Franklin Pierce Center for IP Newsletter - Spring 2012
News From UNH Law's
Franklin Pierce Center for Intellectual Property
Message from Mary Wong, Director
"Since the Franklin Pierce Center for IP was formally launched in September, we have been hard at work ensuring that our first year of programming matches up to the expectations that our students, alumni and friends have of us. I’m thrilled to welcome, on behalf of the UNH Law community, Judge Arthur J. Gajarsa, who will join us this semester as our first-ever Distinguished Jurist in Residence. We also look forward to the arrival of two new IP faculty members later this year.
We’re proud of the fact that our IP faculty and students continue to earn accolades for their achievements and innovations, and we have a number of exciting summer programs, new courses and conferences that we hope you will be able to join us for. Thank you for your support of the Franklin Pierce Center for IP and your good wishes for our success. "
IP Center’s Amicus Brief cited in SCOTUS decision
The amicus brief filed by the Franklin Pierce Center for IP to the US Supreme Court last summer in Golan v. Holder was cited in the majority opinion, written by Justice Ginsburg. According to IP Center director Mary Wong, “This case raised important issues about the extent to which copyright law facilitates freedom of expression. Our filing in support of the government’s position that Congress can legislate to remove certain foreign works from the public domain does not mean we do not believe in the importance of a robust public domain and strong free speech rights. Nonetheless, we believe that the Court reached the correct decision in this case, given the importance of compliance with our international treaty obligations. Although future challenges to the breadth of Congressional authority under the constitution’s patent and copyright clause will be difficult, they are not impossible.” For more information about the case and to read the Center’s brief, click here.
Welcome to Judge Gajarsa, our first Distinguished Jurist in Residence
Judge Arthur Gajarsa, who recently took senior status at the US Court of Appeals for the Federal Circuit, has joined UNH Law as the first Distinguished Jurist in Residence at the Franklin Pierce Center for Intellectual Property. He will be a key contributor to our ongoing efforts to enhance our practice-ready curriculum and an important strategic advisor in our plans to build the IP Center into a global hub for innovation.
Judge Gajarsa was appointed to the court by President Clinton in 1997. Prior to his appointment, he was a partner in the Washington, DC law firm of Joseph, Gajarsa, McDermott and Reiner. He has long been an adjunct professor at the Georgetown University Law Center, from which he received his JD. Judge Gajarsa will begin teaching at UNH Law in the fall.
On Tuesday, March 20, at 11:45 a.m., Judge Gajarsa will be giving a public talk on patent reform and the America Invents Act. To reserve a seat, please email IPCenter@law.unh.edu by March 17. This will be the first of three planned discussions on patent reform that Judge Gajarsa will be giving this year.
UNH Law names new IP faculty members
Two new faculty members will be joining the Franklin Pierce Center for IP this fall:
Jerry Liu will be joining us as a professor of law with a specialty in international IP, in particular the interaction among IP protection, technological innovation, and the development of cultural industries. He is currently completing his JSD degree at Stanford, where he has been an Olin Fellow in Law and Economics, a Microsoft Fellow in Intellectual Property and Antitrust, and a Stanford Program in International Legal Studies fellow. He also served as Senior Editor of the Stanford Technology Law Review.
Prior to his time at Stanford, Jerry earned a PhD in Jurisprudence at the Chinese Academy of Social Sciences in Beijing, as well as an LLM from the University of Washington School of Law. He has worked for both Baker & McKenzie and Jones Day in Shanghai and Hong Kong. Jerry has published widely in Chinese, U.S. and European journals.
Christopher Frerking will be joining us as a professor of law and the new director of our Patent Practice and Procedure program. A registered patent attorney, and specialist in international patent law, with over 14 years of patent prosecution experience, Chris has most recently been based in Munich, working as a partner in a German international IP firm.
He holds an LLM from the University of Cambridge and a JD from Santa Clara University School of Law. His background also includes both an MS and a BS in computer science, and eight years of experience at Lawrence Livermore National Laboratory.
IP Center launches Master Class Series
The Franklin Pierce Center for IP has launched an IP Master Class Series to bring in notable judges, practitioners and policy makers to teach intensive classes in IP specialty practice areas, with a particular focus on the latest developments in IP law and policy. The first two courses will be held this spring:
Current Issues in Copyright Practice: In this class, students will analyze recent U.S. Copyright Office policy changes, the various efforts underway to address them, and the role of the Copyright Office and other stakeholders in shaping appropriate solutions to current issues. The class is being taught by Christopher S. Reed (JD/LLM ’06), who is currently the Senior Advisor for Policy and Special Projects to the U.S. Register of Copyrights.
- Reexamination Proceedings and Post Grant Practice before the USPTO: In this class, students will assess client strategy and options for maximizing potential positive outcomes from the U.S. Patent Office reexamination and post grant practice procedures. The course will also examine upcoming additional post-grant review options created by the new America Invents Act. It will be taught by Michael B. Ray (JD ‘90), who is currently the Managing Partner at IP boutique firm Sterne Kessler Goldstein & Fox, the first non-founder to be named to the position.
Advancing Innovation in Argentina
This fall, UNH Law’s International Technology Transfer Institute (ITTI) returned to Argentina to conduct education and training sessions with the National Scientific and Technical Research Council (CONICET), the Argentine government agency that directs and coordinates most of the scientific and technical research done in the country’s universities and research institutes.
These sessions are part of a two-year program jointly facilitated by UNH Law’s Franklin Pierce Center for Intellectual Property and CONICET. In September 2010, Professors Stanley Kowalski, Karen Hersey, John Orcutt and Jon Cavicchi participated in a similar set of workshops and presentations with CONICET in Argentina. The 2011 sessions were conducted by Dr. Kowalski, ITTI’s director, and Kim Rosenfield, general counsel of the State University of New York Research Foundation, and covered topics ranging from developing institutional policies and patent database mining to the legal basis for technology transfer and the protection of genetic resources, biodiversity and traditional knowledge. Participants were drawn from a broad spectrum of Argentine lawyers, technology transfer officers, administrators, scientists and information specialists.
