Past Symposia

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2014 Symposia: Privacy Challenges in the Internet Age

Privacy Challenges in the Internet Age

Friday, April 11, 2014 9:30 AM – 3:30 PM

Videos from the symposium are now available!

Panel 1: Electronic Communications Privacy Act Reform: http://stanford.io/1l8RaZR
Panel 2: Internet Torts & Cybercrime: http://stanford.io/P5Paa5
Panel 3: California Online Privacy Protection Act: http://stanford.io/1r0MIxT


Jump to: General Information | Registration | Conference Schedule | Directions


This symposium addressed privacy challenges and legislative issues in the digital age. Topics included the impact of the 2013 California Online Privacy Protection Act, Internet torts and cybercrimes, and the recent push by Internet activists and industry to reform the federal Electronic Communications Privacy Act.

CLE Credit: This activity is currently pending approval with the State Bar of California for 4.5 hours of CLE credit.

Registration

Registration is now closed.  For information on our 2015 symposium and our current articles please subscribe to our list by sending an email to stlr-editors@lists.stanford.edu with the word “Subscribe” in the subject. 

Schedule

8:30 AM: Registration and Breakfast (1st Floor Breezeway)
9:30 AM: Panel 1 – Electronic Communications Privacy Act Reform  (Room 290) Moderator-Panelist: Susan Freiwald, Professor, University of San Francisco Panelist: Mark Jaycox, Legislative Analyst, Electronic Frontier Foundation Panelist: Nicole Jones, Law Enforcement and Information Security Counsel, Google Panelist: Dominique R. Shelton, Partner, Alston & Bird
11:00 AM: Panel 2 – Internet Torts & Cybercrimes (Room 290) Moderator: Phil Malone, Director, Stanford Law School Juelsgaard IP & Innovation Clinic Panelist: Eric Goldman, Professor, Santa Clara University Panelist: Erica T. Johnstone, Attorney, Ridder, Costa & Johnstone LLP Panelist: Marc J. Randazza, Attorney, Randazza Legal Group
12:30 PM: Lunch Break (Crocker Garden)
2:00 PM: Panel 3 – California Online Privacy Protection Act (Room 290) Moderator: Aleecia McDonald, Director of Privacy, Center for Internet and Society Panelist: Françoise Gilbert, Managing Director, IT Law Group Panelist: Joanne McNabb, Director of Privacy Education & Policy, CA Attorney General’s Office Panelist: Nicole Ozer, Technology and Civil Liberties Director, ACLU of Northern California

For panelist biographies and a description of the panels click here.

Directions & Parking

The Symposium will take place at Stanford Law School.

Visitor parking is available at Parking Structure 6 (off of Campus Drive between Wilbur Way and Arguello Mall). For other parking options, see Stanford University Parking & Transportation Services.

Maps and directions to Parking Structure 6 and Stanford Law School are available below.

From San Francisco via Highway 280

  1. Take 280 South in the direction of San Jose.
  2. Proceed to the Alpine Road exit (after Sand Hill Road).
  3. Turn left on Alpine Road.
  4. Turn right at the first traffic light onto Junipero Serra Boulevard.
  5. Turn left at the second traffic light onto Campus Drive East. (The first traffic light is Campus Drive West).
  6. Turn left onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  7. Turn left at the stop sign; the entrance to the parking garage is on the right.
  8. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Francisco via Highway 101

  1. Take 101 South in the direction of San Jose/Los Angeles.
  2. Proceed to the Embarcadero/Oregon Expressway exit.
  3. Follow the signs to Embarcadero West/Stanford University.
  4. Stay on Embarcadero for approximately two miles.
  5. After crossing El Camino Real, Embarcadero will become Galvez.
  6. Stay in the left lane, proceeding straight into campus. (The stadium will be on the left).
  7. Turn left at the first stop sign after the stadium onto Campus Drive.
  8. Proceed approximately 3/4 mile to Bowdoin St.
  9. Turn right onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  10. Turn left at the stop sign; the entrance to the parking garage is on the right.
  11. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Jose via Highway 280

