22nd Annual BCLT/BTLJ Symposium
The Administrative Law of Intellectual Property
April 12-13, 2018

Thursday, April 12, 2018

Agency Design

Thursday Morning Presiding Officer: Jessica Hollis, Symposium Co-editor, Berkeley Technology Law Journal
8:00 a.m.-8:55 a.m. Registration & Breakfast
8:55 a.m.-9:00 a.m. Welcome
9:00 a.m.-10:15 a.m.

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?

Moderator: Amy Van Zant, Orrick

Graeme Dinwoodie, IIT Chicago-Kent College of Law and University of Oxford

Joseph Matal, US Patent and Trademark Office

Anne Joseph O’Connell, UC Berkeley School of Law

Jule Sigall, Microsoft

10:15 a.m.-10:45 a.m.  Break
10:45 a.m.-12:00 p.m.
2. Agency procedures 
How do IP agencies exercise their ministerial functions: registration, recording, examination, issuance, and review?
Moderator: Jennifer Urban, UC Berkeley School of Law
Erik Bertin, Copyright Office

Sarah Burstein, University of Oklahoma College of Law

Jeanne Fromer, NYU School of Law

Melissa Wasserman, University of Texas Law School

12:00 p.m.-1:15 p.m. Lunch
Thursday Afternoon Presiding Officer: Darius D. Dehghan, Symposium Co-editor, Berkeley Technology Law Journal
1:15 p.m.-2:30 p.m.

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?

Moderator: Peter Lee, UC Davis School of Law

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


2:30 p.m.-3:00 p.m. Break
3:00 p.m.-4:15 p.m.

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?

Moderator: Kathi VidalWinston & Strawn LLP

R. David Edelman, MIT

Rebecca Eisenberg, University of Michigan Law School

Sapna Kumar, University of Houston Law Center

Tejas Narechania, UC Berkeley School of Law

4:15 p.m.-4:30 p.m. Break
4:30 p.m.-5:00 p.m. Keynote: Howard Shelanski, Georgetown University Law School
5:00 p.m.-6:00 p.m. Reception

Friday, April 13, 2018

Review of Agency Decisions

Friday Morning Presiding Officer: Darius D. Dehghan, Symposium Co-editor, Berkeley Technology Law Journal
8:15 a.m.-9:00 a.m. Breakfast
9:00 a.m.-9:30 p.m.

KEYNOTE: Michelle Lee, Former Undersecretary of Commerce and Director, USPTO, in a fireside chat with David Hayes, Fenwick & West

9:30 a.m.-10:45 a.m.

5. Invalidation

What procedures are there and should there be within IP agencies to review whether claimants’ IP rights are valid?     

Moderator: Julie Holloway, Latham

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

C. Sprigman
S. Vishnubhakat

10:45 a.m.-11:15 a.m. Break
11:15 a.m.-12:30 p.m.

6. Judicial Deference

How much deference do and should judges give to IP agency decisions, practices, and policies?

Moderator: Matthew Kreeger, Morrison & Foerster

Dan Burk, University of California, Irvine

Deborah R. Gerhardt, University of North Carolina School of Law

Arti Rai, Duke University School of Law

D. Burk
D. Gerhardt
A. Rai

12:30 p.m.-1:00 p.m. Lunch
Friday Afternoon Presiding Officer:  Jessica Hollis, Symposium Co-editor, Berkeley Technology Law Journal
1:00 p.m.-1:30 p.m.

DAVID E. NELSON KEYNOTE: Hon. Raymond T. Chen, U.S. Court of Appeals for the Federal Circuit

Introduced by Matthew Kreeger, Morrison & Foerster

1:30 p.m.-1:45 p.m. Break
1:45 p.m.-3:00 p.m.

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?

Moderator: Michael Headley, Fish & Richardson 

Mark Cohen, UC Berkeley School of Law

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

M. Cohen
B. Depoorter
C. Helmers
P. Samuelson