News and Updates from the Franklin Pierce Center for Intellectual Property

A Letter From The Director of the Franklin Pierce Center for Intellectual Property

IP CENTER TO WELCOME ACCOMPLISHED FACULTY MEMBERS

My second year as Director of the Franklin Pierce Center for Intellectual Property (FPCIP) and Professor of Law at the University of New Hampshire School of Law has really flown by. I’ve enjoyed my teaching responsibilities immensely because our JD and graduate students are so smart and engaged. The lectures and conferences that took place under the aegis of FPCIP went very well, and the future for even more expansive FPCIP programming looks very bright indeed. I’m thrilled that Tonya Evans and Ryan Vacca are joining our faculty, and the addition of Megan Carpenter as Dean really reinforces our institutional position as an Intellectual Property law powerhouse. I look forward to an even better third academic year here at a truly terrific place, the University of New Hampshire School of Law.

Best wishes,

Ann Bartow


Professor of Law and Director of the Franklin Pierce Center for Intellectual Property Ann Bartow made scholarly presentations at a variety of conferences and venues, including: The Intellectual Property Scholars’s Conference at Stanford Law School in August, the International Trademark Association’s Leadership Training in November, and the Asian Intellectual Property Scholar’s Conference at the Singapore Management University in Singapore in February (where she also presented at a second conference on Methodologies in IP Research later in the week). She also delivered a trademark lecture at Nanyang University Business School in Singapore in February, and in March spoke at the Internet Works in Progress Conference at Santa Clara University School of Law, delivered the keynote lecture on copyright misuse at John Marshall Law School in Chicago, and spoke at the Boston College School of Law Symposium on UCC & IP Licensing/Exhaustion. In May, Bartow delivered a copyright lecture at Beijing Jiao Tong University. She also attended the Global Legal Skills Conference at the Facultad Libre de Derecho de Monterrey in Monterrey, Mexico; taught U.S. Copyright Law at Tsinghua University in Beijing China in Summer 2016 and will do so again this coming summer; taught Internet Law at Sung Kyun Kwan University in Seoul, South Korea in Summer 2016; and moderated the Professors’ Panel at the INTA Annual Meeting in Barcelona, Spain a few weeks ago. Bartow also published an article in the St. John’s Law Review entitled “Patent Law, Copyright Law and the Girl Germs Effect.”

Professor of Legal Research and Intellectual Property Librarian Jon Cavicchi presented “Librarians as Defenders of IP Rights” to the Caribbean Delegation of the World Affairs Council of New Hampshire on June 29, and was also a featured speaker before the New Hampshire College & University Council (presenting Copyright and Today’s Libraries: How Did it Get So Complicated?) in September and the Association of College and Research Libraries New England Chapter (presenting ILL & Copyright: Putting it All Together) in October. He was also selected to the Editorial Board of the SciFed Journal of Intellectual Property. Cavicchi also facilitated a Sept. 19 visit to the UNH Law campus from Mindy Bickel, Associate Commissioner for Innovation Development at the USPTO, as part of her national tour on the Patent Examination Process. This year, Cavicchi also published two pieces of scholarship: Karl F. Jorda: An Anthology Remembering the Remarkable Life of an IP Icon and Beloved Professor, 57 IDEA 363 (2017); and UNH School of Law IP Library: 20th Anniversary Reflection on the Only Academic IP Library in the United States 65 IDEA 335 (2016).

Associate Professor of Law and Franklin Pierce Center for Intellectual Property Faculty Fellow Roger Ford published several pieces of scholarship and has two others forthcoming – “The Uneasy Case for Patent Federalism, 2017 Wisconsin Law Review; and “Trade Secrets and Information Security in the Age of Sports Analytics,” in the Oxford Handbook of American Sports Law. His published items include “Privacy and Accountability in Black-Box Medicine,” 23 Michigan Telecommunications and Technology Law Review 1 (2016) (with W. Nicholson Price II); The Patent Spiral, 164 University of Pennsylvania Law Review 827 (2016); and Unilateral Invasions of Privacy, 91 Notre Dame Law Review 1075 (2016). Ford also presented “Which Practicing Entities Assert Patents” at the Junior Intellectual Property Scholars Association in January and the Stanford Patent Assertion Reform Symposium in May. Other engagements included commenting on “Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System” by Rebecca Wexler in March, and presenting “The Uneasy Case for Patent Federalism” at the UNH Law IP Scholars’ Roundtable in October. Ford will present “Data Scams at the Privacy Law Scholars Conference in June. This year, Ford also had the opportunity to moderate the UNH Law Sports and Entertainment Law Society’s panel on “Opposing Angles: Trademark Law and the First Amendment” in April, and to participate on the UNH Fremont Society panel on FCC privacy regulations and the Congressional Review Act in April.