  1. Take 280 North in the direction of San Francisco.
  2. Proceed to the Page Mill Road exit, turning right onto Page Mill Road at the end of the off-ramp.
  3. At the second traffic light, turn left onto Junipero Serra Boulevard.
  4. Proceed approximately one mile to the traffic light at Campus Drive East.
  5. Turn right onto Campus Drive.
  6. Turn left onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  7. Turn left at the stop sign; the entrance to the parking garage is on the right.
  8. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Jose via Highway 101

  1. Take 101 North in the direction of San Francisco.
  2. Proceed to the Embarcadero/Oregon Expressway exit.
  3. Follow the signs to Embarcadero West/Stanford University.
  4. Stay on Embarcadero for approximately two miles.
  5. After crossing El Camino Real, Embarcadero will become Galvez.
  6. Stay in the left lane, proceeding straight into campus. (The stadium will be on the left).
  7. Turn left at the first stop sign after the stadium onto Campus Drive.
  8. Proceed approximately one mile to Bowdoin St.
  9. Turn right onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  10. Turn left at the stop sign; the entrance to the parking garage is on the right.
  11. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

Maps, Lodging & Contact Information

Maps of the Stanford Campus are available at the following locations:

2013 Symposium: Copyright in the Digital Age

Jump to: General Information | Recordings | Conference Schedule | Panelist Bios


“Copyright in the Digital Age” was the 16th annual Stanford Technology Law Review symposium (STLR). STLR is an innovative forum for intellectual discourse on critical issues at the intersection of law, science, technology, and public policy. This symposium focused on digital copyright challenges with three 1.5-hour panels.

This year’s symposium featured the following three panels: a panel on sampling, mixes, and mashups; a panel discussion on the moral rights of digital copyright (and what the US has done to approximate it); and a panel on social media and digital copyright.

CLE Credit: The Stanford Technology Law Review certifies that the State Bar of California approved this activity for 4.5 hours of CLE credit.


Unable to attend?

The video recordings of these dynamic panels are now available for viewers to access:

Panel 1 – Social Media
Panel 2 – Moral Rights
Keynote – Professor Michael Carroll
Panel 3 – Sampling, Mixes, & Mashups


Schedule

9:00 AM: Registration and Breakfast, Law Lounge, Stanford Law School
10:30 AM: Panel 1 – Social Media  (Room 290) Moderator: Julie Ahrens, Director of Copyright and Fair Use, Stanford Center for Internet and Society Panelists: Carl Johnson, Copyright Director, Brigham Young University Lila Bailey, Clinic Teaching Fellow, Berkeley Law
12:00 PM: Lunch break and Keynote (Complimentary Sandwiches in 290) Keynote:Michael Carroll, Professor, American University, Director of Program on Informational Justice and Intellectual Property
1:30 PM: Panel 2 – Moral Rights (Room 290) Moderator: Ilhyung Lee, Professor, University of Missouri School of Law Panelists:Molly S. Van Houweling, Faculty Director, Berkeley Center for Law & Technology Tyler Ochoa, Professor, Santa Clara Law Allison Akbay, Cantor Center for the Arts
3:15 PM: Panel 3 – Sampling, Mixes, & Mashups (Room 290) Moderator:Peter Menell, Professor, Berkeley Law Panelists:John Polito, Associate, Bingham McCutchen Madhavi Sunder, Professor , UC Davis School of Law Solarz & Guzie, ROCK-IT! SCIENTISTS
5:00 PM: Reception (Law Lounge)

Panelist Bios

Julie Ahrens, Director of Copyright and Fair Use, Stanford Center for Internet and Society Julie is the Director of Copyright and Fair Use. She represents writers, filmmakers, musicians, and others who rely on fair use in creating their art, documentaries, scholarship, critiques, or comments. Before joining Stanford, Julie was a litigation attorney in the San Francisco office of Kirkland & Ellis LLP, where, among other matters, she was the lead attorney defending the musician and electronic composer, BT, in a copyright infringement case in the Southern District of New York. She has litigated a variety of matters in the state and federal courts of California and New York.

Carl Johnson, Copyright Director, Brigham Young University Carl Johnson is the Director of the University Copyright Licensing Office at Brigham Young University (BYU). Mr. Johnson advises the University on copyright compliance issues; is the designated agent under the DMCA for receiving copyright infringement notices; manages a staff for obtaining licenses and is responsible for educating the University community on their rights and responsibilities under the copyright law.

