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Jan. 9, 2019 - The Denver Law Review is pleased to open registration for our 2019 Symposium, Driven by Data: Empirical Studies in Civil Litigation and Health Law. We have a top-class list of speakers for this year's symposium and we look forward to seeing you there! Register by following this link.


Apr. 4, 2018 - The Denver Law Review is currently accepting submissions for its Recent Developments in the Tenth Circuit issue. For details on the issue and submission instructions, please review this document. We look forward to reviewing all submissions!


Mar. 5, 2018 - The Denver Law Review will soon be accepting submissions for the 2018 Emerging Scholar Award. For details on the award including eligibility, award information, and submission instructions, please review this document. We look forward to reviewing all submissions!


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Thanks to all our our panelists and attendees for a great sympoisum!

On February 4 & 5, 2016 - Future World IP: Legal Responses to the Tech Revolution, The Denver Law Review presented its annual symposium on the role of intellectual property law in bringing new technologies to fruition and to the market.

The Denver Law Review examined this timely and complex field of law with highly distinguished scholars, practitioners, and members of the judiciary from around the country. Individual panel topics will addressed: cybersecurity and privacy; exhaustion; policy standards and patents; post-grant review procedures; and patent thickets.

The Mabel Y. Hughes Charitable Trust was the Platinum Sponsor of the Denver Law Review 2016 symposium.

REGISTER HERE

The Denver Law Review would like to thank our silver sponsor, Hogan Lovells, for their generous support:

The Denver Law Review would like to thank our bronze sponsors for their generous support:

    

 

 

 

 

 

 

 

PANELISTS

The DMCA’s Balancing Act

The Digital Millennium Copyright Act struck a delicate balance between copyright owners on the one hand and those that develop new uses for that copyrighted content on the other hand.  From the 9th Circuit’s recent decision in Lenz v. Universal Music to the pending proceedings on potential DMCA exemptions, the panel  discussed recent developments in the law and analyzed how well these new decisions are striking that balance.

Viva Moffat began her academic career at the University of Denver Sturm College of Law as an assistant professor after seven years in private practice and one year as a visiting professor. While in law school at the University of Virginia, Moffat was editor-in-chief of the Virginia Law Review. After graduation, she clerked for Judge Robert R. Beezer of the U.S. Court of Appeals for the 9th Circuit in Seattle. Following the clerkship, Moffat was an associate at Keker & Van NestLLP. 

 

 

 

Aaron Perzanowski teaches courses in intellectual property and telecommunications law at Case Western Reserve University. His research examines the influence of law and technology on the creation and exchange of information goods. His work has been published in law reviews and top specialty journals at Harvard, UC Berkeley, University of Pennsylvania, Northwestern University, UCLA, University of Minnesota, and UC Davis. Prior to his teaching career, he served as the Microsoft Research Fellow at the Berkeley Center for Law & Technology and practiced law at Fenwick & West in Silicon Valley.                                                                                                                                                                                                                                                       

Ian Ballon is an intellectual property and Internet litigator who represents clients in copyright, DMCA, trademark, patent, trade secret, and right of publicity cases which often involve issues of secondary liability and the applicability of safe harbors and exemptions, as well as in the defense of data privacy, security breach and TCPA class action suits. Mr. Ballon, who splits his time between the firm's Silicon Valley and LA offices, is the author of the four-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2d Edition, Thomson West 2015 Cum. Supp. and the earlier first edition, which has been cited in state and federal court opinions (www.ianballon.net). He is also the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). In addition, Mr. Ballon serves as Executive Director of Stanford University Law School's Center for E-Commerce. He has been included on the LA and San Francisco Daily Journal's list of the Top 75 IP litigators in California in every year that the list has been published (2008 to 2015) and has been named one of the Top 100 lawyers in California. He may be contacted at ballon@gtlaw.com.

