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(updated 08-10-2010 v9)

A conference summary is now available at Technology – Academics – Policy.

August 12 – Day One

8:00 – 8:30
Continental Breakfast & Registration

8:30 – 10:00
Opening Plenary Session

   Introduction
   Pam Samuelson – UC Berkeley Law School
   Video

   Impersonation
   William McGeveran – University of Minnesota Law School
   Video

   IP – The Case for Participatory Culture
   Madhavi Sunder – University of California, Davis
   Video

   Rethinking the Validity of Samuel Morse’s Telegraph Patent: A Foundational Patent Case in Historical
   Context
   Adam Mosoff – George Mason University Law School
   Video

10:00 – 10:15
Break

10:15 – 11:30

First Breakout Session

Patent Track	Copyright Track	Trademarks Plus Track	IP Theory
Patentable Subject Matter	Fair Use & Exhaustion	Reputation, Publicity, and Trademark	Open Innovation
In re Bilski, Proxies, and the Role of Subject-Matter Thresholds in the Patent System Emily Morris – Indiana University School of Law – Indianapolis Audio	Objective Factors in Fair Use Litigation Barton Beebe – NYU Law School Matthew Sag – DePaul University College of Law Audio	The Inalienability of the Right of Publicity Jennifer Rothman – Loyola Law School, Los Angeles Audio	A Defense of Free Information Amy Kapczynski – UC Berkeley Law School Audio
The War on Patent Eligible Subject Matter in Software/Business Method Innovations Ann McCrackin – Franklin Pierce Law Center Audio	Social Semiotics in the Fair Use Analysis Brian Holland – Texas Wesleyan School of Law Audio	Social Shaming: Fighting Back Trademark Bullies Leah Grinvald – Saint Louis University School of Law Audio	From Open Source Software to Open Patenting: What’s New in the Realm of Openness? Mariateresa Maggiolino – Bocconi University Audio
Physicality in the Information Age: From Bilski to Non-Physical Methods Ben McEniery – Queensland University of Technology Audio	Judges Playing Jury: Constitutional Conflicts in Deciding Fair Use on Summary Judgment Ned Snow – University of Arkansas School of Law Audio	The Law of Reputation Laura Heymann – College of William & Mary, Marshall-Wythe School of Law Audio	The Host’s Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods Jonathan Barnett – University of Southern California Audio
A Uniform Framework for Patent Eligibility Efthimios Parasidis – Saint Louis University School of Law	Digital Exhaustion Aaron Perzanowski – Wayne State University Law School Jason Schultz – Samuelson Law, Technology & Public Policy Clinic, UC Berkeley Law School Audio	The Moral Right of Dilution Sandy Rierson – Thomas Jefferson School of Law Audio	The Penguin and the Cartel: Rethinking Antitrust and Innovation Policy for the Age of Commercial Open Source Stephen Maurer – UC Berkeley Law School Audio

11:30 – 11:45
Break

11:45 – 12:30
Senior IP Scholar Session Video

Rob Merges – UC Berkeley Professor of Law and Technology; Director, Berkeley Center for Law &
Technology

Tom McCarthy – Senior Professor and Founding Director of the McCarthy Institute for Intellectual
Property and Technology Law, University of San Francisco School of Law

Paul Goldstein – Stella W. and Ira S. Lillick Professor of Law, Stanford Law School

12:30 – 1:30
Lunch

1:30 – 2:45

Second Breakout Session

Rethinking Patent Fundamentals	Derivative Works	Trademarks and Consumers	Public Domain
Rescuing the Invention from the Cult of the Claim Oskar Liivak – Cornell Law School Audio	The Quest for a Sound Conception of Copyright’s Derivative Work Right Pamela Samuelson – UC Berkeley Law School Audio	Veblen Brands and Invisible Hands: How Trademarks Create a Market for Suppressed Speech Jeremy Sheff – St. John’s University School of Law Audio	Why Copyleft isn’t Right for Scientific Code Victoria Stodden – Yale Law School Audio
New Uses for Patent Utility Michael Risch – Villanova Law School Audio	Identity, Accession, and the Law of Copyright Chris Newman – George Mason University School of Law Audio	Trademark Rights and Promotional Products: Balancing Exclusivity and Expressive “Fair Use” Irene Calboli – Marquette University Law School Audio	Signaling Intent to Share Intellectual Property Eric Johnson – University of North Dakota Audio
Do Applicant Patent Citations Matter? Implications for the Presumption of Validity Mark Lemley – Stanford Law School Audio	Worth a Thousand Words: The Law Outside the Text Rebecca Tushnet – Georgetown University Law Center Audio	Trademark and the Dynamic Construction of the Consumer Alfred Yen – Boston College Law School Audio	Formalized Public Domain Miriam Bitton – Bar-Ilan University Audio
The Network of Patent Law Jurisprudence Dennis Crouch – University of Missouri School of Law Audio	Rethinking Intellectual Property Rights in Characters Zahr Stauffer – University of Virginia School of Law Audio	Visual Invention Sarah Burstein – Kirkland & Ellis LLP Audio	Paper Tigers: Copyright and Scholarly Publishing Alissa Centivany – University of Michigan Audio