Mr. Johnson has authored articles on copyright and related issues. He has also given presentations addressing copyright/licensing issues for the Visual Resources Association; Educause; International Association for Language Learning and Technology; participated in a discussion group addressing copyright education with the Association of Research Libraries; and given many presentations to groups in higher education and related entities. Mr. Johnson has been guest lecturer in university technology, humanities, education, communication and law courses. He is a member of the Visual Resources Association Intellectual Property Committee and a number of university wide copyright/intellectual property policy committees.

Lila Bailey, Clinic Teaching Fellow, Berkeley Law Lila Bailey ’05 joined Berkeley Law in 2011 as a Clinical Teaching Fellow in the Samuelson Law, Technology & Public Policy Clinic. She came to the Clinic from The William and Flora Hewlett Foundation, where she worked in the Education Program on Open Educational Resources (OER)—high-quality educational materials provided freely under a flexible copyright license that allows anyone, anywhere, to access, customize, and share those resources via the Internet.

Prior to her work at the Hewlett Foundation, Bailey was in-house counsel for Creative Commons, a non-profit organization that offers open copyright licenses. While there, she provided legal and programmatic advice within the organization and educated the public about the use and benefits of Creative Commons licenses, especially in the area of education. Before going in-house, Bailey was an associate at Wilson, Sonsini, Goodrich & Rosati where she worked on Intellectual Property litigation and strategic counseling matters for Silicon Valley technology companies and start-ups. Bailey also held an Intellectual Property Fellowship with the Electronic Frontier Foundation in 2007.

Michael Carroll, Professor, American University, Director of Program on Informational Justice and Intellectual PropertyMichael W. Carroll joined the Washington College of Law faculty in 2009 after visiting during the 2008-09 academic year. He previously was a member of the faculty of the Villanova University School of Law. He teaches and writes about intellectual property law and cyberlaw. Prior to entering the academy, he served as a law clerk to Judge Judith W. Rogers, U.S. Court of Appeals for the D.C. Circuit, and Judge Joyce Hens Green, U.S. District Court for the District of Columbia. He practiced law at Wilmer, Cutler & Pickering in Washington, D.C. He is a graduate of the Georgetown University Law Center and the University of Chicago.

Professor Carroll’s research focuses on the search for balance in intellectual property law over time in the face of challenges posed by new technologies. He also acts on his ideas. He is a founding member of Creative Commons, Inc., a global organization that provides free, standardized copyright licenses to enable and to encourage legal sharing of creative and other copyrighted works. He also is on the sub-group of Board Members who advise the organization’s Science Commons division and its education division, ccLearn. Ilhyung Lee, Professor, University of Missouri School of LawProfessor Ilhyung Lee has interests in the fields of intellectual property, international and comparative law, international dispute resolution, and law and society in East Asia (Korea focus). He teaches Copyright, Trademarks, Public International Law, Comparative Constitutional Law, International Commercial Arbitration, Cross-cultural Dispute Resolution, and Sports Law. Professor Lee has taught at Waseda University Faculty of Law, in Tokyo, Japan as a Fulbright Scholar, and also at the Tokyo University of Science, Master of Intellectual Property Program. He teaches the cross-cultural dispute resolution subject as adjunct faculty at Pepperdine University School of Law, Straus Institute for Dispute Resolution, and Cornell University, School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution. A Senior Fellow at the Law School’s Center for the Study of Dispute Resolution, Professor Lee is included in the roster of neutrals for the Court of Arbitration for Sport (Mediators List), the International Centre for Dispute Resolution, the Korean Commercial Arbitration Board, USA Track & Field, the U.S. District Court for the Eastern District of Missouri, the University of Missouri Campus Mediation Service, and the World Intellectual Property Organization (WIPO). He has issued a number of decisions as a panelist in domain name disputes administered by WIPO. He is also a member of the National Sports Law Institute and the Sports Lawyers Association. Professor Lee’s private practice experience includes positions at Cravath, Swaine & Moore (New York) and Kim & Chang (Seoul, Korea). Previously, he was law clerk to the Honorable Joseph F. Weis, Jr., of the U.S. Court of Appeals for the Third Circuit. As a law student, he was an articles editor on the law review, and graduated with Order of the Coif honors.

