Friday, October 2

12:00pm

Lunch & Registration

The Newark Club*
One Newark Center
Newark, NJ (located adjacent to the Law School)

1:00pm

Welcome and Opening Remarks

Patrick E.  Hobbs, Dean,
Seton Hall University School of Law Auditorium 

1:30pm-3:00pm

First Concurrent Session

Panel 1
Room 270

Chair: Frank Pasquale
Seton Hall Law School

Panel 2
Room 271

Chair: David Opderbeck
Seton Hall Law School

Panel 3
Room 272

Chair: Gaia Bernstein
Seton Hall Law School

Raizel Liebler
John Marshall Law School

Abstract: Cutting the Gordian Knot: Possible Solutions to the Conflict between the Gift, Work-for-Hire and Market Models for Academic Work

M. Scott Boone
Appalachian School of Law

Abstract: Patent Injunctions: Speculating on the Future of Ebay

Branislav Hazucha
Hokkaido University School of Law

Abstract: Rokuraku Case and Television on Demand in Japan: Law, Market and the Role of Courts in Regulating New Technologies and Online Services

Paper: Rokuraku Case and Television on Demand in Japan: Law, Market and the Role of Courts in Regulating New Technologies and Online Services

Deborah Gerhardt
UNC School of Law

Abstract: An Empirical Study of U.S. Copyright Publication Cases

Paper: An Empirical Study of U.S. Copyright Publication Cases

Jay Kesan
University of Illinois College of Law

Abstract: A Study of the Role and Impact of Special Matter in Patent Cases

Paper: A Study of the Role and Impact of Special Masters in Patent Cases

Xuan-Thao Nguyen
SMU Dedman School of Law

Abstract:Shifting the Intellectual Property Paradigm? Weaker in the United States and Stronger in China

David Simon
Concordia University Chicago
Chicago-Kent College of Law

Paper: Teaching without Infringement: A New Standard for Educational Fair Use

Peter Yu
Drake University School of Law

Abstract:Intellectual Property Protection and the Crossover Point

3:00pm

Coffee Break
Atrium

3:15pm

Second Concurrent Session

Panel 1
Room 270

Chair: Erik Lillquist
Seton Hall Law School

Panel 2
Room 271

Chair: Jordon Paradise
Seton Hall Law School

Panel 3
Room 272

Chair: Gaia Berstein
Seton Hall Law School

Jason Du Mont
Chicago-Kent College of Law

Abstract:A Non-obvious Design: Rethinking the Origins of the Design Patent Standard

Derek Bambauer
Brooklyn Law School

Abstract: The Hacker’s Aegis: Protecting Software Security Research Against Intellectual Property
(co-authored with Oliver Day)

David (Jake) Barnes
Seton Hall University School of Law

Abstract:One Trademark Per Source

Sapna Kumar
University of Houston

Abstract: Federal Circuit Review of ITC Decisions

Paper: Expert Court, Expert Agency: Federal Circuit Review of ITC Patent Decisions

Glynn Lunney
Tulane Law School

Abstract:Copyright, Private Copying and Discrete Public Good

Davida Isaacs
University of Maryland Law School

Abstract: Can States Master a Domain Name: What are the Practical, Constitutional and Policy Ramifications of State Attempts to Seize Domain Names?

David Opderbeck
Seton Hall University School of Law

Abstract: Trade Secrets and Social Relations

Alina Ng
Mississippi College School of Law

Abstract: Taking Copyright Seriously: When Abridging Rights is Wrong

Paper: Taking Copyright Seriously: When Abridging Rights is Wrong

Jacqueline Lipton
Case Western Reserve University School of Law

Abstract: Bad Faith in Cyberspace: Grounding Domain Name Theory in Trademark, Property and Restitution

Sharon Sandeen
Hamline University School of Law/ Hofstra University School of Law

Abstract: Cloud Computing and Trade Secret Law

Marketa Trimble
Stanford Law School

Abstract: Setting Foot on Enemy Ground: Cease and Desist Letters, DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions

5:30pm

Buses depart Seton Hall Law School for Manhattan

7:00pm

Dinner, Manhattan

Double Crown
316 Bowery, New York

9:00pm

Buses depart Manhattan for Seton Hall Law

Saturday, October 3

8:30am

Breakfast
Atrium

9:00am

Third Concurrent Session

Panel 1
Room 270

Chair: David (Jake) Barnes
Seton Hall Law School

Panel 2
Room 271

Chair: Jordan Paradise
Seton Hall Law School

Panel 3
Room 272

Chair: Gaia Bernstein
Seton Hall Law School

Dotan Oliar
University of Virginia School of Law

Abstract: Secondary Fair Use

David Abrams
University of Pennsylvania

Abstract: Estimating the Innovative Response to Patent Duration in the Pharmaceutical Industry

