22nd Annual BCLT/BTLJ Symposium
The Administrative Law of Intellectual Property
Thursday, April 12, 2018
Agency Design
1. Agency design – How should IP agencies optimally be designed, both internally (what sort of offices and officers should they have) and where should the agencies be placed within the U.S. governmental structure? How well do the existing agencies match with optimal designs? How do U.S. IP agency designs differ from those in other countries?
Vikrum Aiyer, Postmates, former Chief of Staff, USPTO
Graeme Dinwoodie, IIT Chicago-Kent College of Law and University of Oxford
Terry Ilardi, Senior Counsel, IP Law Policy, IBM
Sarah Burstein, University of Oklahoma College of Law
Jeanne Fromer, NYU School of Law
Melissa Wasserman, University of Texas Law School
Keynote: Howard Shelanski,
Georgetown University Law School
3. Agency Rule-making – What rule-making authority do the U.S. IP agencies have? How well do they exercise these powers? Should they have more rule-making authority?
Stuart Graham, Scheller College of Business, Georgia Institute of Technology
Sonia Katyal, UC Berkeley School of Law
Joe Liu, Boston College Law School
Aaron Perzanowski, Case Western Reserve University School of Law
4. Tensions Between IP Agencies and Other Parts of the Executive Branch – What is the relationship between the policies and decisions of IP agencies and those of other executive agencies? Some agencies may have different priorities than IP agencies on IP issues. When this happens, how are the tensions that arise addressed and resolved?
Rebecca Eisenberg, University of Michigan Law School
Sapna Kumar, University of Houston Law Center
Tejas Narechania, UC Berkeley School of Law
Renata Hesse, Sullivan & Cromwell LLP
Friday, April 13, 2018
Review of Agency Decisions
Keynote: Michelle Lee, Former Undersecretary of Commerce and Director, USPTO
5. Invalidation: What procedures are there and should there be within IP agencies to review whether claimants’ IP rights are valid?
Colleen Chien, Santa Clara University School of Law
Rob Merges, UC Berkeley School of Law
Alexandra Roberts, University of New Hampshire School of Law
Christopher Sprigman, NYU School of Law
Saurabh Vishnubhakat, Texas A&M University School of Law
6. Judicial Deference: How much deference do and should judges give to IP agency decisions, practices, and policies?
Shyam Balganesh, University of Pennsylvania Law School
Dan Burk, University of California, Irvine
Deborah R. Gerhardt, University of North Carolina School of Law
Matthew Kreeger, Morrison & Foerster (moderator)
Arti Rai, Duke University School of Law
David E. Nelson Keynote: Hon. Raymond T. Chen, U.S. Court of Appeals for the Federal Circuit
Introduced by Matthew Kreeger, Morrison and Foerster
7. Enforcement Issues: What role should IP agencies play in enforcing IP rights? Should Congress establish small claims tribunals within IP agencies’ domain? What kinds of claims should be justiciable and what relief should be available?
Ben Depoorter, UC Hastings College of the Law
Christian Helmers, Leavey School of Business, Santa Clara University
Lisa Ouellette, Stanford Law School
Pam Samuelson, UC Berkeley School of Law