BCLT Student News

Week of January 25


BCLT Office Hours

Starting next Wednesday, from 1:00 – 2:00 P.M., BCLT Assistant Director Matthew Ray will hold office hours on Zoom to answer student questions about our programming. If you’re interested in receiving our Law & Tech certificate, curious about our curriculum, or just want to learn more about what we do, we encourage you to drop in.

Law & Tech Certificate

The Law & Technology Certificate recognizes successful completion of a focused course of study, including writing and student activity components. The curricular requirements emphasize depth and breadth but also afford students substantial flexibility. You can find the full requirements and apply here!

Student Events

BCLT’s student-focused events will be held online until further notice. Our Tuesday/Thursday talks by practicing lawyers will normally start at 1:00 P.M., with occasional talks starting at 5:30 P.M. All of the talks will run for 45 minutes, but speakers will generally remain available after that for any additional student questions.

Student events are reserved for current UC Berkeley law students, faculty, and staff. All statements and remarks are off-the-record; they cannot be quoted or reproduced without the speaker’s permission.

BCLT/BTLJ Law & Tech Speaker Series

“Assignor Estoppel: A Key Issue at a Crossroads”
January 26, 2021
1:00 – 1:45 P.M.

 The doctrine of assignor estoppel is a controversial issue with historical support and criticism based on current technological and contractual reality. The supreme court is about to take on this issue and we will discuss it from both sides.
Paul Ehrlich, partner at Tensegrity Law Group, has extensive experience trying complex patent cases in U.S. district courts and the ITC. He successfully litigates cases at all stages, including through trial and injunction enforcement. He has served as trial counsel in billion-dollar matters for industry-leading companies. Mr. Ehrlich’s practice touches diverse technology areas, including mobile phones and other consumer electronics; computer networking; operating systems; database software; VOIP; memory manufacture and packaging; medical devices; Wi-Fi and location services; and Nobel-Prize-winning biotechnology.

The BCLT/BTLJ Law & Tech Speaker Series features local practitioners, bringing real world experience and practical legal knowledge to Berkeley Law students. This event is reserved for current UC Berkeley law students, faculty, and staff. All statements and remarks are off-the-record; they cannot be quoted or reproduced without the speaker’s permission.

Co-sponsored by the Berkeley Center for Law & Technology and the Berkeley Technology Law Journal. This event is open to current Berkeley Law students, Berkeley Law affiliates and BCLT law firm sponsors.

Berkeley Technology Law Journal 

Informational Meeting
January 27, 2021
1:00 – 2:00 P.M.
Join here

Come learn how you can be involved in BTLJ this semester as a general member!

BCLT/BTLJ Law & Tech Speaker Series

“Focus Areas in the Early Years of IP Practice”
January 28, 2021
1:00 – 1:45 P.M.

Tips and tricks in the first few years—how to hit the ground running, and stay ahead—in the practice of law. Discussion will cover some of the building blocks of entering big law, including building working relationships, efficiency, timekeeping and billing, and learning the rules of the road (from your administrators and paralegals). Particular emphasis will be spent highlighting practices that will help you succeed in intellectual property counseling and litigation.
Brian Kwok, partner at Haynes and Boone’s SF office, helps clients build, manage, and successfully monetize patent portfolios. Brian evaluates patent portfolios and negotiates deals ranging from a few hundred thousand to many billions of dollars. He recently represented an international technology company in a multi-billion dollar patent portfolio acquisition involving thousands of patents related to wireless telecommunications, cellular systems, and consumer electronics.

Jason Lao is a partner in the Intellectual Property Litigation Practice Group in the Orange County office. He focuses primarily on intellectual property litigation, with an emphasis on patents and licensing matters. He has represented clients across various industries, including biotech, semiconductor, wireless communications, smart meters, standards patents, trusted computing, digital rights management, satellite technology, virtual machines, and cybersecurity.

Jason Novak is a Partner in Haynes and Boone’s Precision Medicine and Digital Health Practice Group, where he focuses on advising entities, both large and small, on the various legal issues that can arise with emerging technologies in the healthcare and life sciences industries. Tech and Biotech are traditionally disparate technologies that, when blended together to form many of our most exciting new technologies, bring forth a combination of unique and interrelated legal issues.

