Rosenberg Award in Patent and Intellectual Property Law, which the law school gives to the top IP student in the JD graduating class. In addition to graduating with honors, Mr. Newman wrote a paper about targeted advertising on the Internet that won GW Law’s 2012 writing competition for the Marcus B. Finnegan Prize in Intellectual Property and was later accepted for publication in the AIPLA

Sydney English, JD ’16, Awarded AIPLA Scholarship

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L Sydney English has been named a 2013–2014 recipient of the Sidney B. Williams Jr., Intellectual Property Law Scholarship, which was developed and funded by the American Intellectual Property Law Education Foundation (AIPLEF). AIPLEF, founded in 2001, is a charitable organization whose mission is to promote diversity in the intellectual property bar. In its partnership with the American Intellectual Property Law Association, the ABA Section of Intellectual Property Law, the Minority Corporate Counsel Association, and Johnson & Johnson, AIPLEF accomplishes this mission by mentoring and providing scholarships to

Quarterly Journal. During his legal education Mr. Newman worked as a research assistant for two IP professors, interned at four different organizations, and played saxophone in DeNovo, a rock and roll cover band fronted by Chief Judge Randall Rader. Mr. Newman is currently working for the Future of Privacy Forum, a D.C.-based think tank. He will also be clerking for Chief Judge Rader at the Federal Circuit Court later this year. When asked what it was like to receive the award Joe commented, “Receiving the award itself was surreal. To get up in front of all those distinguished IP lawyers at the AIPLA annual meeting was a rush. I think the greatest part was getting to receive the award from Chief Judge Rader himself—we had shared the stage many times in the past, but to have him present the award meant a lot to me personally.” n

underrepresented minorities who demonstrate a sincere interest in IP law. The scholarship is a $10,000 award, renewable for up to three years. The selection criteria include a commitment to developing a career in intellectual property law, high academic performance, financial need, and general factors such as leadership, community service, and personal accomplishments. The scholarship is named in honor of Sidney B. Williams Jr., who has dedicated his career to intellectual property law. As an active leader in the IP community he has held leadership roles within AIPLA and was the first African-American to hold major leadership roles in both AIPLA and the ABA-IPL Section. Mr. Williams is devoted to encouraging minorities with science and engineering backgrounds to consider a legal career in IP. Sydney was an ideal candidate for this scholarship opportunity as her education and work experience in the fashion-retail

Former AIPLA President Jeffrey Lewis, left, and Chief Judge Randall Rader present Joseph Newman with the Jan Jancin award

* This article includes contributions from the winter 2014 issue of GW Law Magazine.

industry led her to law school for the particular pursuit of a career in IP. She earned B.S. degrees in both textile and apparel management and textile technology from North Carolina State University. After graduation she developed product lines for the private Sydney English brand division of Belk department stores as an Assistant Product Manager. She attributes her interest in IP to regular collaboration with the design team and legal department, which was often necessary to avoid potential copyright and patent infringement. Sydney hopes to develop a well-rounded foundation in IP law while leveraging her experiences in design, branding and product development to further her career. Information about the scholarship can be found at: www.aiplef.org/scholars/ sidney-b-williams-jr-scholarships/ n

INTELLECTUAL PROPERTY LAW PERSPECTIVES 9

FACULT Y IN PRINT

Faculty In Print Recent Books, Articles, and Amicus Briefs

Michael Abramowicz

Professor Michael Abramowicz is co-editor, with GW Law Professor F. Scott Kieff, of Perspectives on Patentable Subject Matter, forthcoming from Cambridge University Press.

Professor Robert Brauneis is publishing an essay titled “National Treatment in Copyright and Related Rights: How Much Work Does it Do?” as a chapter in The Principle of Robert Brauneis National Treatment in International Economic Law Trade, Investment, and Intellectual Property, edited by Anselm Kamperman-Sanders.

Marks Fellow and Visiting Associate Professor of Law Kristelia A. García is publishing “Penalty Default Licenses: A Case for Uncertainty” (job talk; 89 N.Y.U. L. Rev. ___) Kristelia A. García (forthcoming 2014; draft available on SSRN). The article is

ranked as a top ten SSRN download in the categories of Intellectual Property: Copyright; Microeconomics: Production, Market Structure and Pricing; Auctions, Rationing, and Licensing; International Intellectual Property Protection; IO: and Productivity, Innovation and Technology. Her article “Private Copyright Reform,” 20 Mich. Telecomm. & Tech. L. Rev. 1 (2013), draft available on SSRN, has been named “one of the best works of recent scholarship in Cyberlaw” for 2013 by Jotwell. 

Professor F. Scott Kieff is co-editor, with Professor Michael Abramowicz, of Perspectives on Patentable Subject Matter, forthcoming from Cambridge University Press. F. Scott Kieff He has also published, with Anne Layne-Farrar, “Incentive Effects from Different Approaches to Holdup Mitigation Surrounding Patent Remedies and Standard-Setting Organizations,” Journal of Competition Law & Economics, 9(4), 1091–1123 (4 November 2013).

Professor Daniel J. Solove’s recent publications include Privacy Law Fundamentals (with Paul M. Schwartz) (IAPP 2d ed., 2013); “The FTC and the New Common Law of Privacy,” 114 Daniel J. Solove Columbia Law Review (with Woodrow Hartzog) (forthcoming 2014); “Reconciling Personal Information in the United States and

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European Union,” 102 California Law Review (forthcoming 2014) (with Paul M. Schwartz); “Privacy Self-Management and the Consent Dilemma,” 126 Harvard Law Review 1880 (2013); “5 Myths About Privacy,” Washington Post ( June 13, 2013); “HIPAA Turns 10: Analyzing the Past, Present, and Future Impact,” 84 Journal of AHIMA 22 (April 2013); “HIPAA Mighty and Flawed: Regulation has Wide-Reaching Impact on the Healthcare Industry,” 84 Journal of AHIMA 30 (April 2013). In addition, a Japanese translation of Professor Solove’s book, Understanding Privacy, was published in 2013.