Daniel Nazer is a Staff Attorney on the Electronic Frontier Foundation's intellectual property team, focusing on patent reform. Prior to joining EFF, Mr. Nazer was a Residential Fellow at Stanford Law School’s Center for Internet and Society. He also practiced at Keker & Van Nest, LLP, where he represented technology clients in patent and antitrust litigation. Before that, Mr. Nazer was a legal fellow with the Drug Law Reform Project of the American Civil Liberties Union. Mr. Nazer clerked for Justice Susan Kenny of the Federal Court of Australia and Judge William K. Sessions, III of the U.S. District of Vermont. Mr. Nazer has a B.A. in Philosophy from the University of Western Australia, an M.A. in philosophy from Rutgers, and a J.D. from Yale Law School. Mr. Nazer is the author of The Tragicomedy of the Surfer’s Commons (9 Deakin L. Rev. 655) and Conflict and Solidarity: The Legacy of Jeff D. (17 Geo. J. Legal Ethics 499).

 

Finding the Limits of Exhaustion

Under the first sale doctrine, intellectual property rights are exhausted after the authorized first sale of a product.  However, from GMO seeds to iTunes, emerging technologies have pushed the limits of exhaustion doctrine.  Moreover, as products increasingly cross national borders, exhaustion has taken on an international dimension. The panel discussed how exhaustion law has evolved to date and its future.

Molly S. Van Houweling is Professor of Law, Associate Dean, and Co-Director of the Berkeley Center for Law & Technology at the University of California, Berkeley, School of Law. Her current research interests include the intersection of intellectual property and tangible property law and the relationship between copyright authorship and ownership. Professor Van Houweling serves as an Associate Reporter to the American Law Institute's Restatement of the Law of Copyright and an Adviser to the Restatement of the Law of Property. She is a founding director of the non-profit Authors Alliance and a member of the Creative Commons Advisory Board. She graduated from the University of Michigan and Harvard Law School and served as a law clerk to Judge Michael Boudin and Justice David Souter.

Amelia Smith Rinehart joined the faculty of the S.J. Quinney College of Law at the University of Utah in 2010 following two years as a Visiting Assistant Professor of Law at Florida State University. Prior to entering the legal academy, she practiced law for several years at Orrick, Herrington & Sutcliffe L.L.P. in New York, and Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. in Baton Rouge, Louisiana, where she specialized in intellectual property litigation, procurement, and counseling. Professor Rinehart is a registered patent attorney and her scholarship focuses on patent law and theory. Professor Rinehart received her J.D. from the University of Chicago Law School in 2002. She received a Master of Science in biomedical engineering from Tulane University in 1997, and a Bachelor of Science in biomedical engineering, summa cum laude, with Departmental Honors from Tulane University in 1996. Prior to attending law school, Professor Rinehart worked as an engineer at Johnson Space Center in Houston, Texas.

Samuel F. Ernst is an Associate Professor at the Dale E. Fowler School of Law at Chapman University. Professor Ernst’s scholarship focuses on patent law and he teaches in the areas of intellectual property, contracts, and civil litigation practice.  Prior to joining the Fowler School of Law in 2013, Professor Ernst was a partner at the international law firm of Covington & Burling in San Francisco, practicing intellectual property, commercial, and appellate litigation, while maintaining an active pro bono practice focusing on veterans disability recovery and homeless advocacy.  In 2010, Professor Ernst was recognized by the Federal Circuit Bar Association for his work on behalf of veterans.  In 2006 and 2008, he received a Certificate of Excellence from the Berkeley Food and Housing Project.  Prior to joining the Fowler School of Law Professor Ernst taught pre-trial civil litigation at the UC Berkeley School of Law.  Professor Ernst earned his JD Magna Cum Laude from Georgetown University Law Center.  He has a BA in Modern Literary Studies from UC Santa Cruz and an MA in Comparative Literature from UCLA.

