Schedule

 

August 13 – Day1

8:00 – 8:30
Registration & Continental Breakfast

8:30 – 10:00
First Plenary Session 

     An Empirical Study of the U.S. Copyright Fair Use Cases
     Barton Beebe – Benjamin N. Cardozo School of Law

     Rethinking the Virtues of Uniformity in Our Patent System
     Craig Nard – Case School of Law, Case Western Reserve University

     Gone in 60 Milliseconds: Trademark Law and Neuroscience
     Rebecca Tushnet – Georgetown University Law Center

10:00 – 10:30
Break

10:30 – 12:00

First Parallel Session

Patentable Subject Matter 

Copyright Puzzles  IP as Regulation
Locke Remixed
Robert Merges – BCLT, Boalt Hall School of Law
The Right to Mary Sue
Anupam Chander and Madhavi Sunder – University of California, Davis
Counterfeit Chic: The Culture of the Copy in an Outlaw Medium
Susan Scafidi – SMU Dedman School of Law
Propertizing Thought
Kevin Emerson Collins – Indiana University School of Law
Building a Reliable Semi-commons of Creative Works: Enforcement of Creative Commons Licenses
Lydia Loren – Lewis and Clark Law School
Decoding and Recoding Natural Monopoly Theory in Intellectual Property Law
Shubha Ghosh – SMU Dedman School of Law
Using Science & Technology Studies to Redefine Patentable Subject Matter under the Progress Clause of the Constitution
Sean O’Connor – University of Washington School of Law
Originality, Fixation, and Idea-Expression Dichotomy: Copyright’s Trilogy or E Pluribus Unum?
Samuel Murumba – Brooklyn Law School

Do Exclusionary Settlements of Hatch-Waxman Patent Suits Violate Antitrust Law?
Chris Holman – Univ. of Missouri-Kansas City School of Law
The Dormancy and Revival of the Patentable Subject Matter Doctrine
Eileen Kane
Penn State Law School
The Phoenix from Ashes: Moral Rights and the Future of Copyright Law
Mira Sundara Rajan – The University of British Columbia
Origin Stories and Other Tales: Mythical Beginnings of Intellectual Property
Jessica Silbey – Suffolk University Law School

12:00 – 1:00
Lunch

1:00 – 2:30

Second Parallel Session

Invention Reconceptualizing IP International IP
Inventing Invention: A Case Study of Legal Innovation
John Duffy – George Washington University School of Law
Copyright Law and Public Goods Revisited
Trotter Hardy – William and Mary Law School
Toward an Appropriate Normative Framework for Access to Knowledge in Shaping International Copyright Law & Policy
Mary Wong – Franklin Pierce Law Center
Patently Non-Obvious: How the Hindsight Bias Renders Patent Decisions Irrational
Gregory Mandel – Albany Law School
Substitution and Schumpeterian Effects and a Product Life Cycle Theory of Copyright
Ariel Katz – University of Toronto School of Law
Extraterritorial Patent Infringement: A Comprehensive Consideration of Patent Policy
Cynthia Ho – Loyola University School of Law
Research Tools and User Innovation
Katherine Strandburg – DePaul University College of Law
Copyright and DVRs: Implications of Timeshifting, Commercial Skipping, and Networking
Alissa Centivany – BCLT, Microsoft Research Fellow
Towards a Development-Oriented International Intellectual Property Balance
Margaret Chon – Seattle University School of Law
Attorneys as Patent Infringers: Patent Restrictions on Tax Planning Methods
Richard Gruner – Whittier Law School
Copyright as Trade Regulation
Sara Stadler – Emory University School of Law

The International Enclosure Movement
Peter Yu – Michigan State Univ. College of Law

2:30 – 3:00
Break

3:00 – 4:30

Third Parallel Session

Federal Circuit Issues

Copyright and Trademark Intersecting?

