November 2023

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. Fall Semester Events

IP Colloquium Speaker Series

Pictured: Peter Lee

Professor Michael Mattioli hosted the following speakers as part of the IP Colloquium Speaker Series: 

  • Camilla A. Hrdy, University of Akron School of Law – “Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes”
  • Greg Reilly, Chicago-Kent College of Law – “Noisy Patented Signals”
  • Sarah Rajec, William & Mary School of Law  – “Pleasure Patents”
  • Peter Lee, University of California, Davis School of Law – “Enhancing the Broader Social Impacts of Innovation”
  • Laura Pedraza-Fariña, Northwestern University Pritzker School of Law – “Polycentric Healthcare Innovation”

 

Path-to-IP Careers Panel

CIPR and the IP Association welcomed the incoming 1L class by organizing a hybrid panel of practitioners to share their career path experiences in intellectual property law. 

 

 

 

 

Panelists included:

  • Mike Young - General Counsel, Roche Diagnostic (Retired)
  • Jim Daly - Lead Counsel, Corteva Agriscience
  • Deborah Pollack-Milgate - Partner, Barnes & Thornburg
  • Abe Shanehsaz '14 - Associate Attorney, Faegre Drinker
  • Keltie Haley '20 - Associate Attorney, Meitus Gelbert Rose 
  • Rachael Taylor '20 - Associate Attorney, Frost Brown

 

Networking Event with ChIPs

Maurer's Chapter of ChIPs started out strong with a networking event to support incoming 1Ls in learning how to navigate meeting new people and interacting at parties. Senior Director of Career Services, Kate Caldwell, provided a tutorial and students were joined by the following regional practitioners who offered their insights and engaged with students:

  • Joel Tragesser - Partner, Quarles
  • Dan Long - Partner, Quarles
  • D. Michael Allen - Attorney, Allen Law
  • John Daerr - Chairman, Varbergs
  • Stacy A. Cole - Partner, Keating Muething & Klekamp PLL
  • Taylor Lavender '22 - Associate, Barnes & Thornburg
  • Payton Hoff DuBose '21 - Associate, Barnes & Thornburg
  • Alyssa Eckerley-Case '18 - Patent Prosecution Associate, Faegre Drinker

 

Cutting Edge Law & Tech Research Panel with Maurer Faculty

With an understanding of the critical importance of the subject matter to the legal profession, CIPR organized a panel open to all faculty whose research encompasses any aspect of law and technology. Held early in the fall semester, faculty were able to introduce themselves and share information about their research topics relating to Law & Technology. This offered a great opportunity for new and returning students to learn about the cutting-edge research that is being conducted by our esteemed faculty members as well as meet other students with interest in law and technology. 

Faculty who presented included:

  • Asaf Lubin
  • Jenn Oliva
  • João Marinotti
  • Mark Janis
  • Mike Mattioli
  • Norm Hedges
  • Sarah Jane Hughes
  • Suneal Bedi
  • Valena Beety

 

IP Practitioner-in-Residence Series

This fall, the Center hosted the following IP Practitioner-in-Residence talks: 

  • John A. Cleveland Jr., PhD, Esq., General Patent Counsel, Assembly Biosciences, joined us to speak about Pharmaceutical Patent Practice. CIPR partnered with IU Department of Molecular & Cellular Biochemistry for this talk.
  • Clark W. Lackert, Deputy General Counsel, World Trade Center Association, joined us to speak about Intellectual Property in Space. Co-sponsored by Maurer's Space Law Society. 
  • Jeanne M. Gills, Partner, Foley & Lardner LLP, shared her expertise, information advice and practical examples from her career working as an IP attorney and in firm management. Co-sponsored by Maurer's chapter of ChIPs. 

 

Name, Image, and Likeness (NIL) at Maurer

Fall 2023's edition of preLaw Magazine named Maurer School of Law one of the "20 Most Innovative Law Schools" for the Center's NIL Initiative. The article featured coverage of the program, quotes from Professor Janis, along with photos with IU student athletes and Maurer law students.

Center Director, Mark Janis and IP Law Clinic Director, Norm Hedges visited Memorial Hall and met with IU Athletics to discuss how the IP Clinic's NIL Initiative, which pairs law students under Hedges' supervision with IU student athletes, can better support athletes with navigating their individual NIL deals and the current NIL landscape.

