May 2024

IP Newsletter for May 2024

From the Director

We hope you enjoy the following report detailing Spring 2024 activities, news, and events from the Center for Intellectual Property Research at the Indiana University Maurer School of Law. From the first day of the semester through  graduation, it was clear that Maurer IP was back in business! 

This semester we caught up with many of our alums, hosted an awards ceremony to honor some of our longest-serving adjunct professors, heard from a distinguished Federal Circuit judge, and organized programs on some of the most pressing issues in IP and law and technology. 

Without the support of students, faculty and alumni like YOU, the Maurer IP community wouldn't be where it is today. Thank you!  

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

 

Maurer's IP Program is ranked #30 by U.S. News

Spring 2024 Updates

I. Spring Semester Events

  • CIPR Cermony of Appreciation for Adjunct Professors

CIPR was thrilled to hold a ceremony on February 20th to honor five individuals who have committed significant time and energy through the years providing support to the Center and our Maurer students.

(l to r) Janis, Dean Ochoa, Castanias, Dutta

Joined by Dean Ochoa, we were honored to thank Greg Castanias, Don Knebel, Brad Maurer, Robert Meitus and Jessica VanDalen for their years of service. 

(l to r) Janis, Dean Ochoa, Knebel, Kumar  

  • Design Patent Obviousness: LKQ v. GM En Banc at Federal Circuit

In partnership with AIPLA and IP Theory, Professor Mark Janis along with Christopher V. Carani of McAndrews organized a webinar recapping the oral arguments in LKQ Corp. v. GM Global Tech, on design patent obviousness.  Counsel for both parties participated (Joseph Herriges of Fish & Richardson representing GM, and Mark McKenna of Lex Lumina, representing LKQ). The webinar was part of AIPLA's webinar series and drew a large audience. 

  • Copyright Law in the Age of AI: A Collaboration with Jacobs School of Music

In collaboration with the Jacobs School of Music, Maurer held a panel conversation on "Copyright Law in the Age of AI" on March 29th. Maurer Law professors Marshall Leaffer and Michael Mattioli were joined by industry professional Chris McMurty of Artist Growth as well as Miriam Lord, Associate Register of Coprights and Director of Public Information and Education from the U.S. Copyright Office on this panel moderated by Adjunct Professor Robert Meitus. Discussion surrounded questions about liability of using copyrighted works to train AI models, the copyrightability of works created by AI, and potential legislative, regulatory, or normative solutions to these issues.  

This panel was a part of a larger event held by the Jacobs School of Music. 

A video of the panel is available here:

COPYRIGHT LAW IN THE AGE OF AI - Algorhythms Summit

  • Film Industry & Law: A Conversation with Angelo Pizzo & Matthew Dresden

Bloomington’s own Angelo Pizzo, screenwriter and producer best known for “Hoosiers” and “Rudy," visited Maurer on April 11 to talk about his personal experiences in film production and distribution. The discussion was moderated by Maurer Adjunct Professor Matthew Dresden, an attorney practicing entertainment and IP law who taught our IP Practicum course Legal Aspects of Independent Filmmaking this spring. 

This event was organized partnership with Maurer’s Sports & Entertainment Law Society student group.

  • Legal Perspectives in Cybersecurity and Informational Privacy: A Talk with Andrew Tannenbaum

In partnership with the Cybersecurity & Privacy Law Association, CIPR was pleased to welcome Andrew Tannenbaum, General Counsel of Barclays Execution Services (BX) and Lecturer in Law at Columbia, to speak as a part of the Law & Technology Practitioner in Residence series in February. The discussion was moderated by Professor Asaf Lubin, Tanner Wilburn, President of the Cybersecurity and Privacy Law Association, along with Karlie Hinton, President of the Intellectual Property Association. Conversation covered topical issues at the intersection of privacy, cybersecurity, AI, intellectual property and business among other topics.