IP Challenges Posed By the Internet
Prudence vs. Power: It Does Matter in Patent Cases
Lisa Dolak – Syracuse University, College of Law
Customary Intellectual Property
Jennifer Rothman – Washington University School of Law
Copyright Norms of the Blogosphere: Linking, Quoting, Copying and Self-Help
Ann Bartow – Univ. of South Carolina School of Law
Mob Mentality and the Federal Circuit
Kristen Osenga – Chicago-Kent/Univ. of Richmond School of Law
From Copyright to Trademark
Greg Lastowka – Rutgers School of Law – Camden

Trademark “Use” and Internet Keyword Advertising: Resolving the Confusion
Michael Landau – Georgia State University Law School
Is the Federal Circuit Succeeding? The Obviousness Project
Lee Petherbridge – Loyola Law School
Risk Aversion and Rights Accretion in Intellectual Property Law
James Gibson – IP Institute, Univ. of Richmond School of Law

Complex Regulation
Susan Crawford – Benjamin N. Cardozo School of Law

Patentability, Infringement, and In Vivo Conversion
Andrew Torrance – University of Kansas Law School
The Secret Life of Legal Doctrine: The Divergent Evolution of Secondary Liability in Trademark and Copyright Law
Mark Bartholomew – University at Buffalo Law School
John Tehranian – University of Utah
New Architectures for Music: Law Should Follow Technology and Economics
Henry Perritt – Chicago-Kent College of Law

4:30 – 5:00
Break

5:00 – 6:00

Fourth Parallel Session

IP in Government-Funded Research

Indirect Infringement Issues
Impact of the Bahy-Dole Act on Genetic Research & Development: The Empirical Evidence to Date
Charles McManis – Washington University School of Law
Indirect Liability for Copyright Infringement in Multisided Markets
Barak Orbach – The Univ. of Arizona, Rogers College of Law
Ownership of State Funded Innovation
Michael Mireles – University of Denver – Sturm College of Law
Safe Harbors
Molly Van Houweling – BCLT, Boalt Hall School of Law
The Price of Progress: Are Universities Adding to the Cost?
Lorelei Ritchie de Larena – Florida State University School of Law
Applying General Tort Law to the Indirect Infringement of Patents, Copyrights and Trademarks
Charles Adams – University of Tulsa College of Law

 


 

August 11 – Day Two

8:00 – 8:30
Continental Breakfast

8:30 – 10:00

Fifth Parallel Session

Patent Reform Trademark IP Outlaws
The Cooperation of Many Minds: Domestic Patent Reform Viewed Through a Multi-Institutional Perspective
Kali Murray – The University of Mississippi School of Law
“I Get No Kick from [Sparkling Wine]”: A ‘Semi-Generic’ Analysis of Geographical Indications as Trademark Fair Use
Sean Pager – Seattle University School of Law
Property Outlaws II: Free(dom) Riding in the Age of Intellectual Property
Sonia Katyal – Fordham University School of Law
“Peer to Patent”: Collective Intelligence and Intellectual Property Reform
Beth Noveck – New York Law School
Timing is Everything: Trademark Applications for Scandalous and Disparaging Marks
Jasmine Abdel-Khalik – UM-KC School of Law
Who Owns an Avatar? Assessing Claims of Copyright Ownership in Virtual Worlds
Tyler Ochoa – Santa Clara University School of Law
Patent Reform and Differential Impact
Matthew Sag – DePaul University
Geographic Trademarks and the Protection of Competitor Communication
Robert Brauneis – George Washington Univ. School of Law
Copyright Contraband
Eddan Katz – Yale Law School
Invention is a Process, or Why the Electronics and Pharmaceutical Industries are at Loggerheads over Patents
Jay Dratler – University of Akron School of Law
Brand Spillovers
Eric Goldman – Santa Clara University School of Law
The Myth of the Superuser
Paul Ohm – University of Colorado Law School