“ITTI is helping greatly to shape our Department of Property Transfer and Assets of CONICET and other institutions in Argentina, including INTA (National Institute for Agricultural Technology),” said Dr. Faustino Siñeriz, vice president of CONICET.
Also this fall, the ITTI Clinic, led by Professors Cavicchi and Kowalski, conducted a research project on Chagas disease vaccines and diagnostics. The disease affects 10 million people worldwide and is centered in Latin America, with Northern Argentina suffering particularly high infection rates. The research team’s goal was to assemble and analyze a detailed, global overview of patent information relevant to Chagas disease vaccines and and diagnostic technologies. Read more.
UNH Law becomes Patent and Trademark Resource Center
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, has designated the UNH School of Law Library as a Patent and Trademark Resource Center (PTRC). Our library is now part of a nationwide network of public, state and academic libraries designated as PTRC's and authorized by 35 U.S.C. sec. 12 to disseminate patent and trademark information and support the diverse intellectual property needs of the public.
UNH Law IP students continue to make their mark
For the third year in a row, UNH Law’s team to the Saul F. Leftkowitz Moot Court Competition on trademarks and unfair competition has won the awards for best brief and first place overall in the East region. Congratulations to 2Ls Anjie Vichayanonda and Jeff Larson, and coach 3L Nick Scala; Anjie and Jeff will be moving on to compete in the Nationals final on March 17.
As we do every year, UNH Law will also be sending teams to compete in a number of other IP moot court competitions, including the Giles S. Rich Memorial Moot Court Competition, the Cardozo/BMI Entertainment & Communications Law Moot Court Competition and the inaugural IP Transactional Lawyering Meet. We wish 3Ls Andrea Christensen, Christie Gallagher and Richard Peterson, and 2Ls Robert Hornung, Aaron Keller and Bradley Krul, our competitors in these major IP competitions, good luck and thank them for their commitment to our goal of continued leadership in IP education and training.
Recent IP faculty activity and achievements
Kudos to Professor Jon Cavicchi, who is also our IP Librarian, who has just published “Intellectual Property: A Global Directory of Acronyms and Abbreviations” with William S. Hein & Co. Hein describes him as “the global uber-meister of patent information searching and mining [and] a world leader in IP management for nearly two decades”, and in a recent review, the American Association of Law Libraries called the book a “refreshing but rare source” of useful reference information.
We also congratulate Professor Ann McCrackin, director of the Patent Practice and Procedure Program, on the recent release of the third edition of “Electronic and Software Patents: Law and Practice”, the patent specialty treatise she co-edits, jointly published by BNA Books and the AIPLA.
The National Law Journal recently profiled the amicus brief filed by our IP Amicus Clinic in the current Supreme Court case of United States v Alvarez. The case raises First Amendment issues regarding the criminalization of false speech under the Stolen Valor Act. Our brief, authored by Professors Susan Richey, John Greabe and Keith Harrison, offers an innovative argument anchored in trademark law: we suggest that the Court can decide the case on the basis that making a false claim about the Congressional Medal of Honor can be treated as a violation of the trademark in the Medal. Click here to read the brief.
2012 Summer Programs in IP: join us in China, Ireland, or Concord
Once again, UNH Law and the Franklin Pierce Center for IP are offering IP courses around the world, drawing
together the resources of our faculty and global partners to provide students and practitioners the chance to learn about the latest developments in IP law.
• The China Intellectual Property Summer Institute introduces major themes and issues in intellectual property law and practice in China, and provides a deeper understanding of the dynamic changes taking place in China's information economy. It will be held at Tsinghua University School of Law in Beijing, China, from July 9-July 29.
• The e-Law Summer Institute focuses on the emerging policy and law of the Information Age, and is designed as a critical learning experience for lawyers and law students to develop a fuller understanding and appreciation of the domestic and international aspects of this growing and evolving body of law. It will be held at University College Cork, Ireland from July 2-20. law.unh.edu/summer-study/ireland
• The Intellectual Property Summer Institute brings scholars, practitioners, government officials, and students to Concord, New Hampshire, to study the latest developments in intellectual property from May 21-June 20. Three specialized tracks of study are available, and students can earn Certificates in each of them: Entertainment & New Media, Intellectual Property Practice, or Technology & Business. law.unh.edu/summer-study/ip-summer-institute
In cooperation with the World Intellectual Property Organization (WIPO), the IP Center will hold the 14th Comprehensive Patent Cooperation Treaty (PCT) Seminar on April 27-28 in Concord. Geared toward patent specialists and law students seeking in-depth knowledge and understanding of the international patent law treaty that provides a unified procedure for patent filings in each of its contracting states, the seminar will include strategies for using the PCT as part of a comprehensive patent program and address recent changes to the PCT. Click here for more info.
On May 18, the IP Center will hold a conference in conjunction with UNH Law’s new Alumni College program, on “How will the America Invents Act affect Patent Litigation?” Speakers will include federal judges, leading patent litigators and academics. Chief Judge Randall R. Rader of the U.S. Court of Appeals for the Federal Circuit will be the closing keynote speaker. For more info, contact email@example.com.
Look out this fall for more new and exciting events and programs at the IP Center, including an IP scholars’ conference on “IP & the Constitution” and the inaugural Robert Shaw International IP Symposium, which we are launching in honor of the late founder of our Patent Practice and Procedure Program with the generous assistance of the Sughrue Mion law firm.
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