  • Finnegan Firm Visit from Four Maurer IP Alumni 

In early April, CIPR hosted a visit from the firm Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. Alumni Kassandra Officer ’14, Kenneth Guerra ’19, Ryan McDonnell ’18 and Melanie Magdun ’21 returned to Maurer to meet with students and share a lunch talk about Finnegan and their experiences as IP practitioners.

We thank them all for their time!  It great to see all of them back in Bloomington.

  • International IP Attorney and Mediator Avi Ordo Meets with Students

Avi Ordo, Partner with S. Horowitz & Co., joined students for an informal discussion. Mr. Ordo, a prominent attorney from Israel with more than thirty years of experience, spoke to the significant amount of work he has done in IP mediation.

  • A Conversation with Judge Pauline Newman

On April 11th, Professor Greg Castanias '90 arranged for students and faculty to share a conversation with Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit.

Called the “heroine of the patent system,” in addition to “the Federal Circuit’s most prolific dissenter” Judge Newman’s storied career has spanned 40 years and earned her numerous accolades. She shared stories of her professional life in the science, patent and legal fields, including her involvement in the commission that led to the creation of the Federal Circuit, before her ultimate nomination to that Court in 1984.  This was certainly a once-in-a-lifetime chance to share time, thoughts and insights with a judicial legend. 

We thank Judge Newman for her time and Professor Castanias for arranging the event!

II. IP Theory Highlights

Publications

  • Volume 13 Issue 1: 
    • Article "A Closer Look at the "Eye" Test: The British Influence on Early American Design Patent Infringement Law" by Mark D. Janis, Professor at Indiana University Maurer School of Law.
    • Note "What's Not Natural Phenomena? Let's Consider a Three-Step Innovative Concept Test for Composition of Matter" by Sydney Hancock '24
  • Volume 13 Issue 2:
    • Article "The Copyright Requirement of Human Authorship for Works Containing Artificial Intelligence-Generated Content" by Runhua Wang, Associate Professor, The University of Science and Technology Beijing.
    • Article "Failure to Function: A Potential New Shield Against Trademark Infringement?" by Alyssa Yoshino, Associate at Ziliak Law

Fire of Genius Podcasts

  • Ten podcasts released this spring.
    • Seven short-form episodes on IP topics from associates:
      • An Updated Discussion on Jack Daniels’ Win at the Supreme Court
      • The Sticky Legal Issues Around Trademarking Candy Shapes 
      • Redefining Expression in Ink – Copyright Law & Tattoos 
      • The Latest on NIL with the Attacks on NCAA Recruiting Guidelines 
      • Trademarks and Brain Scans - Trademark Consumer Surveys
      • The Unified Patent Court: A New Era for EU Patents
      • A Survey of AI Regulation 
      • How Tribute Bands Can Navigate IP Laws
    • Two longer-form interviews:
      • Do NIL Bills Really Protect College Athletes’ Rights?: A discussion with  Professor Jayma Meyer
      • Limitations on Extraterritorial Trademark Infringement Recovery: An spotlight episode on the 2023 U.S. Supreme Court case Abitron Austria GmbH v. Hetronic International with Maurer Professor Marshall Leaffer

Congratulations to outgoing editor-in-chief Nicole Scelta, and to incoming editor-in-chief Jackson Wahlbom!

IP Theory 2023-2024  

III. IP Pro Bono Program Highlights

IP Law Clinic and Patent Connect Program

  • During the Spring 2024 sememster, the IP Law Clinic students helped to register three trademarks, including one for a client who was also an Indiana University student.
  • Students participating in both the IP Law Clinic and the PatentConnect program presented to local entrepreneur groups during the semester including the following:
    • Stephanie Kaplan presented at Ivy Tech in February
    • Sydney Stankovich, A-Chiaray Kasiyapong, Supitsara Suwanyod, Zhe Che, Hannah Fogel and Karlie Hinton at The Dimension Mill in March
    • Srija Dutta, Jackson Wahlbom, Lucia Bozzo, and Amelia Statham-Taylor at Shoebox Startup Incubator at IU Innovates in April.