Molly S. Van Houweling, Faculty Director, Berkeley Center for Law & Technology Molly Shaffer Van Houweling joined the Boalt faculty in fall 2005 from the University of Michigan Law School, where she had been an assistant professor since 2002. Van Houweling’s teaching and research interests include intellectual property, law and technology, property, and food law. She was a visiting professor at Boalt in 2004-05.

Before joining the Michigan faculty, Van Houweling was president of Creative Commons, a nonprofit group that facilitates sharing of intellectual property. Van Houweling has also served as senior adviser to the president and board of directors of the Internet Corporation for Assigned Names and Numbers, the entity that oversees the Internet Domain Name System. She has been a research fellow at the Berkman Center for Internet & Society at Harvard Law School and at the Center for Internet and Society at Stanford Law School. Van Houweling clerked for Judge Michael Boudin of the U.S. Court of Appeals for the 1st Circuit and Justice David H. Souter of the U.S. Supreme Court.

Tyler Ochoa, Professor, Santa Clara Law Professor Ochoa is a recognized expert in copyright law and rights of publicity. He joined the Santa Clara University School of Law faculty in 2003, and he served as Academic Director of the High Technology Law Institute for the 2005-2006 academic year. Prior to joining Santa Clara Law, Professor Ochoa served as a professor and co-director of the Center for Intellectual Property Law at Whittier Law School. He has also served as a clerk for the Honorable Cecil F. Poole of the U.S. Court of Appeals for the Ninth Circuit and as an associate with the law firm of Brown & Bain in Palo Alto, California, where he specialized in copyright and trade secret litigation involving computer software. He is also a two-time “Jeopardy!” champion and a champion on “Win Ben Stein’s Money”.

Peter Menell, Professor, Berkeley Law After graduating from law school, Peter Menell clerked for Judge Jon O. Newman of the U.S. Court of Appeals for the 2nd Circuit. He joined the Boalt faculty in 1990 and co-founded the Berkeley Center for Law & Technology in 1995, where he serves as a director. Menell has visited at Harvard Law School and Stanford Law School. He has organized more than three dozen intellectual property education programs for the Federal Judicial Center since 1998.

John Polito, Associate, Bingham McCutchen John Polito’s practice focuses on intellectual property litigation and copyright counseling. John has represented plaintiffs and defendants in copyright, computer fraud, Freedom of Information Act (FOIA), trademark and unfair competition matters. John has worked extensively with computer scientists, computer forensics specialists, economists, statisticians and other industry experts. He has counseled technology and media companies on the creation, acquisition, maintenance and licensing of copyright portfolios.

As a former software engineer, John has particular experience with enterprise software development, analytics and data profiling, computer security, and artificial intelligence. John also maintains an active pro bono practice, most recently gaining asylum for an LGBT youth who fled home-country persecution.

Madhavi Sunder, Professor, UC Davis School of Law Professor Sunder is a leading scholar of law and culture. She was named a Carnegie Scholar in 2006 and has been a Visiting Professor of Law at the Yale Law School, the University of Chicago Law School, and Cornell Law School. Her work traverses numerous legal fields, from intellectual property to human rights law and the First Amendment. She is a graduate from Stanford Law School.

Solarz & Guzie, ROCK-IT! SCIENTISTS The ROCK-IT! SCIENTISTS, are a west-coast DJ/Production tandem that first exploded onto the scene in 2006. In the past few years, with their rise as both DJs and Music Producers, the ROCK-IT! SCIENTISTS have catapulted themselves to the top echelon of DJs. They hold residencies in San Francisco, Las Vegas, Atlantic City and even internationally in the Dominican Republic, Canada, China & Taiwan. Thanks in part to their celebrity DJ status and larger-than-life remixes, the ROCK-IT! SCIENTISTS are now a household name for both live performances and stellar production.

