Impact of Article 2B

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Panel 3: THE INTERFACE OF STATE CONTRACT RIGHTS WITH FEDERAL PROCEDURE & POLICY

Papers to be Presented:

"Beyond Preemption: The Federal Law and Policy of Intellectual Property Licensing"
Mark A. Lemley, University of Texas School of Law

"Free Contracting, Fair Competition, and Draft Article 2B: Some Reflections on Federal Competition Policy, Information Transactions, and 'Aggressive Neutrality'"
David F. McGowan, Howard, Rice, Nemerovski, Canady, Falk & Rabkin

Commentators:

John H. Barton, Stanford Law School
Robert W. Gomulkiewicz, Microsoft Corporation
Christopher J. Kelly, U.S. Department of Justice
Charles R. McManis, Washington University School of Law


PRESENTER BIOS

Mark A. Lemley

Mark Lemley received his J.D. from Boalt Hall School of Law at the University of California at Berkeley, and his A.B. from Stanford University. He is an Assistant Professor of Law at the University of Texas in Austin, Texas, where he teaches intellectual property, computer law, antitrust, and regulation of the Internet. He is of counsel to the law firm of Fish & Richardson, where he litigates and counsels clients in the areas of antitrust, intellectual property and computer law. He is the author of three textbooks and over twenty articles on these and related subjects, and has testified before Congress and the Federal Trade Commission on patent and antitrust matters. He has chaired nearly a dozen major conferences on intellectual property and computer law, including Computers Freedom and Privacy '98, and he was the 1997 Chair of the Association of American Law Schools Section on Law and Computers.

David F. McGowan

David McGowan is an associate in the litigation department of Howard, Rice, where he concentrates his practice in antitrust litigation and counseling and securities litigation. Mr. McGowan has both brought and defended claims under the federal and state antitrust laws for clients such as Bankers Trust Company, The Dial Corporation, and Safeco Life Insurance Company, as well as advising clients on merger and acquisition issues arising under the Hart-Scott-Rodino Antitrust Improvements Act.

His most recent publication, forthcoming in the Hastings Communication & Entertainment Law Journal, discusses legal economic issues relating to "essential facilities" claims in software markets. He has lectured on that topic in seminars sponsored by Hastings College of Law and the University of Texas School of Law. Mr. McGowan has been a lecturer at Boalt Hall School of Law, University of California at Berkeley, and is a member of the Antitrust Section of the American Bar Association. He is presently co-authoring an article regarding antitrust issues arising in markets characterized by network economic effects.

After graduating magna cum laude from UCLA in 1986, where he was a member of UCLA's national championship debate team, Mr. McGowan received his J.D. from Boalt Hall School of Law in 1990, where he was an associate editor of the California Law Review, a member of the National Moot Court team, recipient of the prize for best student publication, and a member of the Order of the Coif. Mr. McGowan served as Law Clerk to the Hon. A. Raymond Randolph of the United States Court of Appeals for the District of Columbia Circuit during the 1990 term. Mr. McGowan then practiced for three years with the firm of Skadden, Arps, Slate, Meagher and Flom prior to joining Howard, Rice.


COMMENTATOR BIOS

John H. Barton

John H. Barton is the George E. Osborne Professor of Law at Stanford University Law School and the co-director of the Stanford Center for Law and Technology Policy. He teaches courses in contract, international business transactions, law and high technology, international environmental law and international antitrust law. He has been a visiting professor at the University of Michigan and Harvard University. In addition, he has been chair of the National Genetic Resources Advisory Council, a member of the National Academy Panel on Genetic Diversity and the NAFTA dispute settlement panels with Canada and Mexico.

Professor Barton received his B.S. from Marquette University and his J.D. from Stanford University, where he was a member of the Law Review. Before attending law school, Professor Barton worked as an engineer for Sylvania Electronic Defense Laboratories. Before joining the Stanford Law faculty, Professor Barton worked as an attorney for Wilmer, Cutler and Pickering.

Robert W. Gomulkiewicz

Robert W. Gomulkiewicz is a Senior Corporate Attorney at Microsoft Corporation. Mr. Gomulkiewicz's practice focuses on software licensing transactions and providing advice on copyright, trade secret, and other intellectual property protection issues. Mr. Gomulkiewicz manages the law department's software platforms and applications practice group, which consists of lawyers supporting product development for Microsoft's systems and desktop applications software, including its Windows, Windows NT, BackOffice, and Office products. Mr. Gomulkiewicz chairs the UCC 2B Working Group of the Business Software Alliance. He co-teaches a course at the University of Washington Law School entitled "Legal Protection of Software" and teaches the technology licensing segment for the "Drafting Basic Business Documents" course. Mr. Gomulkiewicz joined Microsoft in 1991 from the Seattle law firm of Preston Gates & Ellis, where he specialized in software licensing transactions and computer software litigation (including the Apple v. Microsoft litigation). Mr. Gomulkiewicz has published articles on software licensing and intellectual property protection related to software. Mr. Gomulkiewicz is a graduate of the University of Washington Law School, Henry M. Jackson School of International Studies, and Pacific Lutheran University.

Christopher Kelly

Christopher J. Kelly is the Antitrust Division's Senior Counsel to the Assistant Attorney General for Intellectual Property and Antitrust. In 1994 and 1995, he was Assistant and then Acting Chief of the Division's Civil Task Force I, a unit created to revitalize the civil enforcement of the antitrust laws in areas other than mergers, including vertical restraints, standard-setting, and intellectual property. Mr. Kelly received his A.B. magna cum laude from Harvard College in 1980, and his J.D. from Columbia University in 1983. He joined the Antitrust Division in 1984, after completing a clerkship with Judge John A. Terry on the District of Columbia Court of Appeals. During his career with the Antitrust Division, which also included stints in the Division's Chicago Field Office, Office of Operations, and Communications & Finance Section, Mr. Kelly has investigated and prosecuted antitrust violations in businesses ranging from road building to treasury securities to intellectual property licensing. He has also advised the Administration's interagency working group formed to coordinate federal policy relating to the Internet Domain Name System.

Charles R. McManis

Charles R. McManis is Professor of Law at the Washington University School of Law in St. Louis. He teaches courses on entertainment law and contract drafting, intellectual property law and licensing, torts and unfair trade practices.

Professor McManis is active in the intellectual property area both nationally and internationally. Along with Professor William Jones, he organized the East Asian Intellectual Property Conference held at Washington University in 1994. The conference brought together scholars from China, Taiwan, Korea, Japan, and throughout the United States. In the summer of 1994, Professor McManis made his second Fulbright Fellowship visit to Korea to lecture and do research at the International Intellectual Property Training Institute in Taejon. He also visited the East-West Center in Honolulu, Hawaii. Professor McManis is the author of The Law of Unfair Trade Practices in a Nutshell, West (3d ed. 1993).

Professor McManis received his B.A. from Birmingham-Southern College and his M.A. and J.D. from Duke University.