IV. Student News

  • IP Association Highlights

Under the leadership of IP Association President 2L Karlie Hinton, the Association:

  • Helped to organize the inaugural Maurer IP Virtual Networking Event
  • Hosted several other spring semester events, including co-hosting a Law & Technology Course Information (for 2024-25 courses) with the Cybersecurity and Privacy Law Association as well as and a Loyola Patent Job Fair Information Session

We thank Karlie for a great year of leadership and dedication to Maurer IP! 
We would like to congratulate and welcome incoming IP Association President, Lily Rutledge and her Executive Board!

 

  • IP Moot Court Highlights

CIPR had a large contingent of students, faculty, and alums involved in intellectual property-related moot court competitions this spring.  

  • Tulane Sports Law

Maggie McComas and Jacob Orban participated in the Tulane Sports Law competition. This year’s problem included trademark and right-of-publicity issues. The team advanced through several rounds to the finals and finished as the national runner-up. Professors Janis and Hedges helped with oral argument practices. 

  • Oxford International Intellectual Property Law Moot

Karen Kukla, Sydney Hancock, and Qixuan (Vanessa) Wang participated in the Oxford International Intellectual Property Moot. The team qualified for the oral rounds (based on the quality of its written submissions) and competed in Oxford, England over spring break.  Brian Verbus ’13 and Andrew Langford ’13 coached the team, with help from Professor Janis. Natalie Jones-Malchow ’13, Sarah Eddy ’19, Richa Patel ’22, John Grasty ’22, and Matthew Spegele ’22 helped with oral argument practices and advised on the supporting materials needed for oral argument.

Oxford Moot Court Team (l to r) Kukla, Wang, Hancock  
INTA Moot Court Team (l to r)Shu, Wahlbom, Karimabady
  • INTA Saul Lefkowitz

Kayvan Karimabady, Tianyuan Shu and Jackson Wahlbom participated in the INTA Saul Lefkowitz competition, competing well in the Chicago regional competition in early February.  Francesca Campione ’20 and Keltie Haley ’20 coached the team, with Professor Janis. Louis Perry, Olivia Clavio, Megan Wheeler ’23, Professor Robert Meitus ’00 also helped with oral argument practices. 


  • AIPLA Giles S. Rich

Joe Garloch and Jeff Greenbaum participated in the AIPLA Giles S. Rich competition (dealing with copyright law this year).  Ryan McDonnell ’18 and Jeff Soller ’18 coached the team, with help from Professor Janis. Professor Castanias, Professor Knebel, Josh Larsen, and Mike Morris ’11 also helped with oral argument practices. 

  • National Patent Drafting Competition

Rob Kesling and Hunter Schmittou participated in the National Patent Drafting competition in early March. Professor Hedges coached the team.

 

  • ChIPs Maurer Chapter

Under the senior leadership of ChIPs Coordinators 3L Karen Kukla and 3L Maame Yaa Norman, this semester the Maurer Chapter:

  • Hosted a Guided Yoga and Meditation Event with Instructor Eryn Blair during Maurer Wellness Week open to all students.
  • Participated in a Networking Dinner with members of the ChIPs Indianapolis Chapter at Modita in Indianapolis.
Networking Dinner with ChIPs Indy Chapter (l to r) Angela Freeman, Elizabeth Shuster, Lindsey Fisher, Maame Yaa Norman, Anusuya Das, Apoorv Singh, Ziwei Lin, Srija Dutta, Holly Banta, Deborah Pollack-Milgate and Sandra Brown.  
We thank Karen, Maame Yaa and LLM ChIPs Coordinator, Arathi, all of who will be graduating in 2024. This was a great year of leadership and dedication to the mission of empowering underrepresented communities to achieve their full potential as IP students and practitioners! 
We would like to congratulate and welcome incoming ChIPs Coordinators 3L Srija Dutta, 2L Sohra Saeedi and 2L Ziwei Lin.