The BCLT/BTLJ Law & Tech Speaker Series features local practitioners, bringing real world experience and practical legal knowledge to Berkeley Law students. This event is reserved for current UC Berkeley law students, faculty, and staff. All statements and remarks are off-the-record; they cannot be quoted or reproduced without the speaker’s permission.

Co-sponsored by the Berkeley Center for Law & Technology and the Berkeley Technology Law Journal. This event is open to current Berkeley Law students, Berkeley Law affiliates and BCLT law firm sponsors.

Upcoming Conferences

Note: At least through May 2021, all events will be online only.

For 2021, in light of the pandemic, all Berkeley Law students will be able to participate in all of BCLT’s online conferences free of charge.

Innovation, Regulation, and Intellectual Property in the Life Sciences: A Webinar Series

Upcoming sessions:
January 28, 2021
February 11, 2021
March 4, 2021

This 5 part webinar series will explore recent developments in regulatory law and intellectual property issues affecting innovation in the life sciences. The first two webinars in the series are set: One on the new patent law in China and its implications for the life sciences and one on regulatory developments at the FDA. Other webinars in the series are planned around innovative foods (genetically engineered, processed, and medical foods); drug pricing, licensing and antitrust issues; and questions associated with human genetics data (privacy, data sharing and national efforts to limit cross-border flows of data).

3rd Berkeley-Tsinghua Conference on Transnational IP Litigation Transnational IP Litigation at a Time of Trade Tension

Day 3: January 28, 2021 4:30 to 6:30 P.M. (PST) 
Day 4: January 29, 2021 4:30 to 6:30 P.M. (PST)

What impact have bilateral trade tensions had on private IP dispute settlement between the United States and China? What practical strategies should rightsholders consider?Hear from a distinguished group of judges, officials, practitioners and academics from the United States and China, discussing such issues as SEP’s, trade secrets, patent linkage for pharmaceuticals, on-line enforcement, and trans-border legal ethics.  Among the US judges that have already confirmed are:

  • Hon. Ray Chen, Court of Appeals for the Federal Circuit
  • Hon. Jeremy Fogel, Exec Director, Berkeley Judicial Institute; former Director, Federal Judicial Center; former District Judge for ND Cal
  • Hon. Andrew Guilford, former District Judge for CD Cal
  • Hon. Kent Jordan, Court of Appeals for the Third Circuit
  • Hon. Randall Rader, former Chief Judge, Court of Appeals for the Federal Circuit 
They will be joined by a star-studded cast of colleagues from the US and China, including judges, in-house counsel, law firm practitioners and academics.

This Symposium will explore the history of design patent protection and the evolution of the key ornamentality/non-functionality doctrine. The lead paper, Design Patent Law’s Identity Crisis, authored by Professor Peter Menell and Ella Corren, will frame the Symposium. Panels composed of academic and practitioner commentators will discuss the past, present, and future of design patent protection.


Symposium: 25th Anniversary of the Telecommunications Act of 1996—Looking Ahead to the Next Telecommunications Act

March 12, 2021

Co-sponsored with the Federal Communications Law Journal hosted at The George Washington University Law School.

To mark the 25th anniversary of the 1996 Telecommunications Act, this symposium will explore possible facets of the next major telecommunications reform effort (whenever it may be), including technological convergence and regulatory power; race and diversity in communications law; institutional design and the Federal Communications Commission; and federalism and state power.

25th Annual BCLT/BTLJ Symposium Lex Informatica: The Formulation of Information Policy Rules through Technology

April 15-16, 2021

In digital networked environments, laws and regulations are not the only source of rulemaking. Technical standards, the configuration of software, the architecture of hardware, and industry articulations of best practices also affect how information flows are permitted or forbidden. Joel Reidenberg’s prescient article, Lex Informatica: The Formulation of Information Policy Rules Through Technology, published in the Texas Law Review in 1998, urged policymakers to understand, consciously recognize, and encourage the evolution of these extra-legal influences to achieve optimal public policy outcomes. This symposium will honor the legacy of Reidenberg’s deep insights about Lex Informatica as policy levers and will explore respects in which Lex Informatica is working in the public interest and ways in which technology regulations could be improved.

Law & Tech Opportunities

Upturn Seeks a 2021 Summer Fellow

This summer fellowship is ideal for someone who is excited about timely, interdisciplinary research on a range of topics related to technology, policy, and equity.