 

Today's NIL Landscape: A Panel Discussion

Pictured: Jayma Meyer and Tyler Harris

Maurer's Sports and Entertainment Society student organization collaborated with CIPR to organize the "Today's NIL Landscape" panel discussion.

Panelists included:

  • Jayma Meyer, Visiting Clinical Professor from the Paul H. O’Neill school of Public and Environmental Affairs
  • Jeremy Gray, Senior Associate Athletic Director for Strategic Communications
  • Tyler Harris, Executive Director of Hoosiers for Good, a charitable NIL nonprofit

 

Meitus hosts Digital Music Law Panel

Adjunct Professor Robert Meitus '00 moderated and participated in a panel discussion comprised entirely of Maurer alum working in the Music Law industry titled "Practicing Music Law in the Digital Era."

Panelists included: 

  • Jordan Gutglass ’14, Senior Counsel, Eisner, Inc.
  • Leigh Isaac ’15, Associate General Counsel, Secretly Group
  • Justin Sagnella ’17, Attorney, Mark Music Law
  • Keltie Haley ’20, Associate Attorney, Meitus Gelbert Rose LLP

 

Ramsey on SCOTUS Oral Arguments and Trademark Dispute

In November, CIPR along with the IP Association hosted University of San Diego Professor of Law Lisa P. Ramsey for a virtual talk on the Vidal v. Elster trademark dispute. She provided an overview and recap on the recent SCOTUS oral arguments.

 

Leaffer presents at Maurer International IP Event

Emeritus Professor Marshall Leaffer gave a talk on this year's SCOTUS ruling handed down on Abitran Austria GmbH v. Hetronic International, Inc. limiting a U.S. company's ability to recover damages for extraterritorial trademark infringement. His talk was sponsored by the International Law Society at Maurer with support by CIPR.

 

 

IP Professors Teach at Purdue, Rose-Hulman

Each semester, the IP professors make an effort to introduce aspects of intellectual property law to engineering students. 

Purdue

During the fall semester, Professors Hedges, Janis, and Knebel each returned to their respective engineering schools at Purdue to speak on intellectual property law. Professor Hedges spoke on patent law careers to several hundred students in ME; Professor Janis (with Professor Hedges) taught a session of a ChemE class; and Professor Knebel addressed EE students.

Rose-Hulman

In Professor Stamper's IP for Engineers course at Rose-Hulman Institute of Technology, Professor Hedges supervised a claim drafting project and Professor Janis taught a session of trademark law.  

Indiana University 

Back home at IU, Professor Janis was also pleased to make a return appearance to Eskenazi School of Art, Architecture, and Design Dean Peg Faimon's W200 Design Practice class, offered in the spectacular Mies van der Rohe building. Professor Janis taught a class session on intellectual property law protection for designs. 

III. IP Pro Bono Program Highlights

IP Law Clinic and Patent Connect Program

Pictured above: Josh Everetts, Joe Garloch, Stephanie Kaplan, Nainika Ravi, Devika Maradapu
  • Students participating in our IP Law Clinic and PatentConnect program traveled to Evansville, IN to make a presentation to a group of local entrepreneurs and professors from the University of Southern Indiana and Ivy Tech Community College. The presentation included discussions about intellectual property and the pro bono services available through the IP Law Clinic and PatentConnect programs.
  • Our pro bono IP Law Clinic continues to be one of the busiest in the country.  In November 2023 alone, three clinic clients received U.S. patents!

IV. Student News

IP Students Visit Indy Firms

In mid-November, 14 Maurer students, most of whom are 1Ls with a strong interest in intellectual property law, visited downtown Indy firms Barnes & ThornburgLLP and Faegre Drinker. The students were given tours and had ample time to interact with IP attorneys, many of whom are Maurer alumni.

 

ChIPs Maurer students attend Indianapolis ChIPs Fall Fashion Show

Members of our Maurer ChIPs chapter were invited to attend this year's Indianapolis ChIPs Fall Fashion Show event held at Barnes & Thornburg LLP on September 14th. Special thanks to the Indianapolis ChIPs chapter for extending this special invitation! 