Tun Jen Chiang
George Mason University

Abstract: An Administrative Cost Theory of Patentable Subject Matter

Frank Pasquale
Seton Hall University School of Law

Abstract: Beyond Competition and Innovation: The Need for Qualified Transparency in Internet Intermediaries

Kevin Outterson
Boston University School of Law

Abstract: The Legal Ecology of Resistance: The Role of Antibiotic Resistance In Pharmaceutical Innovoation

Oskar Liivak
Cornell Law School

Abstract: IP Reform Through Property

Paper: Reforming Intellectual Property Through Property

Zvi Rosen

Abstract: The Unwanted Copyrights: Labels and Commercial Prints 1874-1940

Paper: The Unwanted Copyrights: Labels and Commercial Prints 1874-1940

Andrew Torrance
University of Kansas School of Law

Abstract: Patenting People – Human Embryos, Genes, Physiology, and Thought as Intellectual Property

Jessica Silbey
Suffolk University Law School

Abstract: Comparative Tales of Origins and Access: A New Future for Intellectual Property

Irene Calboli
Marquette University Law School

Abstract: The Case for Trademark Merchandising

Liza Vertinsky
Emory University School of Law

Abstract: The Neglected Role of Patent Policy in Pandemic Preparedness

Peter Lee
UC Davis School of Law

Abstract: Patent Law and the Two Cultures

11:00am

Coffee Break
Atrium

11:15am

Fourth Concurrent Session

Panel 1
Room 270

Chair: Frank Pasquale
Seton Hall Law School

Panel 2
Room 271

Chair: Gaia Bernstein
Seton Hall Law School

Panel 3
Room 272

Chair: David Opderbeck
Seton Hall Law School

Dennis Karjala
Arizona State University

Abstract: Lessons from Computer Software for the Intellectual Property Protection of Biotech and Nanotech Innovation

Paper: Lessons from Computer Software for the Intellectual Property Protection of Biotech and Nanotech Innovation

Mark Lemley
Stanford Law School

Abstract: Extreme Values or Trolls on Top? Evidence from the Most Litigated Patents

Paper: Extreme Values or Trolls on Top? Evidence from the Most Litigated Patents

Molly Beutz Land
New York Law School

Abstract: Culture Conflicts and International Law

Chris Newman
George Mason University

Abstract: Copyright Infringement as Nuisance

David Olson
Boston College Law School

Abstract: Empirical Study of Identical Invention in Federal Circuit Cases

Daniel Benoliel
University of Haifa Faculty of Law

Paper: Towards an Intellectual Property Bargaining Theory: The Post-WTO Era
(co-authored with Bruno Salama)

Zahr Stauffer
University of Virginia School of Law

Abstract: Novels for Hire: Branded Entertainment, Copyright and the Law

Ted Sichelman
University of San Diego School of Law

Abstract: High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey

Katharina De La Durantaye
St. John’s University School of Law

Abstract: International Solutions to the Problem of Orphan Works

12:45pm

Lunch
Atrium

1:45pm

Fifth Concurrent Session

Panel 1
Room 270

Chair: David Opderbeck
Seton Hall Law School

Panel 2
Room 271

Chair: Jordan Paradise
Seton Hall Law School

Panel 3
Room 272

Chair: Gaia Bernstein
Seton Hall Law School

Leah Chan Grinvald
Saint Louis University School of Law

Abstract: A Well-Known Mark Carol: Moving Beyond the Spirits of Our Trademark Past

Irina Manta
Case Western Reserve University School of Law

Abstract: The Puzzle of Criminal Sanctions for Intellectual Property Infringement

Laura A. Heymann
College of William & Mary – Marshall-Wythe School of Law

Abstract: Naming, Identity and Trademark Law

Dennis Crouch
University of Missouri School of Law

Abstract: Is Novelty Obsolete?: Chronicling the Irrelevance of The Invention Date in US Patent Law

Michael Meurer
Boston University School of Law

Abstract: Notice Externalities

William McGeveran
University of Minnesota Law School

Abstract: The Trademark Fair Use Reform Act

Deven Desai
Thomas Jefferson School of Law
Spencer Waller
Loyola University, Chicago School of Law

Abstract: The Law of the Brand

Amelia Rinehart
Florida State University

Abstract: Contracting Patents: A Modern Patent Exhaustion Doctrine

Dotan Oliar & Rich Hynes
University of Virginia School of Law

Abstract: Transfers in Trademark Law

3:15pm

Conclusion of Conference

*All sessions will be held at Seton Hall University School of Law, located at One Newark Center, Newark, New Jersey (at the intersection of Raymond Boulevard and McCarter Highway) unless otherwise noted.