10:00 – 10:30
Break

10:30 – 12:00

Sixth Parallel Session

Intellectual Property, Firms, & Access Public Domain/Intellectual Commons Contract Issues in Intellectual Property
The Goldilocks Hypothesis: Balancing Intellectual Property Rights at the Boundary of the Firm
Dan Burk – University of Minnesota Law School
Unpublished Works in the Public Domain: A legal Assessment at Three
Elizabeth Townsend Gard – Seattle University School of Law
Opting Out of Copyright: Standard Form Contracts in the Digital Age
Viva Moffat – University of Denver College of Law
Strategic Intellectual Property Litigation: An Empirical Study of Enforcement of Intellectual Property Claims
William Gallagher – Golden Gate University School of Law
The Public Trust Doctrine in the Intellectual Commons – Who Has Standing to Represent the Public Interest?
Robert Reis – SUNY at Buffalo Law School
Dangerous Liaisons – Software Combinations as Derivative Works?
Lothar Determann – USF School of Law
Accessibility without Piracy: Reinvigorating Copyright’s Deposit and Catalog Functions in the Digital Age
Peter Menell – BCLT, Boalt Hall School of Law
Copyright Ownership and Efficient Exploitation: An Empirical Study of American Works
Paul Heald – University of Georgia Law School
Patent Holdup and Royalty Stacking
Mark Lemley – Stanford Law School
Created Facts – Copyright and the Collapse of the Fact/Value Distinction
Justin Hughes – Cardozo School of Law
A Panoptic Approach to Information Policy: Utilizing a More Balanced Theory of Property In Order to Ensure the Existince of a Prodigious Public Domain
Christine Galbraith – University of Maine School of Law
Patent Pools and Clearinghouse Mechanisms in Genetics
Esther van Zimmeren – University of Leuven, Belgium

12:00 – 1:00
Lunch

1:00 – 2:30

Seventh Parallel Session

IP as Property Free Speech and IP

Software Design and Licensing
Life, Liberty, and Intellectual Property: Patents and the Independence of Innovators
Mark Schultz – Southern Illinois University School of Law
Authorship, Audiences and Anonymous Speech
Thomas Cotter – Washington & Lee University School of Law
Establishing Software Defaults: Perspectives from Law, Computer Science and Behavioral Economics
Jay Kesan – Clg of Law and the Dept of Electrical & Computer Engineering, Univ. of Illinois at Urbana-Champaign
Why Patents Fail as Property
Michael Meurer – Boston University
Reason or Madness:  A Defense of Copyright’s Growing Pains
Marc Greenberg – Golden Gate University School of Law
The Fictional Physics of “Technological Protection”
Wendy Seltzer – Brooklyn Law School

Patents as Property: Rethinking the Exclusive Right in Patent Law
Adam Mossoff – Michigan State University College of Law

Principles for Resolving Conflicts Between Trade Secrets and the First Amendment
Pamela Samuelson – BCLT, Boalt Hall School of Law
Software Licensing and Market Power in the Age of the Virtualized Computer
Andrew Chin –University of North Carolina School of Law
The Normative Foundations of Trademark Law
Mark McKenna – Saint Louis University School of Law
Are Patents a Threat to Online Speech?
Jason Schultz – EFF/Boalt Hall School of Law
Corynne McSherry – EFF

Intellectual Property in the Twenty-First Century
Michael Carroll – Villanova University School of Law

2:30 – 3:30
Break

3:00 – 4:30

Closing Plenary Session

The Law and Economics of Information Overload Externaltities
Frank Pasquale – Seton Hall University School of Law

Chain Reaction: How Property Begets Property
Sabrina Safrin – Rutgers Law School, Newark

Rethinking Trade Secret Disclosure in the Internet Age
Elizabeth Rowe – Levin College of Law, University of Florida

 

Unable to Present

Patents and Competition: Toward a Knowledge Theory of Progress
Rudolph J.R. Pertiz – New York Law School