Kris Reed is a partner at the international law firm of Kilpatrick Townsend & Stockton. He focuses his practice on intellectual property litigation and counseling, and works with clients in such diverse fields as electronics, software, telecommunications, entertainment, retail, and financial transactions. Mr. Reed has extensive experience in all aspects of federal district court litigation and International Trade Commission (ITC) investigations and trials. As a registered patent attorney, Mr. Reed also specializes in post-grant proceedings before the United States Patent Office, having served as lead counsel in numerous inter partes review proceedings before the Patent Trial and Appeal Board. Mr. Reed also represents foreign parents, often on a pro bono basis, in international child abduction cases under the Hague Convention on the Civil Aspects of International Child Abduction, serving as lead counsel in multiple trials resulting in the successful return of illegally retained children to their home countries.

Also, Aaron Perzanowski.

 

Friday's Featured Speakers

Molly Kocialski brings more than twenty years of intellectual property experience to the USPTO. Most recently, Ms. Kocialski was the Senior Patent Counsel for Oracle America, Inc, where she was responsible for managing an active patent prosecution docket and was also responsible for all of the post-grant procedures and patent investigations for Oracle and its subsidiaries. Prior to Oracle, she worked at Qwest Corporation and was also in private practice in both New York and Colorado focusing on intellectual property litigation for multiple high-tech companies while maintaining an active prosecution docket.

The Honorable Nina Wang of the U.S. District Court: Prior to joining Faegre & Benson, Nina was an Assistant United States Attorney for the United States Attorney for the District of Colorado in the Civil Division. As Assistant United States Attorney, Nina was responsible for a docket of 30 federal district court cases in areas of employment discrimination, natural resources, medical malpractice, bankruptcy, civil rights and immigration. She handled all aspects of litigation matters, including trial proceedings. Before her work at the United States Attorney's Office, Nina also served as a judicial law clerk to the Honorable Peter J. Messitte of the United States District Court for the District of Maryland, and was a litigation associate at Fried, Frank, Harris, Shriver & Jacobson, with a focus on international arbitration.


Learning about and Valuing Standards Essential Patents

The development of standards requires the cooperation of many different parties with divergent interests.  As part of that process, parties learn about patents that potentially cover the standard and value them. This panel discussed how standards organizations, companies and the courts deal with these issues.

Chirag Patel has practiced intellectual property law for over eight years, and he brings a combination of skills and experience in technological fields including electrical engineering, telecommunications, software, and finance. Chirag has prepared and prosecuted patents related to wireless technologies, storage devices, storage area networks, digital signal processing, optics, control systems, image processing, databases, operating systems, social networking, financial services, and business methods. Chirag’s practice also includes patent prosecution, counseling, non-infringement analysis and opinions, invalidity analysis and opinions, intellectual property licensing, software licensing, software development agreements, software services outsourcing agreements, and counseling clients on IP management. Besides his background in technology and intellectual property, Chirag is also a chartered financial analyst (CFA), he regularly contributes to the CFA Digest, and he is on the Board of Editors for the CFA Digest. Chirag is also on the Board of Directors for The Second Wind Fund, a foundation based in Colorado with a mission to decrease the incidence of suicide in children and youth by removing the financial and social barriers to treatment.

Chris Byrne is Vice President at Samsung Electronics, Strategy & Innovation Center in Silicon Valley. Chris has B.A., B.S.E.E. and J.D. degrees and is a USPTO registered patent attorney. Prior to Samsung, Chris began his IP career with Hewlett-Packard and subsequently held the chief IP position at multiple multi-billion dollar public high-tech companies where Chris led record-setting design and implementation of several of the most strategic and commercially valuable IP platforms and portfolios in high-tech, from semiconductors to software. In each case, Chris had top company-wide leadership responsibility for all aspects of intellectual property development and management, including strategic patenting, licensing, litigation and IP policy issues, including repeated testimony before Congress on the Digital Millennium Copyright Act as IP Chair of the Information Technology Industry Council. Chris has also had industry-wide leadership roles in the policy and legal developments of software interoperability, software patents, and patent reform. Chris has also been a planning-committee member, speaker and presiding officer at the Stanford & Berkeley Law Schools' Advanced Patent Law Institute in Silicon Valley since its inception more than ten years ago.