The pair are a non-stop high-energy duo that is notorious for filling up dancefloors. Musically, their sets are filled with exclusive one of a kind remixes of crowd favorites with their own signature touch. Reworking such artists as Kanye West, Rihanna, Rage Against the Machine, LMFAO and countless others, their remixing takes a so-so track and transforms it into an in-your-face club anthem. Even artists such as Far East Movement, Martin Solveig, J. Cole and Wynter Gordon have called upon the remixing talents of the Rock-It! Scientists for official label releases. With their prolific production schedule, the ROCK-IT! SCIENTISTS amass plenty of fodder for a yearly mix release. Appropriately named, these “Blast Off” mixes take the Open Format mix CD and raise the bar to Stratospheric heights. Focusing on a tracklist composed of entirely Rock-It! Scientists bootlegs & official releases, the mixes are regarded among their DJ peers and fans alike as “the best CDs they’ve ever heard.” As if breaking new ground in one genre wasn’t enough, in 2011 the ROCK-IT! SCIENTISTS introduced a new mix series: Sounds of Science. These mixes feature an all electronic/house music base, but still offer that signature “ROCK-IT” sound & creativity. Both mix series have received critical acclaim from RemixReport.com.

 

2012 Symposium: First Amendment Challenges in the Digital Age

Jump to: General Information | Registration | Conference Schedule | Directions
 


The Symposium, co-sponsored by Stanford’s Center for Internet and Society, took place on Friday, February 10, 2012. Scholars and noted practitioners from across the country joined STLR to discuss current and emerging issues in First Amendment law and the Internet.

The text of Marvin Ammori’s talk is presentation here. An online colloquium on this talk took place at Concurring Opinions.

Unable to attend? The audio recordings of these dynamic panels are now available for listeners to access:

Panel 1 – Taking Forgetting Seriously
Panel 2 – First Amendment Architecture
Panel 3 – PROTECT IP/SOPA

Video recordings are also available:

Panel 1 – Taking Forgetting Seriously
Panel 2 – First Amendment Architecture
Panel 3 – PROTECT IP/SOPA

CLE Credit: The Stanford Technology Law Review certifies that this activity for 3 hours of CLE credit was approved by the State Bar of California for the First Amendment Architecture panel and the Protect IP/SOPA panel.

Registration

There has been overwhelming interest in this year’s Symposium and we have reached our capacity. Registration is now closed.

Schedule

10:00 AM: Registration, Stanford Law School
10:30 AM: Panel 1 – Taking Forgetting Seriously (Room 190)
Moderator: James Temple, Reporter, San Francisco Chronicle
Panelists:
Franz Werro, Professor, Georgetown Law;
Dr. Lothar Determann, Partner, Baker & McKenzie;
Patrick Ryan, Policy Counsel, Open Internet, Google;
Michael Fertik, Founder and CEO, Reputation.com
12:00 PM: Lunch break (Complimentary Sandwiches in the Law Lounge)
1:30 PM: Panel 2 – First Amendment Architecture (Room 190)
Presenter: Marvin Ammori, Stanford Law School CIS Affiliate
Discussants:
Yochai Benkler, Professor, Harvard Law School, and Co-Director, Berkman Center for Internet and Society;
Lillian BeVier, Professor, University of Virginia Law
3:15 PM: Panel 3 – PROTECT IP/SOPA (Room 190)
Moderator: Declan McCullagh, Chief Political Correspondent, CNET
Panelists:
Corynne McSherry, Intellectual Property Director, Electronic Frontier Foundation;
Mike Masnick, Editor, Techdirt Blog;
Betsy Zedek, Senior Counsel, Content Protection, Fox Group Legal
A.J. Thomas, Partner, Jenner & Block
5:00 PM: STLR’s 15th Anniversary Reception (Neukom Building Faculty Lounge)
Co-sponsored by the Palo Alto offices of Morrison Foerster and Baker & McKenzie.

Directions & Parking

The Symposium will take place at Stanford Law School.

Visitor parking is available at Parking Structure 6 (off of Campus Drive between Wilbur Way and Arguello Mall). For other parking options, see Stanford University Parking & Transportation Services.

Maps and directions to Parking Structure 6 and Stanford Law School are available below.

