Fall 2018 newsletter
In this edition
- Current and Forthcoming Scholarship
- Clinical Teaching
- Patent Hub
- Online Journal
- Moot Court Competitions
- Student Engagement
- Indianapolis IP Inn of Court
The faculty of the Center for Intellectual Property Research continue to produce cutting-edge intellectual property scholarship and widely-used teaching materials. Recent publications are listed below.
|Mark D. Janis|
|Trademarks & Unfair Competition: Law & Policy (5th ed. 2018) (with Dinwoodie).|
|Trade Dress and Design Law (2d ed. 2019) (forthcoming) (with Dinwoodie and Du Mont).|
|Patent Law: Cases and Materials (2019) (forthcoming) (with Sichelman et al.).|
|Trademark Law and Theory: A Research Handbook 2d (2019) (forthcoming) (edited with Dinwoodie).|
|A Historical Look at the Design Patent/Copyright Interface, in Estelle Derclaye (ed.), The Copyright/Design Interface: Past, Present, and Future (Cambridge Univ. Press 2018) (with Du Mont)|
|Functionality in U.S. Design Patent & Community Design Systems, in Research Handbook on Design Law (Elgar 2018) (forthcoming) (with Du Mont).|
|How Should Damages Be Measured for Design Patent Infringement?, Tex. Rev Litig. (2018).|
|Copyright Law: Cases and Materials (11th ed. 2019) (with Joyce, Ochoa, Carroll, and Jaszi) (forthcoming).|
|Understanding Copyright Law (7th ed. 2019) (forthcoming).|
|Cumulative IP Rights in US Law, ALAI, Rome, (2018).|
|Sheldon Halpern and the Right of Publicity, 78 Ohio State L.Rev. 273 (2017). 81224|
|Patent Pool Outsiders, 33 Berkeley Technology Law Journal 233 (2018).|
|Autonomy in the Age of Autonomous Vehicles, 25 Boston University Journal of Science & Technology Law 101 (2018) (forthcoming).|
|The Data-Pooling Problem, 32 Berkeley Technology Law Journal 179 (2018).|
|Securing the Internet of Healthcare, 19 Minnesota Journal of Law, Science & Technology 405 (2018) (with Scott J. Shackelford and Steve Myers).|
|Data and Intellectual Property, in Research Handbook on Data Science and Law (Elgar 2018) (forthcoming).|
|Data Policy in the United States, Intellectual Property Journal (IPJ) / Zeitschrift für Geistiges Eigentum (ZGE) (Mohr Siebeck 2018).|
|Empirical Studies of Patent Pools, in Peter Menell et al. (eds.) Research Handbook on the Economics of Intellectual Property Law, Vol. II (Elgar 2018) (forthcoming).|
|The Global Person: Pig-Human Embryos, Personhood, and Precision Medicine. 25 Indiana Journal of Global Legal Studies 2 (2018).|
Intellectual Property Legal Clinic
Under the leadership of Clinical Associate Professor Norm Hedges, our Intellectual Property Legal Clinic remains one of the most productive IP clinics in the nation, with a docket of well over one hundred active matters in a typical semester, many involving patents. The IP Clinic is certified in both the Patent and Trademark programs by the US Patent & Trademark Office’s Law School Clinic Certification Program. Adjunct Professors Jessica Van Dalen (patents), Brad Maurer (trademarks), and Bev Lyman (patents) also supervise Clinic students and add technical expertise and subject matter breadth. The Clinic meets regularly at the law school in Bloomington, and Professor Hedges also holds regular office hours at the Westgate facility (adjacent the Naval Surface Warfare Center – Crane Division, in southwest Indiana) and at Union 525 ( Indianapolis’s newest tech hub).
Entrepreneurship Law Clinic
Clinical Professor Mark Need directs the Elmore Entrepreneurship Law Clinic, representing small businesses in a range of business counseling matters. Frequently these matters involve intellectual property questions as well as corporate law questions, allowing students to work collaboratively with the IP Clinic.
The US Patent & Trademark Office designated the Center for Intellectual Property Research as the pro bono patent hub for Indiana (in 2015) and Kentucky (in 2017). As the patent hub, the Center established and operates PatentConnect, a networking service matching volunteer patent lawyers with inventors who need pro bono patent prosecution services.