2:45 – 3:15
Break

3:15 – 4:30

Third Breakout Session

Patent Liability Rules

ISPs and Takedown Notices

Non-traditional IP Subject Matter

IP Theory

The Limitations of Intellectual Property: Tacit Knowledge and Vertical Academic Integration

Peter Lee – UC Davis School of Law
Audio

The Graduated Response

Peter Yu – Drake University Law School
Audio

“Hot News”: The Enduring Myth of Property in News

Shayam Balganesh – University of Pennsylvania Law School
Audio

Probabilistic Patent Races

Ted Sichelman – University of San Diego School of Law
Audio

Secret Inventions

Jonas Anderson – UC Berkeley Law School
Audio

Rights Enforcement in Digital Environments

Jennifer Urban – Samuelson Law, Technology & Public Policy Clinic, UC Berkeley Law School
Audio

Personal Information as Intellectual Property

Dorothy Glancy – Santa Clara University School of Law
Audio

Duration in Intellectual Property

Jeanne Fromer – Fordham Law School
Audio

Patent Inflation

Jonathan Masur – University of Chicago Law School
Audio

The French Copyright Authority (HADOPI), the graduated response and the disconnection of illegal file-sharers

Nicholas Jondet – The University of Edinburgh
Audio

The Fashion of TV Show Formats

Stefan Bechtold – ETH Zurich (Swiss Federal Institute of Technology)
Audio

The Placebo Effect in Intellectual Property

Mark McKenna – Notre Dame Law School
Christopher Sprigman – University of Virginia School of Law
Audio

Property Rules, Liability Rules and Patent Law: Legal Experiments in the Cathedral

Andrew Torrance – University of Kansas School of Law
Audio

The French Revolution 2.0: Examining File-Sharing in light of the Three Strikes Policy

Eldar Haber – Tel Aviv University
Audio

Talk Derby to Me: Emergent Property Norms Governing Roller Derby Pseudonyms

David Fagundes – Southwestern Law School
Audio

Interpretation as Constraint Satisfaction: A Theoretical Framework for Patent Claim Construction

Harry Surden – University of Colorado Law School
Audio

4:30 – 5:00
Break

5:00 – 6:15

Fourth Breakout Session

Inequitable Conduct, Willfullness, and Patent Examination	Copyright in Specific Contexts	Trade Secrets	Empirical and Historical Studies of IP
Supplemental Examinations to Consider, Reconsider, or Correct Patent-Related Information: A Tangled Web Indeed Lisa Dolak – Syracuse University College of Law Audio	Creative Commons Olympics Herkko Hietanen – Berkman Center for Internet and Society Audio	How the Use of algorithms and Trade Secrets in Credit odeling Scuttled the Financial Capital Market Brenda Reddix-Smalls – North Carolina Central University School of Law Audio	William Callyhan Robinson and the Shaping of Modern Patent Law Jeffrey Lefstin – UC Hastings College of Law Audio
Reforming Inequitable Conduct Tun-Jen Chiang – George Mason University School of Law Audio	Copyright in Memoriam Julie Cromer Young – Thomas Jefferson School of Law Audio	Striking a Balance: When Should Trade Secret Law Shield Disclosures to the Government? Elizabeth Rowe – University of Florida, Levin College of Law Audio	Copyright Strength and Growth in the Creative Industries Mark Schultz – Southern Illinois University School of Law Audio
The Reports of Willfulness’s Demise Are Greatly Exaggerated: An Empirical Study of Willful Patent Infringement After In re Seagate Christoper Seaman – Chicago-Kent College of Law Audio	Romancing Tradition: A Cautionary Note on Traditional Knowledge-Folklore Rights Sean Pager – Michigan State University College of Law Audio	Private Law Theory and Corrective Justice in Trade Secrecy Eric Claeys – George Mason University School of Law Audio	An Empirical Study of U.S. Copyright Publication Cases Deborah Gerhardt – UNC School of Law Audio
An Economic Analysis of Patent Law’s Inequitable Conduct Doctrine Thomas Cotter – University of Minnesota Law School Audio	Copyright, Norms, and Copyright Norms: Examining Incentives in Today’s Photojournalism Eva Subotnik – Columbia Law School	Channeling Best Mode’s Barrier to Trade Secrecy David Levine – Elon University School of Law, Stanford Law School Center for Internet and Society Audio	Competitive Copyrights Zvi Rosen Audio

