May 2023

From the Director

Please enjoy this report detailing scholarship, faculty news, and student activities from the Center for Intellectual Property Research at Maurer.  We had a busy spring semester.  One special highlight: our new Center coordinator, Melissa Berry, started with us in February.  Reach out to introduce yourself to Melissa at berrym@indiana.edu. As always, it's a great privilege to be a part of our thriving IP community at Maurer.

Mark D. Janis
Robert A. Lucas Chair of Law
Director, Center for Intellectual Property Research

In this Issue

I. Spring Semester Events

II. IP Theory Highlights

III. IP Pro Bono Program Highlights

IV. Student News

V. Faculty Highlights

I. Spring Semester Events

The law school and CIPR hosted several events during the spring semester relating to IP and Law and Technology.

“Beyond Privacy vs. Trade” - Prof. Anupam Chander, Addison Harris Lecture

Anupam Chander, the Scott K. Ginsburg Professor of Law and Technology at Georgetown Law, explored whether trade and privacy are inherently in conflict, relating it to topics such as the transnational flow of personal data

IP Practice at a Global Firm

Maurer alums Kenneth Guerra ‘19 and Emma Ng ‘21 described their IP practices at Finnegan

“Litigating Patents at U.S. International Trade Commission” - Matthew Spegele

Maurer alum Matthew Spegele ’21, shared tips on litigating patent cases at the US International Trade Commission, and the roles that junior associates can play in those matters.

Will Covey, USPTO Deputy General Counsel & OED Director

Covey provided his insider’s perspective on USPTO operations and met with CIPR faculty and students regarding our pro bono IP work.

USPTO Deputy General Counsel & OED Director, Will Covey

II. IP Theory Highlights

IP Theory published several articles and produced numerous new episodes of The Fire of Genius Podcast. 

Articles

Volume 12 Publications

Issue 1: "Marshall Law" Symposium Issue, a tribute to Professor Marshall Leaffer

  • Tyler Ochoa, "Reconciling Copyright 'Restoration' for Pre-1972 Foreign Sound Recordings with the Classics Protection and Access Act"
  • Daryl Lim, "Life After Google v. Oracle: Three Reflections on a Theme"
  • Peter Yu, "Marshalling Copyright Knowledge to Understand Four Decades of Berne"

Issue 2:

  • Ken Germain & Louis H. Sitler, "The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws"
  • 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"

Fire of Genius Podcasts

24 episodes (and counting)

  • 19 short-form episodes on IP topics from associates
  • 5 longer-form interviews
    • Josie Little, 3L, University of Pennsylvania Carey School of Law
    • Ken Germain and Lou Sitler of Wood Herron & Evans LLP
    • Eyal Barash of Barash Law
    • Jordana Goodman, Visiting Assistant Clinical Professor, Boston University School of Law
    • Laura Dolbow, Sharswood Fellow, University of Pennsylvania Carey School of Law

Congratulations to outgoing editor-in-chief Lilly Huff, and incoming editor-in-chief Nicole Scelta.

III. IP Pro Bono Program Highlights

The Center continued its leadership in representing pro bono clients in IP matters through the IP Clinic, the PatentConnect network, and the NIL Initiative.    

IP Clinic students:

  • defended the dismissal of a patent infringement suit on appeal to the U.S. Court of Appeals for the Federal Circuit. Adjunct Clinical Professor Allan Sternstein led the representation.
  • represented a trademark client in an opposition proceeding pending before the Trademark Trial and Appeal Board. Adjunct Professor Brad Maurer led the representation.
  • delivered IP presentations to community members at Ivy Tech Bloomington, the Monroe County Public Library, the Dimension Mill, the Shoemaker Innovation Center, and the IU Media School.
Intellectual Property Law Clinic students Sydney Stankovich and Calvin Mendel present to Prof. Sueann Graham’s Entrepreneurship class at Ivy Tech Bloomington

IV. Student News

Our IP students have been hard at work this semester on a variety of intellectual property activities while completing their coursework.  We are excited to share updates.

IP Association Highlights

Under the leadership of IP Association President 2L Jacob Boesch, the Association:

  • hosted several events, including a Law & Technology Course Information (for 2023-24 courses) and a Loyola Patent Job Fair Information Session
  • matched 11 students with alumni in the IP External Mentorship Program. Thank you to the participating alumni for their support!
  • elected its incoming board. For the first time, the IPA will be guided by an entirely women-led board.
2023 AIPLA team members Vanessa Wang and Sydney Schnur

IP Moot Court Highlights

2Ls Vanessa Wang and Sydney Schnur represented Maurer in the Atlanta regional of the 2023 AIPLA Giles S. Rich Memorial Moot Court Competition. 

Vanessa Wang shares:

“I am very proud of the work my partner Sydney and I accomplished in preparing for the AIPLA moot court. I learned a great deal about moot court competition during the time in Atlanta, from the judges and from other contestants. It was a very humbling yet motivating experience to argue in real court rooms.”

National Patent Drafting Competition Team

2Ls Maame Yaa Norman, Karen Kukla, Ahsan Sohail, and Jacob Boesch represented Maurer in the National Patent Drafting Competition, hosted by the USPTO.

National Patent Drafting Competition team: (l to r) Maame Yaa Norman, Karen Kukla, Ahsan Sohail, Jacob Boesch

Patent Trial Practice Mock Trial

United States district judge James R. Sweeney II presided over the mock patent trial of Pioneer v. ADU. Dwight Lueck and Deborah Pollack-Milgate of Barnes & Thornburg along with Maurer Professors Lane McFadden and Norm Hedges served as witnesses. Colleen Brady of Veritext provided real-time transcript. CIPR Coordinator, Melissa Berry, acted as bailiff and provided administrative support. Prof. Don Knebel, as always, was the maestro of the whole activity.

The verdict in Pioneer v ADU: no infringement, but no invalidity.

(l to r: (front) Colleen Brady, Maame Yaa Norman, Prof. Don Knebel, Karen Kukla, Sydney Schnur, Taylor Nunley. (back) Ahsan Sohail, Rob Kesling, Judge James R. Sweeney II, Joseph Garloch, Seth Niemi, Graham Christian, Jacob Boesch)