Karen Bartleson was elected to be President of the IEEE for 2017. She is also senior director of corporate programs and initiatives at Synopsys. Her responsibilities have included programs for technical standards development, software tool interoperability, relationships with universities and research institutions worldwide, compute platform product support, and customer engagement through social media. She has represented Synopsys on the Si2 Board of Directors and was an officer of the Board of Directors of Accellera, which advances standards for use by the worldwide electronics industry. Karen was President of the IEEE Standards Association from 2013-2014.

Jorge Contreras is an Associate Professor at the S.J. Quinney College of Law at the University of Utah. Professor Contreras previously served on the law faculties of American University Washington College of Law and Washington University in St. Louis. Prior, Professor Contreras was a partner at the international law firm Wilmer Cutler Pickering Hale and Dorr LLP, where he practiced transactional and intellectual property law in Boston, London and Washington DC. Professor Contreras’s current research focuses, among other things, on the development of technical standards and the use and dissemination of data generated by large-scale scientific research projects. He is an internationally-recognized authority in the area of standards-essential patents and has been a leader in the development of the legal and policy aspects of genomic and biomedical research for nearly two decades.

 

Navigating Patent Thickets

The world is only becoming more complex.   From smartphones to new industrial facilities, companies have to be concerned about thousands, if not hundreds of thousands, of patents.   Panelists discussed how they try to navigate a way through these patent thickets so that their companies can conduct their business.

Bernard Chao is an associate professor, the director of the law school’s intellectual property certificate program and the co-director of its Empirical Justice Institute. He joined the University of Denver after practicing law in Silicon Valley for almost twenty years. During that time, he took on several different roles. At the law firms of Wilson, Sonsini Goodrich & Rosati and Pennie & Edmonds, Professor Chao represented technology companies in high stakes patent litigations across the country. As Vice President of Legal Strategy at Covad Communications (the first national DSL carrier), Professor Chao worked on a broad range of issues as Covad grew from a startup to a public company with thousands of employees. Later Professor Chao founded his own firm, Chao Hadidi Stark & BarkerLLP, which continues to provide strategic patent counseling to both established technology companies and startups. From 2007 to 2014, Professor Chao also served as a court appointed Special Master in the largest patent multidistrict litigation in United States history, In Re Katz Interactive Call Processing Patent Litigation.

Lucky Vidmar is a partner at Hogan Lovells where he represents high tech companies in complex litigation. A registered patent attorney, Lucky has helped major international companies resolve patent, trademark, software development and other disputes in the courts across the United States as well as in the U.S. International Trade Commission.  Lucky has litigated patent infringement disputes involving e-commerce software, middleware software, medical billing software, and SSL/TLS and RC4 encryption applications. On the hardware side, Lucky has litigated cases involving digital signal processing chips, noise cancelling circuitry, touchscreen, power management technology, Power-over-Ethernet standard, and DOCSIS cable modem standard, among others. Before becoming a lawyer, Lucky worked in the software and hardware industry for nearly ten years.

Stephen Zavell is a recently retired Senior Counsel for Chevron Corporation specializing in Intellectual Property and Licensing Law. His most recent assignment included providing subject matter intellectual property expertise for Chevron’s Asia Pacific Exploration & Production group (CAPEP) and Chevron’s Gas and Midstream operations for Chevron Shipping and Chevron Pipeline. The responsibilities includedproviding IP advice and counsel for Chevron’s multi-billion dollar major capital Gorgon and Wheatstone LNG projects. This work requires ensuring IP alignment for incoming and outgoing technology and licensing, IP compliance, and asset acquisition and disposition. From 2000 to 2008 his primary client was the SasolChevron joint venture gas to liquids (GTL) project in Escravos Nigeria. The responsibilities included the development of a worldwide patent portfolio for the process and product technology, European opposition work, and freedom to operate studies, cross-licensing with competitors, and advising management on IP issues facing the JV.Earlier in his career, Stephen worked for RCA, Marathon Oil Company, while in Law School , and private IP practice in a variety of technical areas.  Stephen has a BA 1973 in Chemistry from The Colorado College a JD 1976 from the University of Denver, College of Law and an MBA 1990 in technology evaluation and management from the University of California at Berkeley.