6:15 – 8:30
Conference Dinner

8:30
End of Day One

August 13 – Day Two

8:00 – 8:30
Continental Breakfast & Registration

8:30 – 9:45

Fifth Breakout Session

Patent Disclosure	Copyright and Identity	Patents and Innovation
Public Patents, Private Information Brenda Simon – Thomas Jefferson School of Law Audio	Moral Rights Statutes and the Foundations of American Intellectual Property Law Brian Lee – Brooklyn Law School Audio	Putting Innovation Into Patent Policy: An NIE Approach Liza Vertinsky – Emory University Law School Audio
The Choice of Patent Scope when Invention Disclosure is Costly Michael Meurer – Boston University School of Law Audio	The Author in the Machine: Copyright in the Age of Digital Production Annemarie Bridy – University of Idaho College of Law Audio	Innovation Dynamics, Patents, and Dynamic Elasticity Tests for the Promotion of Progress John Golden – The University of Texas School of Law Audio
Gender, Innovation, and Inventorship: Every Patent Tells a Story Ann Bartow – University of South Carolina School of Law Audio	User Rights and the IP (Identity Politics) of IP (Intellectual Property) John Tehranian – Chapman University, School of Law Audio	Optimizing Intellectual Property Rights: A New View of the Law and Economics Cathedral Greg Mandel – Temple Law School Audio
Fixing the Right Patents: Tailoring the Exercise of Declaratory Judgment Jurisdiction in Patent Cases. Chester Chuang – Golden Gate University School of Law Audio	The Moral Right of Revision Molly Van Houwelling – UC Berkeley Law School Audio	On the Temporal Reach of Patent Scope: A Multidimensional Model of Invention-Space Kevin Collins – Washington University in St. Louis Audio

9:45 – 10:15
Break

10:15 – 11:30

Sixth Breakout Session

The Judicial Role in Patent Cases	Copyright Distribution	International IP	Roles of Patents and IP
The Impact of General and Patent-Specific Judicial Experience On the Efficiency and Accuracy of Patent Adjudication Jay Kesan – University of Illinois College of Law Audio	Not on My Watch: Avoiding Exhaustion Through First Sales Abroad Brian Carver – UC Berkeley School of Information Audio	Virtual Laboratories: Modifying IPR in Favor of Development Ambereen Shaffie – The American University in Cairo Audio	Dispelling the Myth of Patents as Non-Rivalrous Property: Patents as Tools for Allocating Scarce Labor and Resources Richard Gruner – John Marshall Law School Audio
Empirical Study of Identical Invention in Federal Circuit Cases David Olson – Boston College Law School Audio	In Search of Copyright’s Lost Ark: Interpreting the Right to Distribute and Statutory Damages in the Internet Age Peter Menell – UC Berkeley Law School Audio	Toward a TRIPS Truce Patricia Judd – Brooklyn Law School Audio	Choice Patents Matthew Herder – Dalhousie University Audio
IP Legal Ethics in Patent Litigation Bill Gallagher – Golden Gate University School of Law Audio	Finding a Home for Orphans. The Google Books Settlement and Orphan Works Legislation in the United States and the European Union Katarina de la Durantaye – St. John’s University School of Law Audio	Complying with the Berne Convention: A Floor without a Ceiling? Zohar Efroni – Stanford’s Center for Internet and Society Audio	Complex Patent Ecosystem Colleen Chien – Santa Clara University School of Law Audio
Retroactivity and the Federal Circuit David Schwartz – Chicago-Kent College of Law Audio	On the Partial (In)alienability of User Rights Ariel Katz – University of Toronto Audio	The Optimal Structure of Copyright Enforcement – Rationalizing the US-China WTO Dispute Jiarui Liu – Stanford Law School Audio	Equity and Efficiency in Intellectual Property Taxation Xuan-Thao Nguyen – SMU Dedman School of Law Jeffrey Maine – University of Maine School of Law Audio

