Boston School of Law Intellectual Property Newsletter Spring 2010

in this issue:
Recent and upcoming events (May-June 2010)
Recent and upcoming BU Law faculty activities
In the news
About the IP curriculum
Feedback

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Recent and upcoming events at BU Law (May-June 2010)

May 7: BU Law Intellectual Property Speaker Series BU hosted Professor Glynn Lunney of Tulane Law School, who presented the paper “Copyright, Derivative Works, and the Economics of Complements.”

wendy gordon
Professor Gordon

May 25: BU Law hosted a reception for BU Law alumni attending the INTA annual meeting. About 7,000 IP professionals, scholars and students from around the world, including BU Law alumni, converged on Boston for the International Trademark Association (INTA) annual meeting, May 22-26. Professors Wendy J. Gordon and Stacey Dogan participated at the meeting (see "Faculty Activities section," below). Dean O’Rourke and the faculty welcomed BU Law alumni in town for the INTA annual meeting at a School reception.

June 17-18: BU Law to sponsor “Communication of Technical Knowledge,” an IP workshop organized by Professor Michael Meurer and James Bessen with support from the Ewing Marion Kauffman Foundation. Typically, invention and innovation are collective endeavors. Many people combine their talent, effort and knowledge to bring new technologies to the marketplace. Effective invention and innovation requires effective communication of technical knowledge between participants. In practice, this communication happens in various ways and different laws and policies affect how well these channels work. Although some research has separately explored each of these different aspects of communication, it might be helpful to gain a more comprehensive view. In an interdisciplinary workshop organized and led by Professor Meurer, we will explore various channels used to communicate technical knowledge among inventors and innovators, and how law and policy affect such communication. Guest speakers will include:

Prof. Meurer
Professor Meurer
  • Viral Acharya, NYU Stern School of Business “Wrongful Discharge Laws and Innovation”
  • Wes Cohen, Duke Fuqua School of Business
  • Catherine Fisk, UC, Irvine Law “The Writers Guild of America: Unions and Intellectual Property”
  • Lee Fleming, Harvard Business
  • April Franco, Toronto Rotman School of Management
  • Eric von Hippel, MIT Sloan School “Extensive Free Revealing by Industrial and Consumer User-Innovators”
  • Alan Hyde, Rutgers, Newark Law “Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence”
  • Matt Marx, MIT Sloan Management “Regional Disadvantage? Non-compete Agreements and Brain Drain”
  • Peter Meyer, Bureau of Labor Statistics
  • Alessandro Nuvolari, Sant’Anna School of Advanced Studies, Pisa “Inventive Activities, Patents and Early Industrialization. A Synthesis of Research Issues” and “Mr. Woodcroft and the Value of English Patents, 1617-1841”
  • Mike Scherer, Harvard Kennedy School
  • Ted Sichelman, University of San Diego Law “Do Entrepreneurs Read Patents?”
  • Katherine Strandburg, NYU Law “User Innovator Community Norms at the Boundary Between Academic and Industry Research”
  • Heidi Williams, Harvard University Economics “Intellectual Property Rights and Innovation: Evidence from the Human Genome”
  • And from BU, Law Professors Gordon, Meurer, Bessen and Keith Hylton, and School of Management Professors Iain Cockburn and Tim Simcoe

>> More information on this event.

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Recent and upcoming BU Law faculty activities