 

  • Student Spotlight -  Maame Yaa Norman '24

After completing her summer associate program last year, Foley & Lardner, LLP, asked 3L Maame Yaa Norman to be a guest on their podcast, The Path & The Practice. Maame Yaa shares her story about coming to the United States from her native Ghana, about her law school experiences at Maurer and much more. 

 

  • Federal Circuit Advocacy with Prof. Castanias

Students in Professor Castanias' Federal Circuit Advocacy class concluded their semester with a formal mock argument activity in the Moot Court Room. Students argued the Federal Circuit case Meiresonne v. Google and also had the chance to serve as judges on the panel for their classmates.

Federal Circuit Advocacy Spring 2024 (l to r) Sydney Hancock, Tiffany Lee, Anneli Kawaoka, Alexa Grillis, Jon Vastag, Prof. Greg Castanias, Joe Garloch, Jacob Boesch, Karen Kukla, Maame Yaa Norman.  

  • Student Recognition

CIPR is proud to congratulate each of these outstanding students on their accomplishments!

Writing Award - Anneli Kawaoka '24

2024 Law360 Distinguished Legal Writing Award

Ms. Kawaoka’s “Psychedelic Drugs & The Prior Art Problem,” was one of 15 law student publications selected to receive a 2024 Law360 Distinguished Legal Writing Award. The note which was published in the Indiana Law Journal’s Winter 2023 edition examined the conflict between the growing use of psychedelic drugs as a treatment for certain mental health conditions and the lag in approval for psychedelic-related patents with the U.S. Patent & Trademark Office.

 

Clerkship - Karen Kukla '24

United States District Court for the District of Delaware for The Honorable Jennifer L. Hall

2025-2026

Ms. Kukla’s inspiration to clerk stems from her desire to learn more about the patent lifecycle from multiple vantage points. Beginning her career as a patent examiner at the USPTO provided insights into the initial examination process. After law school, Karen will transition into IP litigation at Kirkland & Ellis, LLP, representing clients.  Spending time as a clerk will help her observe patent matters from the judicial perspective and complete her exposure to key roles within the IP cycle. 

 

Clerkship - Jacob Boesch '24

Patent Trial and Appeal Board at USPTO Headquarters in Alexandria, VA

2024-2025

In speaking with judges and former clerks, Mr. Boesch felt confident that a PTAB clerkship would be a great way to build his skills and establish a solid career in patent law. To be eligible for a PTAB clerkship, he would highly recommend taking patent law, patent trial practice, and IP clinic while at Maurer. Additionally, networking was an important part of his process.  He has documented the process he followed to guide future applicants, and this information is available through Career Services.

V. Alumni News

Congratulations to the following Maurer IP alumni on their recent recognition:

Abe Shanehsaz '14

2024 Leadership in Law: Up & Coming Lawyer Award from Indiana Lawyer

 

 

 

Andre Adkins '17

Recognized by World Intellectual Property Review Diversity as a Top 100 Lawyer in 2024

 

 

 

If you have Alumni News you would like to have included in a future newsletter, please feel free to share with us at cipr@indiana.edu!

 

 

Staff Recognition

In April, Center Coordinator, Melissa Berry, along with three other Maurer staff members, were awarded with a 2024 Staff Merit Award. This award is presented to staff members for their outstanding contributions to the Law School.  

(l to r) Faculty assistant M. Hayes, Senior Faculty Assistant and Supervisor R. Eads, Jerome Hall Law Library Archives and Digital Preservation Specialist K. Bull , Center for Intellectual Property Research Coordinator M. Berry and Dean Ochoa.

VI. Faculty Highlights

Center faculty have presented their research to many audiences and published scholarly works in intellectual property law and adjacent areas.

 

Recent Recognition

Don Knebel

Presented with the Adjunct Faculty Teaching Award from Maurer on March 22nd in recognition of exceptional teaching.

“Professor Knebel has an ability to create an approachable environment in class, and an ability to constantly engage students in interesting discussions. He is a master at distilling down complex topics, and many students felt confident their classes with him have prepared them well for practice.”