Professorial Lecturer in Law Ralph Oman submitted an amicus brief to the U.S. Supreme Court on behalf of the plaintiff in the case of Paula Petrella v. MGM. Petrella is the Ralph Oman daughter of the author of the screenplay for Raging Bull, and the Ninth Circuit has dismissed her infringement claim based on laches, even though her claim relates to activities that fall within the three-year statute of limitations. He also submitted an amicus brief in the Fifth Circuit with the former Register of Copyrights, Marybeth Peters, on behalf of the educational publisher plaintiffs, who argue that electronic book reserves in Georgia State University libraries exceed the scope of copyright fair use. He also served as an amicus in the Second Circuit Fox Broadcasting v. Aereo, and submitted an amicus brief in the U.S. Court of Appeals for the Federal Circuit on behalf of Oracle in its copyright infringement suit against Google. n

UPCOMING EVENTS • PROGRAM NEWS

Upcoming Events JUDGE PROST TO GIVE 2014 SPRING KATZ LECTURE On Thursday March 27 Judge Sharon Prost, U.S. Court of Appeals for the Federal Circuit, will give the spring 2014 A. Sidney Katz Lecture. Light refreshments will be served at 5:30 p.m. in the Faculty Conference Center; lecture begins at 6 p.m. A reception will follow. The A. Sidney Katz Lecture is generously endowed by A. Sidney Katz ( JD ’66). The endowment allows the IP program to hold one major lecture per semester. For information on future Katz lectures or other IP-related events, visit our website at www.law.gwu.edu/ipevents.

Judge Sharon Prost

ANNUAL GW IP SYMPOSIUM On Tuesday May 6 GW Law will partner with law firms Mayer Brown and Pillsbury to offer a daylong symposium on current topics in intellectual property to government officials, business leaders, and attorneys from around the country. The symposium will feature four panels and include both a networking lunch and a reception. n

HNBA/Microsoft IP Law Institute from page 7

scholars. Mentors attend IPLI activities and provide additional training for the scholars throughout the year. The fellows for the 2013–2014 IPLI are Cadwalader, Wickersham & Taft; Covington & Burling; Davis Wright Tremaine; Fish & Richardson; Gonzalez Saggio & Harlan; Lowenstein Sandler; Merchant & Gould; Morrison & Foerster; Perkins Coie; Sheppard Mullin Richter & Hampton; Shook, Hardy & Bacon; and Sidley Austin. Scholars also received IP-related lectures from various leaders in the field, including Jorge Contreras (American University Washington College of Law), Robert Armitage (former General Counsel of Eli Lilly), George Pappas (Covington & Burling), Jill Pietrini (Sheppard Mullin Richter & Hampton), Marni Pedorella (NBCUniversal), Daniel Marti (Kilpatrick Townsend),

Robert Stoll (Drinker, Biddle and former Commissioner for Patents), Horacio Gutiérrez (Microsoft), Hector Gallegos (Morrison & Foerster), Aaron Cooper (Senate Judiciary Committee), Joe Keeley (House Judiciary Committee), Matthew Sandgren (Office of Sen. Orrin G. Hatch), and Stanford McCoy (USTR). “The inaugural year of the IP Law Institute was an unparalleled success,” said Mick Konowal, Senior Attorney at Microsoft. “The scholars were blown away by the caliber of the lawyers they were able to interact with, and the instructors were equally impressed with the knowledge and insight of the scholars and their questions.” One scholar commented: “My expectations were exceeded tenfold. I am still in awe of all the places we went, the people we met, the discussions we had, and how close our small group became—these people will be my friends for a long time. It

was such an amazing experience I cannot even begin to put it all into words.” GW provided dorm space and the main classroom facilities for the program at no charge. Associate Dean John Whealan also provided substantive instruction and participated in many of the IPLI’s activities throughout the week. Thanks to all the scholars, fellows, instructors, and other participants who contributed their time, talents, and expertise to making the 2013 IPLI a premier experience. The 2014 Institute will be held in Washington, D.C., the week of June 1–7. Additional information, including how to apply, can be found at www.hnba.com/programs-initiatives/ hnba-microsoft-ip-law-institute. n * This article includes contributions from the HNBA Fall 2013 Noticias Magazine.

INTELLECTUAL PROPERTY LAW PERSPECTIVES 1 1

STUDENT INTELLECTUAL PROPERT Y L AW ASSOCIATION

Student Intellectual Property Law Association

W

ith more than 430 members, the Student Intellectual Property Law Association (SIPLA) is among the largest student-run organizations at the law school. SIPLA is committed to exposing GW Law students to aspects of the IP law profession through interactions with professionals and leveraging opportunities that are unique to Washington, D.C. SIPLA’s ethos is to encourage student discourse in areas concerned with patentable inventions, copyrightable works, trademarks, trade secrets, and exclusive

SIPLA board members

rights attaching to intangible assets and creative activities. To date this academic year, SIPLA has hosted networking events among students and faculty and facilitated learning about life in a law firm and various IP career paths in IP. The current SIPLA

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

leadership is: Krupa Parikh (President), Jacob Berdine (Vice-President), Una Fan (Secretary), Victoria Liu (Treasurer), Emily Curtis (Programming Chair), and Jared Hartzman (Mentoring Chair). n

FIRST CLASS U.S. Postage PAID Washington, D.C. Permit #593


Intellectual Property Law Spring 2014 Newsletter