  • March 8: Professor Gordon presented the paper “Copyright’s Derivative Works Doctrine and an Upside-Down Proviso” to an audience at Cambridge University, England, cosponsored by the Law Faculty and the Philosophy Department.
  • March 13: Professor Dogan presented a talk on "Secondary Liability in U.S. Intellectual Property Law," in Cambridge, England, at the conference "Widening the Net: Contributory/Accessorial/Secondary Liability for Facilitating, Authorising and Inducing Infringement of Intellectual Property Rights."
  • Professor outterson
    Professor Outterson
    March 17: Professor Kevin Outterson participated in a public health forum at BU and explored the question "Do Global Pharmaceutical Companies Have a Duty to Help Impoverished Patients?" He examined the potential ethical responsibilities that drug companies might have to improve global public health, in the legal context of global drug patents.
  • April 1: Professor Meurer was a panelist at Harvard Journal of Law & Technology's discussion of In re Bilski, Harvard Law School
  • April 1: Professor Meurer was a panelist in "The Written Description Requirement en banc: Ariad v. Eli Lilly,” hosted by Boston Intellectual Property American Inn of Court.
  • April 16-17: Professor Dogan participated in the Trademark Scholars Roundtable in Chicago. The Roundtable, co-sponsored by DePaul and Indiana Law Schools, brought together a group of leading trademark scholars to discuss permissible uses of trademarks.
  • April 23: Professor Meurer was a panelist at "Patent Policy and Innovation," Petrie-Flom Center at Harvard Law School.
  • April 27: Professor Gordon presented the paper “Copyright’s Derivative Works Doctrine and an Upside-Down Proviso” at the Chicago Intellectual Property Colloquium at Loyola Law School.
  • April 28: Professor Gordon spoke at Cornell University Law School as part of a panel discussing the new book Property Outlaws, by Peñalver and Katyal.
  • May 5: Professor Outterson spoke at the Resources for the Future policy briefing in Washington, D.C., on incentives for antibiotic development and conservation, including patents and marketing exclusivity periods.
  • May 21: Professor Meurer was a panelist at the Innovation Symposium, ABA Antitrust Section at Stanford Law School.
  • May 24: Professors Gordon and Dogan participated in the International Trademark Association (INTA) Annual Meeting (May 22-26) in Boston. On May 24, designated as Academic Day, they served as commentators during sessions of the Trademark Scholarship Symposium, and also Professor Gordon discussed the Socratic Method at a program for adjunct professors of trademark law.
  • May 26: Professor Meurer was a panelist at the FTC, DOJ, and PTO Joint Workshop on Promoting Innovation,
  • May 28-29: Professor Gordon participated in the interdisciplinary invitational workshop "Open and User Innovation and Intellectual Property Law"  in St. Helena, Calif. The workshop was co-sponsored by the the NYU Engleberg Center on Innovation Law and Policy and the U.California—Berkeley Center for Law and Technology.
  • June 2: Professor Dogan participated in a trademark workshop at the Max Planck Institute in Munich, Germany. The workshop addressed the challenges that result from the interrelationship between European Community trademark law and the trademark law of individual European states.  Professor Dogan was invited to offer a US perspective on the substantive goals of trademark law and the relative role of state and federal trademark law in promoting those objectives.
  • June 13-15: Professor Dogan, as co-editor-in-chief of the Journal of the Copyright Society of the U.S.A., participates in the Copyright Society’s Annual Meeting in Hamburg, N.J.
  • June 14: Professor Meurer delivers keynote address "Patent Reform: Is the System Broken?" and Adjunct Professor Robert Plotkin ('96) will be a panelist at Massachusetts Continuing Legal Education (MCLE) 13th Annual Intellectual Property Law Conference.

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In the news

  • Professor Dogan
    Professor Dogan
    Professor Dogan recently received an honorable mention in the seventh annual Jerry S. Cohen Memorial Fund Writing Award for antitrust scholarship. She was recognized for her article “Antitrust Law and Regulatory Gaming,” which was co-authored with Stanford Law School Professor Mark A. Lemley and appeared in Texas Law Review in 2009.
  • Professor Bessen is quoted and his and Professor Meurer’s book Patent Failure is referenced in the June 2010 Wired story “Investigation: Apple vs Nokia vs Google vs HTC vs RIM1.”
  • Dean O'Rourke and Professors Bessen and Meurer are ranked among the most cited patent law faculty by Patently-O blog.
  • Professors Bessen and Meurer appear in "Patent Absurdity," a video on software patents.
  • Professor Meurer discusses his book Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovation at Risk in a podcast on Legal Talk Network. Co-written with Professor Bessen, the book discusses the shortcomings in the patent system and its failure to create predictable legal boundaries.. Called a “pioneering and historic effort” by Nobel Laureate Eric Maskin, the book highlights the system’s failure to encourage innovation.

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About the IP curriculum

BU Law recognizes the importance that IP law plays in our society. For this reason, IP Law is integrated into every part of our curriculum. The School offers an IP Law concentration in our J.D. program, dual-degree programs involving IP Law, an IP focus within our Legislation Clinic as well as a highly selective Master of Laws Degree in Intellectual Property Law. BU Law also annually publishes professional articles and student-written notes in the Journal of Science & Technology Law.

>>View full BU Law IP curriculum

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Feedback

We want to know what you think about our newsletter about BU Law's IP program. Please send us your thoughts by using our online Feedback form.

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