Jenn Oliva

Presented with a Trustees’ Teaching Award from Maurer on March 22nd in recognition of exceptional teaching and was awarded during her first year of teaching during the academic year.

Congratulations to Don, Jenn, and the other Teaching Awardees! 

Trustee's Teaching Awardees (l to r) Knebel, Fuentes-Rohwer, Oliva, and Freitag with Dean Ochoa.

Recent Publications

Mark D. Janis

Relative and Absolute Patentability, - Wake Forest L. Rev. (forthcoming 2024) (with Holbrook)

Design Patent Infringement as Unfair Competition - Wm. & Mary L. Rev. (forthcoming 2025) 

How the Supreme Court Ghosted the PHOSITA: Amgen and Legal Constructs in Patent Law, - 109 Iowa L. Rev. Online 83 (2024) (with Holbrook)

Design Patent Obviousness: The Road Ahead?, - 109 Iowa L. Rev. Online 128 (2024)

A Closer Look at the “Eye” Test: The British Origins of American Design Patent Infringement Law - 13 IP THEORY (2023-24)

 

   
Marshall Leaffer

UNDERSTANDING COPYRIGHT LAW, 8th Ed. Carolina University Press (2024)

 

 

 

 

Michael Mattioli

DISTRIBUTIVE FAIR USE (DENVER LAW REVIEW) (forthcoming 2024)

ENVIRONMENTAL KNOWLEDGE AS A COMMONS (CAMBRIDGE UNIVERSITY PRESS) (forthcoming 2024) (co-editor with Angie Raymond, Jessica Steinberg, and Scott Shackelford)

THE METAVERSE: WHAT EVERYONE NEEDS TO KNOW (OXFORD UNIVERSITY PRESS) (forthcoming 2024) (with Scott Shackelford, Jeff Prince, and João Marinotti)

Conjuring the Flag: The Problem of Implied Government Endorsements, 83 MD. L. REV. (2024), reviewed in Alexandra Roberts, Name-Dropping Government Agencies in Advertising, JOTWELL (September 20, 2023), https://ip.jotwell.com/name-dropping-government-agencies-in-advertising/.

 

Chung-Lun Shen

CIPR Affiliated Faculty and Associate Dean and Distinguished Professor, College of Law, National Chenchi University (Taiwan)

Destruction, Proportionality, and Sustainability: A Law-and-Economics Analysis, 32 TEXAS INTELL. PROP. L. J. 111 (2024) (with Thomas F. Cotter)

Presentations

  • Adjunct Professor Greg Castanias spoke at Stanford Law School’s Silicon Valley IP Forum in Palo Alto, California in March 2024. He participated on a panel dedicated to Appellate Practice in IP cases.
  • Last fall, Professor Yvonne Cripps chaired a panel and presented on anti-SLAPPs measures at the 30th Anniversary Conference called Protect in London at Linklaters LLP.
  • During the spring semester, Professor Mark Janis participated in several presentations including the following:
    • Presenter, Relative and Absolute Patentability, Patent Scholars’ Roundtable Vanderbilt School of Law, Nashville, TN, Jan. 2024.
    • Organizer/Panel Moderator, Design Patent Obviousness in LKQ (AIPLA Webinar) (virtual), Feb. 2024.
    • Presenter, Chicago Kent IP Colloquium, (virtual), Feb. 2024.
    • Organized Trademark Scholars’ Roundtable, Las Vegas, NV, Feb. 2024 along with Prof. Graeme Dinwoodie, Chicago Kent.
  • On April 8, Professor Marshall Leaffer spoke at the 31st Annual Intellectual Property Conference at Fordham University. He presented, “What’s Left of Trademark Extraterritoriality After Abitron v. Hetronic?”
  • In early May, Professor Mark Need presented “Everything in its Right Place: Assembling and Cultivating Successful Startup Ecosystems” at the 20th Annual Transactional Clinical Conference at the St. Louis University School of Law.