From San Francisco via Highway 280

  1. Take 280 South in the direction of San Jose.
  2. Proceed to the Alpine Road exit (after Sand Hill Road).
  3. Turn left on Alpine Road.
  4. Turn right at the first traffic light onto Junipero Serra Boulevard.
  5. Turn left at the second traffic light onto Campus Drive East. (The first traffic light is Campus Drive West).
  6. Turn left onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  7. Turn left at the stop sign; the entrance to the parking garage is on the right.
  8. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Francisco via Highway 101

  1. Take 101 South in the direction of San Jose/Los Angeles.
  2. Proceed to the Embarcadero/Oregon Expressway exit.
  3. Follow the signs to Embarcadero West/Stanford University.
  4. Stay on Embarcadero for approximately two miles.
  5. After crossing El Camino Real, Embarcadero will become Galvez.
  6. Stay in the left lane, proceeding straight into campus. (The stadium will be on the left).
  7. Turn left at the first stop sign after the stadium onto Campus Drive.
  8. Proceed approximately 3/4 mile to Bowdoin St.
  9. Turn right onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  10. Turn left at the stop sign; the entrance to the parking garage is on the right.
  11. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Jose via Highway 280

  1. Take 280 North in the direction of San Francisco.
  2. Proceed to the Page Mill Road exit, turning right onto Page Mill Road at the end of the off-ramp.
  3. At the second traffic light, turn left onto Junipero Serra Boulevard.
  4. Proceed approximately one mile to the traffic light at Campus Drive East.
  5. Turn right onto Campus Drive.
  6. Turn left onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  7. Turn left at the stop sign; the entrance to the parking garage is on the right.
  8. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Jose via Highway 101

  1. Take 101 North in the direction of San Francisco.
  2. Proceed to the Embarcadero/Oregon Expressway exit.
  3. Follow the signs to Embarcadero West/Stanford University.
  4. Stay on Embarcadero for approximately two miles.
  5. After crossing El Camino Real, Embarcadero will become Galvez.
  6. Stay in the left lane, proceeding straight into campus. (The stadium will be on the left).
  7. Turn left at the first stop sign after the stadium onto Campus Drive.
  8. Proceed approximately one mile to Bowdoin St.
  9. Turn right onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  10. Turn left at the stop sign; the entrance to the parking garage is on the right.
  11. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

Maps, Lodging & Contact Information

Maps of the Stanford Campus are available at the following locations:

2011 Symposium: Secondary and Intermediary Liability on the Internet

Jump to: General Information | Conference Schedule
 


The Symposium took place on Thursday, March 3, 2011. Over 100 scholars and noted practitioners from across the country joined STLR to discuss current and emerging issues in secondary and intermediary liability on the Internet. Panels focused on three areas of the law: Trademark, Copyright, and Privacy.

For one moderator’s insights into the Symposium, please visit Eric Goldman’s blog.

Unable to attend? The audio recordings of these dynamic panels are now available for listeners to access:

Panel 1 – Emerging Issues of Secondary Liability in Copyright Law
Panel 2 – Emerging Issues of Secondary Liability in Trademark Law
Panel 3 – Emerging Issues of Intermediary Liability in Privacy: Does Self-Regulation Work?

Video recordings are also available:

Panel 1 – Emerging Issues of Secondary Liability in Copyright Law
Panel 2 – Emerging Issues of Secondary Liability in Trademark Law
Panel 3 – Emerging Issues of Intermediary Liability in Privacy: Does Self-Regulation Work?

CLE Credit: The Stanford Technology Law Review certifies that this activity for 3 hours of CLE credit was approved by the State Bar of California. The event was also approved for 3 hours of New York CLE credit under New York’s Approved Jurisdiction Policy.

Schedule

9:30 AM: Registration, Stanford Law School
10:15 AM: Panel 1 – Emerging Issues of Secondary Liability in Copyright Law
Moderator: Prof. Paul Goldstein, Stanford Law School
Panelists: Prof. Peter Menell, Berkeley Law;
Prof. R. Anthony Reese, UC Irvine School of Law;
Jacqueline Charlesworth, Pryor Cashman LLP;
Fred von Lohmann, Google;
Julie Martin, Mozilla
12:00 PM: Lunch break
1:30 PM: Panel 2 – Emerging Issues of Secondary Liability in Trademark Law
Moderator: Prof. Eric Goldman, Santa Clara Law
Panelists: Prof. Stacey Dogan, Boston University School of Law;
Prof. Mark McKenna, University of Notre Dame Law School;
Mike Page, Durie Tangri;
David Bernstein, Debevoise & Plimpton LLP;
Prof. Christopher Sprigman, University of Virginia School of Law
3:15 PM: Coffee with Panelists
4:15 PM: Panel 3 – Emerging Issues of Intermediary Liability in Privacy: Does Self-Regulation Work?
Moderator: Ryan Calo, Stanford Law School
Panelists: Marc Rotenberg, Executive Director, EPIC;
Prof. Paul Ohm, University of Colorado Law School;
Jim Harper, Director of Information Policy Studies, Cato Institute
5:30 PM: End of Day

