May 2024

From the Director

We hope you enjoy the following report detailing the Fall 2023 activities, news, and events from the Center for Intellectual Property Research at the Indiana University Maurer School of Law. Hardly a week went by this semester without an engaging speaker or an activity for students.

The Center is pleased to have welcomed new affiliated faculty who study at the intersection of law and technology: Valena Beety (law and tech in criminal law) and Jenn Oliva (law and tech in health law).

We were honored that Maurer was named in the Fall 2023 edition of preLaw Magazine as one of the "20 Most Innovative Law Schools" for our IP Clinic’s NIL Initiative

Watch for information inviting you to participate in the first ever Maurer Virtual IP Networking Mixer on Thursday February 1st, 2024 at 6pm Eastern, via Zoom! 

As always, it’s a privilege to be a part of this prosperous IP community at Maurer with you!

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

I. Spring Semester Events

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

International IP Attorney and Mediator Avi Ordo Meets with Students

Early in the semester, 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.

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

On February 5th, the en banc Federal Circuit held oral argument for the appeal in LKQ Corp. v. GM Global Tech. It is rare that the Federal Circuit takes a case en banc, and even more rare for it to be a design patent case. This was only the third time in the history of the court and a topic worthy of discussion!

Professor Janis along with Christopher V. Carani of McAndrews, Held & Malloy, co-moderaterated a panel with Counsel for GM, Joseph Herriges, (Fish & Richardson) and Counsel for LKQ, Prof. Mark McKenna (UCLA School of Law). This panel of experts convened on February 8th shortly after the oral arguments to discuss the issues at play in the case, potential outcomes and share their insights and observations from the courtroom.

Planning by IP Theory. Webinar hosted by AIPLA.

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

Law & Technology Practitioner in Residence Talk: Legal Perspectives in Cybersecurity and Informaitonal Privacy 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.

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.

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

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

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.

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 April11 to talk about his personal experiences in film production and distribution. The discussion was moderated by Maurer Adjunct Professor Matthew Dresden, 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.

A Conversation with Judge Pauline Newman

On April 11th, Professor Greg Castanias 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 forty years and innumerable 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.
    • 7 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

V. Alumni News

We are proud to share news and recognition from our esteemed Maurer IP Alumni.

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’s as a Top 100 Lawyers 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!

V. Faculty Highlights

Center faculty has presented their research to many audiences and published scholarly works in intellectual property law and adjacent areas.  We are proud to share these updates.

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 is 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

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)

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

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

           

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 of an organization 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 a talk titled, “What’s Left of Trademark Extraterritoriality After Abitron v. Hetronic?”
  • In early May, Professor Mark Need presented his paper titled “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.