Professor Stan Kowalski partnered with International Technology Transfer Institute clinic students Dr. Christian Hans and Dr. Chris Sullivan to present a series of lectures in Washington, D.C. in December. “Session on Patent Landscaping” was presented to a delegation of Algerian professionals at the Commercial Law Development Program. In March, Kowalski and a group of students welcomed two delegations of IP professionals – including judges, lawyers, and technology transfer officers – from China to the UNH Law campus as part of a World Affairs Council of New Hampshire program, sponsored by the U.S. Department of State, Bureau of Education and Cultural Affairs. In May, Kowalski delivered a lecture at Instituto Nacional de la Propiedad Industrial (INPI) in Argentina entitled “Global Development: Megatrends, Innovation Ecosystems and the Intellectual Property Paradigm Challenge,” and Kowalski continued his collaborations with the WIPO Global Challenges Division, contributing to a report that addresses patents and the development and distribution of and access to critically important drugs. Throughout the year, Kowalski served on the Law Peer Review committee for merit review of applicants to the Fulbright Specialist Program, and he also served as an ad-hoc Ph.D. external dissertation review committee member for Dr. Reed Beall, in graduate studies at the Interdisciplinary School of Health Sciences at the University of Ottawa.

Professor Ashlyn Lembree visited the United States Patent and Trademark Office (USPTO) for a law school clinical conference in April, along with UNH Law student Lynne Wang, and also hosted USPTO’s Jim Silbermann at UNH Law in November as he spoke with students at a Student Intellectual Property Law Association lunch and visited with clinic students. She was also active with the Arthur J. Gajarsa American Inn of Court and was part of the leadership team organizing several IP educational events on the UNH Law campus. She settled three TTAB cases in a one-week span during the final weeks of the spring semester, including a high-profile case involving Edible Arrangements. During the fall semester, Lembree presented to the UNH undergraduate seniors in engineering on trademark and copyright law, and also coached UNH Law’s IP Law Meets team and worked with moot court teams in the Giles S. Rich Memorial Moot Court Competition in Boston and the Saul Lefkowitz Moot Court Competition in New York.

Professor and Director of the Sports and Entertainment Law Institute Michael McCann performed editing work in his role as Editor-in-Chief of the forthcoming Oxford University Press Handbook of American Sports Law, a book in which he also authored two chapters: “American Sports Law through Deflategate,” and “Leagues and Owners: The Donald Sterling Story.” The book will feature 30 chapters on contemporary sports law issues, including chapters by UNH Law professors Alexandra Roberts and Roger Ford. During the academic year, McCann wrote 70 articles for Sports Illustrated as SI’s Legal Analyst and Investigative Writer, on topics including Ryan Lochte’s indictment in Brazil during the Olympic Games, new collective bargaining agreements in the NBA and MLB, the shooting death of Joe McKnight, Art Briles’s lawsuit against Baylor University and the university’s sexual assault scandal, the impact of President Trump’s immigration ban on NBA players from other countries, Charles Oakley’s dispute with New York Knicks owner James Dolan, the theft of Tom Brady’s Super Bowl jersey, and the acquittal and suicide of Aaron Hernandez. McCann was honored by Forbes as “The No. 1 Must-Follow in Sports Law as part of Forbes’ list of Top 50 Sports Business Commentators on Twitter, and appeared on numerous television shows, including The NBC Nightly News with Lester Holt in January 2017 to discuss the sexual assault scandal at Baylor University and on CNN’s May 2017 special, “Downward Spiral: Inside the Life and Death of Aaron Hernandez.” McCann was also a regular contributor on Boston’s WEEI Sports Radio and made appearances on The Dan Patrick Show, The Rich Eisen Show, and The Jim Rome Show. McCann delivered the keynote address as the ANA Advertising Law & Public Policy Conference luncheon, and presented at Harvard Law School on the NFL concussion crisis and at Boston College Law School on legal issues surrounding daily fantasy sports. He was also appointed to the Harvard Law School Systemic Justice Project Board of Advisors. At UNH Law, McCann served as co-chair of the school’s dean selection committee during the process that led to Megan Carpenter accepting the position of dean beginning July 1, and he was also chair of the UNH Law Faculty Appointments Committee, which recommended for hire Tonya Evans and Ryan Vacca, both of whom agreed to join the IP faculty this fall.

