Franklin Pierce Center for IP Newsletter - Spring 2014
Message from Alex Roberts, Executive Director
Dear Friends of the Franklin Pierce Center for Intellectual Property:
We’re wrapping up a great year at UNH Law, and we wanted to update you on what’s been going on at the IP Center. Our student groups have been busy this spring: the Student Intellectual Property Law Association and IDEA: The IP Law Review, co-hosted a phenomenal symposium on counterfeit pharmaceuticals, featuring INTERPOL Secretary-General Ronald Noble and a number of other great speakers. SIPLA also collaborated with the Sports and Entertainment Law Society to bring several experienced sports and entertainment lawyers to campus for a networking lunch and a discussion about their practices.
Two new student groups hit the ground running: our student chapter of the Federal Bar Association brought a litigator and an expert witness to Concord to educate students about calculating damages in patent litigation, and our Licensing Executives Society—currently the only student chapter of LES—presented two guest lectures, one on “Licensing, Litigating, and Lessons from the Trenches” and another on “Licensing Compliance – Pitfalls and Best Practices.” Each event focused on the featured speakers, but behind the scenes they were driven by the students’ curiosity about and passion for IP. Given our students’ sophistication, it’s no surprise that our IP program was ranked among the top ten in the nation yet again by US News & World Report, while our overall ranking jumped 26 slots from the prior year to place us at number 93.
I’m also thrilled to share that we recently recruited two new patent scholars, Nicholson Price and Roger Ford, who will join the faculty this summer. Our two new additions boast degrees in chemistry and biology, substantial teaching and practice experience, expertise in privacy law and health law, and a wealth of scholarship related to intellectual property. While technically junior members of the academy, each of our two new faculty members is already well-known, well-respected, and very widely cited; each also brings an enthusiasm for teaching and mentoring students and a willingness to roll up his sleeves and help us continue to make the school and IP program even stronger than they already are. I hope you’ll join us in extending a warm welcome to Roger and Nicholson as they join the UNH Law community.
Meanwhile, we head into graduation and summer break having barely thawed out from a long winter. If you can make it to New Hampshire for a week, I highly recommend enrolling in a class or two as part of our long-running Intellectual Property Summer Institute (IPSI), which will be held from May 26 to June 20 this year. IPSI has something for everyone, from “Advanced Patent Practice,” “International Privacy Law,” and “Pharmaceutical Patent Litigation” to “Fair Uses of Copyrighted Works and Trademarks,” “Internet Law,” and “Sports Law and Investigative Reporting.” Our faculty this summer features a mix of seasoned IPSI veterans and new faces, all experts in their respective fields; the group includes federal judges, professors, policymakers, and practitioners from the US and abroad.
Enjoy the summer wherever you spend it!
Meet UNH Law’s New Patent Hires
JD, Columbia University School of Law
PhD in Biological Sciences, Columbia University Graduate School of Arts and Sciences
AB in Biological Sciences, Harvard College
Nicholson is currently an Academic Fellow at Harvard Law School’s Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. He previously clerked for Judge Carlos T. Bea of the US Court of Appeals for the Ninth Circuit, and was a Visiting Consortium Scholar at the UCSF/UC Hastings Consortium on Law, Science and Health Policy. At Columbia Law, he served as Submissions Editor of the Columbia Science and Technology Law Review.
Nicholson’s current scholarship is focused on the role of innovation policy in pharmaceutical manufacturing, and on a variety of issues related to genetic testing and genetic sequencing, including the role of gene patents and the return of individual results in genetic research.
Making Do in Making Drugs: Innovation Policy and Pharmaceutical Manufacturing, 55 B.C.L. Rev. 491 (2014)
Unblocked Future: Why Gene Patents Won’t Hinder Whole-Genome Sequencing and Personalized Medicine, 33 Cardozo L. Rev. 1601 (2012)
Am I My Son? Human Clones and the Modern Family, 11 Colum. Sci. & Tech L. Rev. 118 (2010)
JD, University of Chicago Law School
SB in chemistry, Massachusetts Institute of Technology
Roger is currently a Lecturer in Law and Bigelow Teachin g Fellow at the University of Chicago Law School. He previously clerked for Chief Judge Frank Easterbrook of the United States Court of Appeals for the Seventh Circuit, practiced intellectual-property litigation and privacy law at Covington & Burling LLP, taught federal courts at the George Mason University School of Law, and served as a Microsoft Research Fellow in the Information Law Institute at the New York University School of Law.