 

 

Moot Court Competitions

CIPR is pleased to share that we have students actively preparing for the following Moot Court competitions: 

  • AIPLA 2023-2024 Giles S. Rich Memorial Moot Court Competition
  • INTA 2023-2024 Saul Lefkowitz Moot Court Competition
  • 21st Annual Oxford International Intellectual Property Law Moot Competition
  • The 2024 National Patent Application Drafting Competition (USPTO)
  • 2024 Global Antitrust Institute Invitational Moot Court
  • 2024 Tulane Sports Law Moot Court Competition

Please join us is in wishing them all the best of luck with their competitions which take place throughout the spring semester! 

V. Faculty Highlights

Publications

Valena Beety

SCIENTIFIC EVIDENCE (6th ed. 2023 Cum. Supp.) (with Paul C. Giannelli, Edward J. Imwinkelried, Jane Campbell Moriarty & Jennifer Oliva)

Mark D. Janis

Secondary Liability in U.S. Trademark Law: The Ambivalent Legacy of Warner v. Lilly, in BENTLY & BONE, HISTORICAL PERSPECTIVES ON TRADEMARK LAW (Elgar 2023-24)

How the Supreme Court Ghosted the PHOSITA: Amgen and Legal Constructs in Patent Law, 109 IOWA L. REV. ONLINE (2023-24) (with Holbrook)

Design Patent Obviousness: The Road Ahead?,  109 IOWA L. REV. ONLINE (2023-24)

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. forthcoming 2024)

     

    

 

 

Michael Mattioli

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/.

    

Jennifer D. Oliva

The “New” Drug War, 110 VA. L. REV. (forthcoming 2024) (with Taleed El-Sabawi) 

Expecting Medication Surveillance, 93 FORDHAM L. REV. (forthcoming 2024)

Reforming Clinical Trial Pregnancy Exclusions, 15 ConLawNOW (forthcoming 2024)

Policing Pregnancy “Crimes,” 98 NYU L. REV. ONLINE (2023) (with Valena Elizabeth Beety)

SCIENTIFIC EVIDENCE (6th ed. 2023 Cum. Supp.) (with Paul C. Giannelli, Edward J. Imwinkelried, Jane Campbell Moriarty & Valena E. Beety)

Challenging Disability Discrimination in Clinical Algorithms, 53 HASTINGS CTR. REP. (2023) (with Elizabeth Pendo) 

    

Chung-Lun Shen

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

New Evaluation of Patent Infringement in the Cross-Border Divided Transactions-In terms of Patent Economic Value, 25 TUL. J. TECH. & INTELL. PROP. 105 (2023).

Destruction, Proportionality, and Sustainability: A Law-and-Economics Analysis, Minnesota Legal Studies Research Paper No. 23-11 (2023), TEXAS INTELL. PROP. L. J. (forthcoming) (with Thomas F. Cotter)

Presentations

  • Professor Valena Beety moderated the opening panel of the 2023 Just Data: Advancing the Innocence Movement, titled Innocence Worldwide: Uncovering and Exploring Wrongful Convictions on November 9, 2023.
  • Adjunct Prof. Greg Castanias '90 took part in the Members Consultative Group and Adviser’s Meeting for the in-progress Restatement of Copyright Law at the American Law Institute in Philadelphia, Pennsylvania on September 28, 2023.
  • Professor Mark Janis participated in the Patent Scholars Roundtable (January 2023, Vanderbilt Law), organized and participated in the Trademark Scholars Roundtable (February 2023, UCLA Law), presented on design patent issues to the US Patent and Trademark Office in March 2023 as part of the Office's External Speaker Series, presented on patent law at Purdue University's Davidson School of Chemical Engineering (September 2023), and presented on trademark law at the Rose-Hulman Institute of Technology (November 2023).
  • Professor Michael Mattioli presented at the M3 IP Scholars Workshop for the University of Miami School of Law in May 2023.
  • Professor Jennifer D. Oliva presented her research at several conferences recently, including:
    • American Public Health Association (APHA) 2023 Annual Meeting in Atlanta, GA, November 12, 2023
    • Center for Constitutional Law’s 2023 Constitutional Law Conference: Gender, Health & the Constitution, The University of Akron School of Law, Akron, OH, October 13, 2023
    • 23rd Annual Conference of the European Society of Criminology (Eurocrim2023), Palazzo dei Congressi and Palazzo degli Affari, Florence, Italy, Sept. 6, 2023