Amy L. Landers is the Director of the Intellectual Property Law Program at the Thomas R. Kline School of Law at Drexel University. She is an accomplished legal scholar and practitioner.  She was previously distinguished professor of law and director of the Intellectual Property Law Concentration at the University of the Pacific’s McGeorge School of Law. Professor Landers is an expert on patents and intellectual property law, and she is the author of “Understanding Patent Law,” now in its second edition, and co-author of “Global Issues in Intellectual Property Law” and “Global Issues in Patent Law.” Previously, Landers was a partner at Orrick, Herrington & Sutcliffe, in Silicon Valley, Calif. where she specialized in IP litigation, antitrust, fraud, trade secret and trademark cases.

 

Post Grant Review Strategies

The American Invents Act’s Post Grant Review proceedings are becoming the defendant’s weapon of choice. The panel examined recent legal developments, the underlying economics and overall impact of these new proceedings. 

Administrative Patent Judge Kristina M. Kalan has been an Administrative Patent Judge with the Patent Trial and Appeal Board since 2013. She earned a J.D. degree from the University of Colorado, where she served as Editor-in-Chief of the University of Colorado Law Review, and an A.B. degree in Chemistry from Harvard University. Judge Kalan served as Law Clerk for the Honorable Chief Judge Janice B. Davidson of the Colorado Court of Appeals. Following her clerkship, Judge Kalan joined the firm Berenbaum Weinshienk PC, where she practiced in the areas of patent, trademark, and copyright law.   

 

Wayne Stacy is a partner in Cooley's Litigation department and a member of the Intellectual Property Litigation practice group. Mr. Stacy is an adjunct professor at both the University of Colorado School of Law and the University of Denver School of Law where he has taught patent law and patent litigation classes for over a decade. Recently, Mr. Stacy co-developed a first-of-its-kind class for the University of Denver focused on Patent Office Litigation and the new inter partes review process. Mr. Stacy has tried patent cases totaling over a half-billion dollars in value to verdict. He regularly litigates in leading patent jurisdictions such as the Eastern District of Texas and the Northern District of California, among others. He is also a co-author of the patent local rules in the District of Colorado.

David O'Brien has more than 20 years of experience in software, semiconductor and computer electronics technologies. His legal practice emphasizes patent trial and appeal board (PTAB) proceedings, IP portfolio development, defensive matters and strategic patent counseling, building on core technology experience and incorporating a sophisticated understanding of the evolving legal framework in which rights to such technologies are procured and enforced. David handles all phases of inter partes review (IPR) and covered business method (CBM) review. David prepares and prosecutes high-value patent applications. He provides clients with focused offensive and defensive analyses of intellectual property positions, including opinions, assertion analyses and acquisition due diligence. Over the years, David has provided strategic counsel to a variety of multi-national corporations and emerging companies in the context of major eCommerce, network security, content delivery, microprocessor and semiconductor patent assertions. He renders defensive non-infringement and/or invalidity opinions when appropriate. David also prepares agreements and advises clients in technology transactions and licensing matters.

 

Cybersecurity & Privacy

Derek Bambauer is a Professor of Law at the University of Arizona, where he teaches Internet law and intellectual property. His research treats Internet censorship, cybersecurity, and intellectual property. He has also written technical articles on data recovery and fault tolerance, and on deployment of software upgrades. A former principal systems engineer at Lotus Development Corp. (part of IBM), Professor Bambauer spent two years as a Research Fellow at the Berkman Center for Internet & Society at Harvard Law School. At the Berkman Center, he was a member of the OpenNet Initiative, an academic consortium that tests and studies Internet censorship in countries such as China, Iran, and Vietnam. He is one of the authors of Info/Law, a popular blog that addresses Internet law, intellectual property, and information law. He holds an A.B. from Harvard College and a J.D. from Harvard Law School.