The Center also holds outreach events to introduce PatentConnect to entrepreneurs in the region, often in cooperation with USPTO officials, area patent practitioners, and university- and community-run entrepreneurship organizations. The Center has held events in Indiana (Indianapolis, West Lafayette, Evansville, and Ft. Wayne) and in Louisville, Kentucky.
Professor Mike Mattioli supervises the Center’s student-operated online intellectual property law journal, IP Theory. IP Theory publishes peer-selected content, with editing, production, and management carried out by IP students.
IP Theory has also launched a podcast, Fire of Genius. Recent podcasts have covered design protection, standard-essential patents, and the CRISPR patent matter.
The IP curriculum features 15-20 IP courses and seminars in a typical school year, taught primarily by full-time IP faculty, supported by experienced adjunct faculty. The curriculum reaches all facets of intellectual property law. It is especially rich in its offerings of upper-level skills courses in patent law, including:
- Patent Trial Practice, featuring multiple pre-trial simulations and a mock jury trial, taught by Center senior advisor and adjunct professor Don Knebel.
- Federal Circuit Advocacy, featuring written and oral advocacy exercises, taught by adjunct professor Greg Castanias.
- Advanced Patent Law, requiring student research and presentations on current patent topics.
- Patent Prosecution, featuring application preparation and prosecution exercises
The curriculum also includes an IP Practicum focusing on IP issues that arise for entertainment clients, taught by music copyright expert and adjunct professor Robert Meitus.
With the Center’s support, Indiana University Maurer students regularly participate in the AIPLA Giles Rich Moot Court Competition, the INTA Saul Lefkowitz Moot Court Competition, the International Patent Drafting Competition, and others.
The Center supports an active student Intellectual Property Association. Boasting internal and external mentoring networks, an active roster of activities, and a commitment to helping each other succeed, IP Association works to create a strong community to support students while in their studies and beyond.
The Center has also established a new student chapter of ChIPs, an international network dedicated to supporting women and their allies at the confluence of technology, law, and policy.
Center faculty helped launch a new IP Inn of Court in Indianapolis, and the Center was selected to provide the administrative support for the new Inn. Professor Mark Janis served on the organizing committee. Adjunct Professor Don Knebel is the Inn’s inaugural president, and Professors Hedges, Janis, and Knebel all were selected as masters of the Inn.
Our Fall 2017 IP Colloquium covered intellectual property protection for designs, featuring the following speakers:
- Perry Saidman (Saidman Design Law Group): “The Demise of the Functionality Doctrine in Design Patent Law”
- Christopher Carani (McAndrews, Held & Malloy): “Design Rights: Functionality & Scope Protection”
- Sarah Burstein (University of Oklahoma College of Law): “The ‘Article of Manufacture’ Today”
- Christopher Buccafusco (Cardozo Law): “Functionality Screens”
- Beth Cate (Indiana University): “The Future of Copyright in Design after Star Athletica”
- Jeanne Fromer (New York University School of Law): “Claiming Design”
- Robert Bone (University of Texas School of Law): “Trademark Functionality Reexamined”
March 7: Women in Law & Technology: A roundtable with ChIPs Maurer featuring Dr. Beverly Lyman, Chief IP Counsel for Indiana University.
April 12: A Conversation with Chief Judge (Ret.) Paul Michel, moderated by Adjunct Professor Greg Castanias (Jones Day).
August 21: International Aspects of Intellectual Property Practice Panel featuring practitioners from Eli Lilly & Company, Cummins Inc., Zimmer Biomet, AzkoNobel, Barnes & Thornburg, and Bingham Greenebaum Doll.
September 10: Current Issues in Trademark Registration Practice – panel discussion featuring Jason Blair (USPTO), Lindsey Szymczak (Meitus Gelbert Rose LLP) and Caitlin Byczko (Barnes & Thornburg).
September 18: PatentConnect Launch Event, Louisville, Kentucky. The event featured representatives from the U.S. Patent & Trademark Office as well as from patent attorneys at Middleton Reutlinger.
September 26: Federal Circuit Judges Panel featuring Judges Richard Linn and S. Jay Plager of the U.S. Court of Appeals for the Federal Circuit – a panel discussion for Maurer IP students.
October 1: IP Practitioner-in-Residence Connie Lindman, ’89, head of the IP Practice Group at SmithAmudsen, Indianapolis, presented on diversity in the IP profession and other IP topics.
October 19: Alexander Duisberg (Bird & Bird LLP, Munich, Germany) discussion about data, law, and policy as part of his visit to the Ostrom Workshop.