2010 Symposium: PTO Reform

The 2010 Symposium took place on Friday, February 26 at Stanford Law School. The Stanford Technology Law Review thanks all participants and guests for making the event a success. The Symposium articles will be posted to this site in the near future.

Jump to: General Info. | Authors | Commentators | Directions | Registration | Schedule
 


The Symposium took place on February 26, 2010, and showcased vibrant legal scholarship on the current role of the PTO, the various avenues for change, and the implications of any reform efforts. Current scholarship plays an essential role in expanding the legal thinking on the extent to which the PTO is the proper vehicle for enacting patent reform. The Symposium featured scholars, practitioners, and current and former PTO personnel all sharing their perspectives, concerns, and thoughts. Our goal was to create a comprehensive dialogue on this pressing topic, and to foster the development of creative new ideas.

We envisioned a Symposium with sufficient breadth of scope to address the most exciting issues emerging in this field, including the following issues:

  • “Quality” and “Pendency”: Drilling Down to “Backlog,” “Deferred Examination,” “Patent Worksharing” and Other Integers to Achieve Primary Goals by Hal Wegner
  • The Role of Applicant Incentives in Patent Office Reform by Dennis Crouch
  • Patent Examination Policy and the Social Costs of Examiner Allowance and Rejection Errors by Ron Katznelson
  • Examiner Characteristics and the Patent Grant Rate by Mark Lemley & Bhaven Sampat

Our goal was to create a comprehensive dialogue on PTO Reform and to foster the development of creative new ideas.

Authors

Hal Wegner is a partner in the international law firm of Foley & Lardner LLP, where he is actively engaged in cutting edge domestic and international patent issues. Domestically, Prof. Wegner focuses upon appellate patent issues as well as reexamination and other complex matters at the U.S. Patent and Trademark Office. Globally, Prof. Wegner crafts strategies for multinational and particularly Chinese and Japanese patent enforcement and management.

Prof. Wegner is the former director of the Intellectual Property Law Program at the George Washington University Law School, where he had been a professor of law; he continues his affiliation with George Washington as member of the Dean’s Advisory Board. He has been a visiting professor at Tokyo University and spent several years as a Mitarbeiter at the Max Planck Institute for Intellectual Property Law in Munich followed by service as a Kenshuin at the Kyoto University Law Faculty.

Prof. Wegner was selected by his peers for inclusion in The Best Lawyers in America® 2010 in the field of intellectual property law.

Prof. Wegner holds degrees from Northwestern University (B.A.) and the Georgetown University Law Center (J.D.). He started his career as a patent examiner. In 1980 he founded his own law firm; in 1994 he merged his practice into the Foley firm.

Dennis Crouch is Associate Professor of Law at the University of Missouri School of Law. Prior to joining the MU Law Faculty, he was a patent attorney at McDonnell Boehnen Hulbert & Berghoff LLP in Chicago, Illinois, and taught at Boston University Law School. He has worked on cases involving various technologies including computer memory and hardware, circuit design, software, networking, mobile and internet telephony, automotive technologies, lens design, bearings, HVAC systems, and business methods. He is also the editor of the popular patent law weblog: Patently-O .

Professor Crouch received his BSE in mechanical engineering cum laude from Princeton University, where he also earned a certificate in engineering management systems. He then earned his JD cum laude from the University of Chicago Law School. While at the University of Chicago, he was a Microsoft, Merck, & Pfizer scholar and a member of the Olin program in law and economics.

Prior to attending law school, Professor Crouch worked as a technical consultant for manufacturing firms in New England, as a research fellow at NASA’s Glenn Research Center, as a software developer at the Mayo Clinic’s department of biomedical imaging, and as a Peace Corps Volunteer in Ghana, West Africa. Dennis Crouch grew up on a farm near Pittsburg, Kansas.