His research interests include intellectual property, information privacy, property, criminal procedure, and antitrust, with a particular emphasis on how these areas of law are affected by changing technology.
Patent Invalidity Versus Noninfringement, 99 Cornell L. Rev. 71 (2013)
Modeling the Effects of Peremptory Challenges on Jury Selection and Jury Verdicts, 17 Geo. Mason L. Rev. 337 (2010).
Comment, Preemption of State Spam Laws by the Federal CAN-SPAM Act., 72 U. Chi. L. Rev. 355 (2005).
Starting May 27
Intellectual Property Summer Institute
UNH Law’s long-established summer IP program continues this year with courses for lawyers, law students, engineers, scientists, journalists, and business executives. The curriculum includes: Sports Law & Investigative Reporting; Fair Uses of Copyrighted Works & Trademarks; Dispute Resolution in IP Strategies; Advanced Patent Practice; Global IP Management; Advertising Law; Patent Portfolio Management; and Internet Law.
For more info, or to register, see: law.unh.edu/summer-study/ip-summer-institute
Advanced Patent Law Institute
This summer, UNH Law will offer a two-week advanced certification program created especially for patent attorneys, agents, examiners, managers and other IP and business professionals. The Advanced Patent Law Institute faculty features Judge Arthur Gajarsa of the US Court of Appeals for the Federal Circuit (retired), as well as IP practitioners and scholars from around the world.
For more info, or to register, see: law.unh.edu/summer-study/advanced-patent-law-institute
UNH Law Alumnus and Students Launch Patent Board Ferret Website
Trent Ostler (JD’11) and four current UNH Law students have launched Patent Board Ferret, a website that provides Patent Trial and Appeals Board (PTAB) data in a more intuitive and robust way than the PTO’s website. What started as a narrow project to improve upon the PTO’s list of PDFs and primitive search capabilities soon took on a much broader scope as it became apparent what functionality the massive amounts of patent data could provide, including tracking each type of rejection/issue decided along with the judge's disposition. Using this information in conjunction with supplemental application data is a powerful way to predict the strength of a particular rejection in a similar pending application.
Symposium on the Global Problem of Counterfeit Pharmaceuticals
This winter, UNH Law’s IDEA: The Intellectual Property Law Review hosted a symposium to explore the intellectual property and public health policy issues raised by the global problem of counterfeit pharmaceuticals. The keynote speaker for the event was Ronald Noble, Secretary General of INTERPOL, who discussed his international organization's efforts to stem the tide of illegal drugs. Symposium participants included health economists, pharmaceutical company executives, and legal experts. For more info, or to view Ron Noble’s presentation, see: law.unh.edu/news/2014/02/secretary-general-of-interpol-to-keynote-unh-law-conference-feb.-19
UNH Law Professors, Alumni Travel to Armenia to Aid IP Development Efforts
In December, UNH Law Professors Stanley Kowalski and Ashlyn Lembree, along with Vincent Macri LLM ‘03, traveled to Armenia to join Sarkis Knyazyan LLM ‘09 to assist with IP development efforts in the country. Professor Kowalski is director of UNH Law’s International Technology Transfer Institute, and Professor Lembree heads the school's Intellectual Property & Transaction Clinic.
Read more: law.unh.edu/news/2014/02/unh-law-professors-alumni-travel-to-armenia-to-aid-ip-development-efforts
16th Comprehensive Patent Cooperation Treaty (PCT) Seminar
UNH Law’s Franklin Pierce Center for Intellectual Property, in cooperation with the World Intellectual Property Organization, hosted the Comprehensive PCT Seminar on April 25 and 26, which provides patent attorneys, patent agents, patent administrators, paralegals, and law students with an in-depth knowledge and understanding of the Patent Cooperation Treaty.
For more info: law.unh.edu/news/2014/04/unh-law-to-host-patent-cooperation-treaty-seminar-this-spring
IP Scholars' Roundtable
UNH Law’s 3rd annual IP Scholars’ roundtable convened last fall, bringing a wide range of IP scholars from all over the country together to share their works-in-progress and to discuss the theme “Intellectual Property Where Function Meets Style.”
Robert Shaw International IP Symposium
In conjunction with Sughrue Mion PLLC, the IP Center is hosting two versions of the second annual Robert Shaw International IP Symposium this spring: May 8 in Tokyo and May 15 in Seoul. Both events will focus on recent developments and strategies in Inter Partes Reviews and other Post Grant Proceedings at the USPTO.