Margot Kaminski is an Assistant Professor at The Ohio State University Moritz College of Law. She researches and writes on law and technology. She is a graduate of Harvard University and Yale Law School. Professor Kaminski’s research and policy work focuses on media freedom, online civil liberties, international intellectual property law, legal issues raised by AI and robotics, and surveillance. She has written on law and technology for the popular press, and appeared on NPR’s On the Media and other radio shows and podcasts. Her article, “The Capture of International Intellectual Property Law Through the U.S. Trade Regime” was published in the Southern California Law Review; and her essay on domestic drone use, “Drone Federalism: Civilian Drones and the Things They Carry” was published in the California Law Review Circuit.From 2011 to 2014, Professor Kaminski served as the executive director of the Information Society Project at Yale Law School, an intellectual center addressing the implications of new information technologies for law and society. She remains an affiliated fellow of the Yale ISP.

Beth Magnuson is a Privacy & Data Security Senior Legal Editor with Thompson Reuters Practical Law Group. Beth joined Practical Law from Oracle, where she was managing counsel, responsible for privacy and security matters. Her prior positions at Oracle (formerly Sun Microsystems) focused on trademark and copyright matters. Before that, she was special counsel with Faegre & Benson, general counsel of Pumpkin Masters, a seasonal products company, and an intellectual property associate at both Finnegan, Henderson, Farabow, Garrett & Dunner and Welsh & Katz (now Hush, Blackwell).

Clay James' litigation practice emphasizes intellectual property and technology-related disputes, privacy and data security, consumer class actions, and complex commercial litigation. He has acted as lead counsel in dozens of patent cases involving computer hardware and software, including microprocessors, computer applications and database programs, displays, and power management devices, as well as internet technology and applications, online advertising and electronic commerce, medical records technology, and business methods. He has also litigated patent and trade dress claims related to headphones and audiology products. In addition to patent matters, he has successfully litigated claims of trademark, trade dress, and copyright infringement. Clay is active in the intellectual property legal community. He is a member of the Discovery Committee of the Intellectual Property Owners Association (IPO) and is a past Chairman of the Intellectual Property Section of the Colorado Bar Association. He has appeared as lead counsel in state and federal courts around the country including leading intellectual property and technology jurisdictions such as the Eastern District of Texas, the Northern District of California, the Northern District of Illinois, and the District of Delaware. In addition to intellectual property disputes, Clay has substantial experience litigating privacy and data security class actions, as well as complex business and regulatory disputes, including breach of contract and business tort cases, antitrust, and civil fraud litigation including claims under the False Claims Act.

 

AGENDA

 

Thursday, February 4, 2016

11:00 a.m. -- 12:00 p.m. Check in and registration

12:00 p.m. – 1:00 p.m. Welcome Lunch with Dean Moffat

1:15 p.m. – 2:30 p.m. DMCA & Takedown Issues

2:30 p.m. -- 2:45 p.m. Break

2:45 p.m. – 4:00 p.m. Finding the Limits of Exhaustion

4:00 p.m. – 5:30 p.m. Reception

 

Friday, 5, 2016

8:00 a.m. – 9:00 a.m. Breakfast

9:00 a.m. – 10:15 a.m. Standards Essential Patents

10:15 a.m. – 10:30 a.m. Mid-Morning Break

10:30 a.m. – 11:45 a.m. Navigating Patent Thickets

12:00 p.m. – 1:00 p.m. Lunch with Featured Speakers

1:00 p.m. – 2:15 p.m. Post Grant Review Procedures

2:15 p.m. – 2:30 p.m. Mid-afternoon Break

2:30 p.m. – 3:45 p.m. Cybersecurity & Privacy

3:45 p.m. – 4:00 p.m. Concluding Remarks

 

Please check back for updates regarding next year's symposium!