You will:

  • Research and write policy memos, in collaboration with other members of the team;
  • Help prepare public reports, op-eds, blog posts, and our weekly newsletter;
  • Track and analyze current policy developments across all of our priority issues; and
  • Attend internal and external meetings, workshops, and other events.

You will join a small and growing organization that is collaborative, energetic, and fun. We’re building a diverse and inclusive team that combines a wide range of skills, experiences, and perspectives. We will actively support your professional development in the field.

  • We provide those without external funding (e.g., through an academic program) with a stipend of $850 per week ($8,500 for a 10-week fellowship).External funding is not a factor in our selection process, and individuals without such funding are strongly encouraged to apply.
  • We work with our fellows to ensure they have everything they need to work remotely, including workplace technologies and other supplies. We provide fellows an additional daily lunch stipend.
  • We will invest in your professional growth through training, feedback, and support.
  • We are actively committed to building an inclusive, flexible, and welcoming workplace. We care about cultivating an accommodating work culture and staff-centered policies.
  • Our team is consensus-driven and highly collaborative. We have a transparent culture and everyone can play a direct part in shaping Upturn’s strategic direction.

The deadline for receipt of entries is January 31, 2021.
Learn more and apply here.

Research Assistant Opening – BCLT Asia IP Project

Prof. Mark Cohen, Distinguished Senior Fellow and Director of the BCLT Asia IP Project, is seeking a research assistant to start immediately and work through the remainder of the academic year. Candidate must be bilingual in Mandarin Chinese reading and writing, with WeChat and social media skills; knowledge of Chinese and interest in Chinese law and/or IP law and/or trade law. For more information, please see job post #33819 on b-Line (you will need to set up an account to access b-Line). Interested students should submit a resume, cover letter, and 2-page Chinese writing sample to Prof. Cohen.

Learn more here.

Discover White & Case – 1L Workshop

We are thrilled to share with you our Discover White & Case – 1L Workshop opportunity. This annual event will take place virtually on March 18 – March 19 (sessions to begin in the afternoon EST). By way of background, the goal of this workshop is to introduce a group of 1L law students to Big Law and provide a birds-eye view of what it is like to be a lawyer at White & Case. If you have any questions, feel free to contact Tyla Murphy.

Learn more here.

Spring 2021 and Summer 2021 Technology & Civil Liberties Internship

The ACLU of Northern California invites law students to apply for its Technology & Civil Liberties Internship. Details about all ACLU-NC internships and the application process are available here.

Academic Offerings

Course Opportunity

Prof. Deirdre Mulligan is teaching an I School seminar on technology and delegation that may be of interest to law students planning careers in privacy law (Tues 3:30-6:30). The course is very hands-on: It will explore the privacy implications of specific platforms and tools that the university is considering adopting for teaching. Guests will include  the campus procurement office, privacy office, CISO, Chief Academic Technology Officer, and Web Accessibility Evangelist, as well as academic experts in design, security and privacy. Students can learn how to assess the privacy, security, and other implications of products – great insights for anyone wanting to advise companies on product design issues – or litigate against them.

There has been only one class so far, so it’s still fine for law students to join. Contact Prof. Mulligan for more info. Class description.

Resources on Technology, Law
and Anti-Racism

BCLT is committed to exploring and addressing issues at the intersection of technology, race, and justice. In this portion of Student News, we will seek every week to highlight a resource that can advance students’ understanding of these concerns.

There is a very rich literature on race and intellectual property:

Olufunmilayo Arewa, Blues Lives: Promise and Perils of Musical Copyright, 27 Cardozo Arts & Ent. L.J. 547 (2010)

Kevin J. Greene, Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues, 16 Am. U.J. Gender Soc. Pol’y & L. 365 (2008)

Anjali Vats, The Color of Creatorship: Intellectual Property, Race, and the Making of Americans (2020)

Kara Swanson, “Race and Selective Legal Memory: Reflections on ‘Invention of a Slave’,” 120 Columbia L.Rev.1077 (2020)

If you have any questions about this week’s content or items for inclusion in future newsletters, please email bclt@law.berkeley.eduAll items for inclusion must be submitted by 12:00 P.M. Friday of the week prior to publication.

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