Summer 2022
For over a decade, the Center for IP Research has served the intellectual property law community both locally and globally. This semester, we hosted several in-person events, students participated in IP Moot Court competitions, we continued our national leadership in providing pro bono IP services, and also continued work on our new Law & Technology Program. We are pleased to share the following report on our latest activities.
Mark D. Janis
Robert A. Lucas Chair of Law
Director, Center for Intellectual Property Research
Table of contents
In-person spring events
The Center hosted several live events as Covid restrictions eased.
2022 IP Moot Court Competitions
The center supported student teams participating in the American Intellectual Property Law Association's Giles S. Rich Memorial Moot Court Competition (Patents) and the Oxford International IP Moot.
Celebrating the Career of Marshall Leaffer
Center faculty and students joined IP scholars from around the globe in wishing our colleague Marshall Leaffer well in his retirement.
Capping off an exceptional career as a lawyer, scholar, and educator, Marshall Leaffer retired from his position as Distinguished Scholar in Intellectual Property Law and University Fellow at the Maurer School of Law in December 2021.
Marshall grew up in Texas, attended the University of Texas, the University of Illinois (master’s degree), the University of Texas School of Law, and the New York University Law School (LLM, Trade Regulation). After graduation, he served as a trademark examining attorney at the U.S. Patent and Trademark Office, as a legal consultant for organizations in Paris, as trademark counsel for American Home Products in New York, as an associate in a New York law firm, and then as attorney advisor on the staff of the General Counsel to the U.S. Copyright Office.
Marshall then became a law professor. After nearly twenty years as a member of the faculty of the University of Toledo College of Law, Marshall joined the Indiana University Maurer School of Law faculty. At Indiana, Marshall taught Copyright Law, Trademark Law, Intellectual Property Survey, and International Intellectual Property, among other intellectual property law courses. As primary advisor to scores of international L.L.M. and S.J.D. students with interests in intellectual property law, Marshall became a beloved celebrity in far-flung locales across the globe where Maurer alums congregate, a status he has retained to this day. Marshall also actively participated in the work of the Center for IP Research.
Marshall published numerous books and articles on copyright, international intellectual property law, antitrust, and related topics, both in English and in French. While many legal academics become known for a signature idea or a canonical law review article, Marshall became best known for his single-volume treatment of U.S. copyright law, Understanding Copyright, now in its Seventh Edition. The book has become a go-to reference for copyright practitioners and law professors alike.
In retirement, Marshall expects to spend a good deal of his time in Paris. Marshall intends to rekindle his interest in painting and expects to be called upon now and then to teach copyright law to yet another fresh batch of law students.
IP Clinic Semester Highlights
The Center remains a national leader in pro bono IP services through its IP Clinic and its PatentConnect network.
Under the supervision of Adjunct Instructor, Allan Sternstein, Maurer’s IP Clinic is representing Brightlamp Inc. before the Court of Appeals for the Federal Circuit. Brightlamp is an Indianapolis software company that provides rapid neurological evaluation. The IP Clinic won dismissal of a patent infringement lawsuit against Brightlamp brought in the United States District Court, Southern District of Indiana.
Eleven 1Ls participated in the student Volunteers In Intellectual Property (VIP) program, believed to be the only opportunity of its kind in the country. They performed prior art searches for pro bono clients in connection with the center’s PatentConnect program.
Again, this year, the IP clinic partnered with numerous adjunct instructors from practice, including:
Trademarks & Copyrights
- Brad Maurer, Jan 2014 to present
Partner, Dentons Bingham Greenebaum LLC
Patents
- Jessica Van Dalen, Jan 2014 to present
Partner, Faegre Drinker - Alyssa Eckerley—2021-present
Patent Prosecution Associate, Faegre Drinker
Litigation
- Allan J Sternstein, 2020 to present
University of Arizona College of Law
IP Theory Semester Highlights
IP Theory published a number of new articles and posted several new episodes of The Fire of Genius Podcast.
Articles
- Marshall Law Copyright symposium:
- Tyler Ochoa, “Reconciling Copyright ‘Restoration’ for Pre-1972 Foreign Sound Recordings with the Classics Protection and Access Act”
- Peter Yu, “Marshalling Copyright Knowledge to Understand Four Decades of Berne”
- Daryl Lim, “Life after Google v. Oracle: Three Reflections on a Theme”
Podcasts
- Interviews with Margaret Chon, Marty Adelman, Graeme Dinwoodie, Ysolde Gendreau, Daniel Gervais, Rochelle Dreyfus, and Mike Carroll
Volume 11
- Mounir Jamal, “A Hot Spit-Take: Why the Supreme Court Will Hold That There Is No Privacy Interest in Commercial DNA Data”
- Nicholas Eitsert, “Indian Pharmaceutical Patenting Under Section 3(d): A Model for Developing Countries”
- Transcript of an interview with David Gindler and Jasper Tran of Millbank LLP
Fire of Genius Podcast
Latest in The Law & Technology Program
Collaborating with several IU Maurer centers and individual faculty, the Center for IP Research continued work on its new Law & Technology Program.
The Law & Technology Program brings together a wide range of expertise from throughout the Maurer School of Law to create an integrated platform for research, academic collaborations, and student experiences. It builds on the Law School’s longstanding strengths in intellectual property law, cybersecurity, and studies of law, society, and culture. Profs. Mark Janis and Asaf Lubin presented on the Program to various groups. In addition, faculty affiliated with the Law & Technology program collaborated with the Center, the IP Association, and the Cybersecurity and Privacy Law Association to present a preview of the law school’s 2022-23 law & technology curriculum. It features courses in intellectual property law, cybersecurity law, law and the life sciences, product liability, and others.