11:30 – 12:00
Break

12:00 – 1:15

Seventh Breakout Session

Patents and Medicine	Liability and Digital Technology	IP in the Cloud and Indirect Infringement	IP & Competition Policy
Patent Portfolios and Generic Drug Challenges Scott Hemphill – Columbia Law School Audio	The Death of Strict Liability in Copyright Steven Hetcher – Vanderbilt Law School Audio	Causing Infringement Mark Bartholomew – University at Buffalo Law School Audio	Antitrust Immunity or Liability in Pharmaceutical Reverse Payment Settlement Cases; The Intersection of Civil Procedure, Patent Presumptions, and Antitrust Catherine Sandoval – Santa Clara University School of Law Audio
Drug Patent Length Ben Roin – Harvard Law School Audio	A Reverse Liability Rule for Copyright in Digital Samples Peter DiCola – Northwestern University School of Law Audio	Lost in the Cloud? Sharon Sandeen – Hamline University School of Law Audio	The Authorship-Innovation Tradeoff Dotan Oliar – University of Virginia School of Law Audio
Patentable Subject Matter in Personalized Medicine Robin Feldman – UC Hastings College of Law Audio	Sampling, Looping and Mashing…Oh My!: How Hip Hop Music is Scratching More Than the Surface of Copyright Law Tonya Evans – Widener University School of Law Audio	Law in the Cloud Anupam Chander – UC Davis School of Law Audio	Joint Defense or Research Joint Venture? Reassessing the Patent-Challenge-Bloc’s Antitrust Status Joseph Miller – Lewis & Clark Law School Audio
The Federal Circuit’s en banc Written Description Requirement: Time Again for the Supreme Court to Reverse Again? Allen Yu Audio	Voluntary Payment as a Complementary Model for Music Copyright Lital Helman – Columbia Law School Audio	What the Fourth Amendment Can Teach the First Wendy Seltzer – Berkman Center / Silicon Flatirons Audio	Addressing Reverse Settlement Problem through Patent Law Gregory Dolin – George Washington University Audio

1:15 – 2:15
Lunch

2:15 – 3:30

Eighth Breakout Session

Patents and the Public Interest: Green Tech and Beyond	IP rights and Markets	Technological Change Affecting IP	Administering IP Laws
The Patent System and Climate Change Josh Sarnoff – DePaul University College of Law Audio	Ancillary IP markets and the Firm Dan Burk – University of California, Irvine Audio	Disseminating Technologies Gaia Bernstein – Seton Hall University School of Law Audio	Recommended: Abolition of All State Trademark Registration Systems Lee Ann Lockridge – Louisiana State University Law Center Audio
Innovation in clean/green technology: Can patent commons help? Bronwyn Hall – UC Berkeley Economics Department Audio	When Foreigners Infringe Patents: An Empirical Look at the Involvement of Foreign Defendants in Patent Infringement Litigation in the U.S. Marketa Trimble – UNLV Audio	Copyright’s Collapse Bruce Boyden – Marquette University Law School Audio	The Judicial Role in Trademark Law Michael Grynberg – Oklahoma City University School of Law Audio
Patents and Vegetable Crop Diversity Paul Heald – University of Georgia Audio	A Comparative Analysis of Anti-Circumvention Rules Reform in China Jie Hua – University of Hong Kong Audio	The Infancy Doctrine for Off- and Online Contracts Cheryl Preston – Brigham Young University Law School Audio	Asymmetric Incentives: The PTO’s Underappreciated Role in Shaping Substantive Patent Law Melissa Wasserman – Harvard Law School Audio
The Public’s Interest in Patent Law Kali Murray – Marquette University Law School Audio	The Patentability of Financial Methods: The Market Participants’ Perspective Stefania Fusco – Santa Clara University Law School Audio	Virtual Justice Greg Lastowka – Rutgers – Camden Law Audio	Rules for Patents Michael Burstein – Harvard Law School Audio

3:30 – 4:00
Break

4:00 – 5:30
Closing Plenary Session

     The Creativity Effect
      Christopher Buccafusco – Chicago-Kent College of Law
      Christopher Sprigman – University of Virginia School of Law
      Video

      Employment IP and Innovation: A Dynamic Model of Optimal Human Capital Flows
      Orly Lobel – University of San Diego School of Law
      Video

      Data Sharing, Latency Variables and the Science Commons
      Jorge Contreras – Washington University in St. Louis
      Video

6:30 – 9:00
Conference Dinner

9:00
End of Day Two

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