Professor William Murphy received a Faculty International Development Grant from the UNH Center for International Education and Global Engagement to travel to Ireland to continue his work on international protection of intellectual property. Murphy worked with the faculty at the University of Limerick Law School – where he spent a sabbatical during the spring 2016 semester –  to explore methods to globalize the curriculum at Limerick and UNH Law through the use of blended learning techniques. A “proof of concept” project is scheduled for the upcoming academic year. Murphy also co-authored an article (“Personal Property as Security: A Comparative Perspective for Reform”) with Professor Raymond Friel of the University of Limerick that was the lead article in the Volume 23, Number 10 edition of Commercial Law Practitioner (Round Hall Publishers, Thomson Reuters Ireland) in November. Murphy has explored the use of technology as a means to expand the global reach of UNH law, and to that end presented a live interactive lecture entitled “Valuation of Intellectual Property Assets, the Fuel of the Modern Economy” to faculty and graduate students at the University of Petroleum and Energy Studies in Dehradun, Uttarakhand, India in October – an opportunity he developed in partnership with UNH Law alum Sampath Kumar of India. Murphy – who continues to explore the emerging laws and regulations surrounding Unmanned Aerial Vehicles (UAV) was one of three presenters in a live webcast by the Knowledge Group as part of the Knowledge Congress Live Webcast Series in June of 2016, delivering a presentation entitled “Anti-drone defenses and technologies: the legal issues surrounding development and use.”

Professor John Orcutt taught at East China University of Political Science and Law – China’s largest IP law school – in Shanghai in May, following teaching appearances in December 2015 and 2016 by speaking on “Advanced IP Monetization and Management Strategies.” This summer, Orcutt will be teaching IP valuation courses at UC Davis (as part of its annual licensing institute), as well as Argentina, and Thailand. He is also on the PhD dissertation committee for a candidate from a Thai university who is completing his PhD research on IP valuation models that are specifically suited for Thailand. In addition, Orcutt is writing a guidebook for the World Intellectual Property Organization with Professor William Murphy and Professor Christopher Frerking, and is finalizing a book manuscript for “Securities Regulation for Startups,” which will be published by Carolina Academic Press.

Associate Professor Alexandra Roberts was a featured speaker and presenter at a variety of venues throughout the academic year. She was a panelist at the Southeastern Association of Law Schools (SEALS) annual meeting in Amelia Island, Florida in August as part of a panel discussing scholarly impact, and was also featured in a discussion on the role of creativity in trademark law. She presented “Tagmarks,” forthcoming in California Law Review, at the George Washington School of Law Intellectual Property Colloquium in September, and at the St. John’s University School of Law Intellectual Property Colloquium in March, and met with trademark examining attorneys, economists, and policymakers at the USPTO as part of the Office of the Chief Economist’s Visiting Speaker Series in Alexandria, Va. in September. She was a participant in UNH Law’s Sixth Annual Intellectual Property Scholars’ Roundtable in October, and at Vanderbilt University Law School’s Fourth Annual IP Scholars Roundtable in April, and participated in the Junior IP Scholars Association (JIPSA) workshop at Ohio State University in January. In February, Roberts presented her work in progress, “Trademark Failure to Function,” at two different conferences at Boston University: Works In Progress in IP (WIPIP) and Boston University School of Law’s Journal of Science, Law, & Technology Symposium, “Bridging the Gap between the Federal Courts and the United States Patent and Trademark Office.” She published “Athlete Trademarks” in The Oxford Handbook of American Sports Law in January, and was quoted in Time Magazine regarding the intersection of trademark and right of publicity laws and NCAA amateurism rules in March. At UNH Law, Roberts was a panelist at a Sports and Entertainment Law Society event, “Opposing Angles: Trademark Law versus the First Amendment in the Slants Case” in April, and later that month planned and organized a “Concert & Conversation with Simon Tam & the Slants” at Concord’s True Brew Barista. Roberts also organized, planned, and hosted “A Celebration of the Life and Work of Calvin Massey” in collaboration with UC Hastings at UNH Law in September.