Recent Research from the Center
Center faculty presented their research virtually and in person to many audiences and published scholarly works in intellectual property law and adjacent areas.
Scholarly Presentations
- Suneal Bedi
- “2021 Invited Copyright Scholar’s Round Table” virtual presentation discussing Measuring Fair Use’s Market Effect, (with Michael Schuster), forthcoming WIS. L. REV.(2023)
- Mark Janis
- Virtual Designs, University of Manchester faculty of law (virtual)
- Asaf Lubin
- "The Rights to Privacy and Data Protection in Times of Armed Conflict,” Hebrew University of Jerusalem Federmann Cybersecurity Research Center and Association for the Promotion of International Humanitarian Law (ALMA), Book Launch Series, Co-Convener and Presenter. (July 2022)
- “The Baseline of Sovereignty,”American University, Tech, Law & Security Program, The Evolving Face of Cyber Conflict and International Law: A Futurespective, Invited Panelist. (June 2022)
- “Export Controls, Human Rights, and the Surveillance Tech Industry,” Berkman Klein Center for Internet & Society, the Carr Center for Human Rights, the Edmond and Lily Safra Center for Ethics, and the Global Network Initiative, Consultation on Ethical and Rights-Respecting Technology, Challenges Session 1: Enhancing Privacy while Increasing Transparency and Accountability, Invited Speaker. (June 2022)
- “The International Law of Data Protection and the Responsibilities of International Courts and Organizations,” American Society of International Law, International Law and Technology Interest Group, Co-Chair and Moderator. (June 2022)
- “Rights to Privacy and Data Protection in Armed Conflict: Book Launch,” NATO Cooperative Cyber Defense Centre of Excellence, 14th International Conference on Cyber Conflict (CyCon). (June 2022)
- “Rights to Privacy and Data Protection in Times of Armed Conflict” & “Reasonable Intelligence Agency Standard in Armed Conflict,” Department of Defense, Defense Institute of International Legal Studies, Law of Military Operations, Invited Speaker. (May 2022)
- “Seventh Annual Detlev F. Vagts Roundtable on Transnational Law: Transnational Regulation of the Platform Economy,” American Society of International Law 116th Annual Meeting, Invited Panelist. (April 2022)
- “Symposium on Data Privacy in International Law,” Emory International Law Review, Invited Panelist. (March 2022)
- “The Law and Politics of Ransomware,” Vanderbilt Journal of Transnational Law, Symposium on the Law of Cyberterrorism: State Responsibility, Organized Crime, and Election Interference, Invited Panelist. (February 2022)
- João Marinotti
- Potential problems with NFTs (IUImpact Podcast)
Recent Publications
- Suneal Bedi
- The Myth of the Chilling Effect, J.L. & Tech. (forthcoming 2022)
- Damaged Damages: Errors in Patent and False Advertising Litigation, L. Rev. (forthcoming 2022) (with David Reibstein)
- Brand as Promise, Journal of Business Ethics (2021) (with Vikram Bhargava)
- The Shadows of Litigation Finance, 74 L. Rev. 563 (2021) (with Will Marra)
- The Corporate Pro Se Litigant, 82 Ohio St. L.J. 77 (2021)
- Mark Janis
- Secondary Liability in Trademark Law: The Ambivalent Legacy of Warner v. Eli Lilly & Co., in Research Handbook on Trademark Law History (Bone & Bently, eds.) (forthcoming 2023)
- Trademarks & Unfair Competition: Law and Policy (Sixth Edition) (2022) (with Dinwoodie)
- Trade Dress and Design Law (Second Edition) (2022) (with Dinwoodie)
- Marshall Leaffer
- Understanding International Intellectual Property Law (forthcoming 2023)
- Asaf Lubin
- The Rights to Privacy and Data Protection in Times of Armed Conflict (NATO CCDOE) (2022) (with Russell Buchan)
- Public Policy and the Insurability of Cyber Risk, 5 Journal of Law and Technology at Texas 45 (2022)
- The Reasonable Intelligence Agency, 47 Yale J. Int’l L. 120 (2022)(Winner of the 2022 American Society of International Law’s Society Richard R. Baxter Prize for outstanding scholarship in the area of IHL)
- The Duty of Constant Care and Data Protection in War, in Big Data and Armed Conflict: Legal Issues Above and Below the Armed Conflict Threshold (Laura A. Dickinson & Edward Berg, eds.) (forthcoming 2022)
- The Prohibition on Extraterritorial Enforcement Jurisdiction in the Datasphere, in Research Handbook on Extraterritoriality in International Law (Austen L. Parrish & Cedric Ryngaert, eds.) (forthcoming 2022)
- Big Data and the Future of Belligerency: Applying the Rights to Privacy and Data Protection to Wartime Artificial Intelligence, in Handbook on Warfare and Artificial Intelligence (Robin Geiss & Henning Lahmann eds.,) (forthcoming 2022)
- João Marinotti
- Possessing Intangibles, 116 Nw. U. L. Rev. 1227 (2022)
- Data Types, Data Doubts & Data Trusts, Yale Law Review Online (forthcoming 2022)
- Why Current Botnet Takedown Jurisprudence Should Not Be Replicated, Lawfare (July 2021) (with Lubin)
- Mike Mattioli
- Environmental Knowledge as a Commons (forthcoming 2023) (with Raymond and Steinberg, eds.)
- Mental Health Chatbots, in Privacy as Knowledge Commons Governance (Katherine Strandburg et al., eds.) (Cambridge Univ. Press 2021)