Ron Katznelson has over 25 years experience in intellectual property rights protection as an inventor (with 22 U.S. Patents), technology developer, entrepreneur and a scholar of the patent system. He is the Founder and President of Bi-Level Technologies, a signal processing technology company in Encinitas, CA. Prior to that he founded and led Broadband Innovations, a digital RF component company, as its Chief Technology Officer and Chairman. From 1983 to 1989, he was with the VideoCipher Division at Linkabit Corp., later acquired by General Instrument Corp. where he directed digital television R&D that led to the MPEG-2 standard. His responsibilities included managing the Division’s intellectual property portfolio, working with outside counsel on patent litigation, and representation in industry groups and standard-setting organizations. From 1982 to 1985, Dr. Katznelson was a Professor of Electrical Engineering at the University of California, San Diego (UCSD). He is a member of the San Diego IP Law Association, CONNECT’s Public Policy Committee, and serves on the UCSD LibraryAdvisory Board.

Mark Lemley is Faculty Director of the Stanford Program in Law, Science & Technology, Director of the LLM Program in Law, Science & Technology and Faculty Co-Director of the Transatlantic Technology Law Forum. Professor Lemley is widely recognized as a preeminent scholar of intellectual property law. He is also an accomplished litigator–having litigated cases before the U.S. Supreme Court, the California Supreme Court, and federal circuit courts–as well as a prolific writer with more than 100 published articles and six books. He has testified numerous times before Congress, the California legislature, the Federal Trade Commission, and the Antitrust Modernization Commission on patent, trade secret, antitrust, and constitutional law matters. He is also a partner and founder in the firm Durie Tangri LLP. His contributions to legal scholarship focus on how the economics and technology of the Internet affect patent law, copyright law, and trademark law; and at Stanford he currently acts as the director of the Program in Law, Science & Technology, and the director of the LLM Program in Law, Science & Technology.

Before joining the Stanford Law School faculty in 2004, he was a professor of law at the UC Berkeley School of Law (Boalt Hall) and at the University of Texas School of Law. He also served as counsel at Fish & Richardson and Brown & Bain as well as clerked for Judge Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit.

Professor Lemley holds a B.A., with distinction, from Stanford University and a J.D. from the University of California, Berkeley School of Law (Boalt Hall).

Bhaven Sampat, PhD, is an assistant professor in the Department of Health Policy and Management and (by courtesy) in the School of International and Public Affairs at Columbia University, and also teaches in the Sustainable Development PhD program at Columbia’s Earth Institute.

An economist by training, Sampat is centrally interested in issues at the intersection of health policy and innovation policy. His current projects examine the impacts of new global patent laws on innovation and access to medicines in developing countries, the political economy of the National Institutes of Health, the roles of the public and private sectors in pharmaceutical innovation, and institutional aspects of patent systems. Dr. Sampat has also written extensively on the effects of university patenting and “entrepreneurship” on academic medicine, and is actively involved in policy debates related to these issues. He co-created the first free, searchable database of post–TRIPs patent applications in India, india.bigpatents.org. (See here for background on this effort.)

Dr. Sampat was previously an Assistant Professor at the School of Public Policy at Georgia Tech, where he won the “Faculty Member of the Year” teaching award in 2001-2 and in 2002-3. From 2003 to 2005 he was a Robert Wood Johnson Foundation Scholar in Health Policy Research at the University of Michigan.

He is recipient of a Robert Wood Johnson Foundation “Investigator Award” to study how the NIH allocates its funds across disease areas. (See here, here, and here for more information.) He also serves as principal investigator on a Ford Foundation initiative examining patent policy in developing countries, and as director of the Columbia-Stanford Consortium on biomedical innovation.

Commentators

Chris Byrne is Vice President for Intellectual Property Strategy for Tessera Technologies, Inc., in San Jose, CA. Chris has degrees in electrical engineering, psychology and law and is a USPTO registered patent attorney. Chris began his intellectual property career with Hewlett-Packard and subsequently has held the top IP position at 5 public high-tech companies. He has complete leadership experience in 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 Copy Act as IP Chair of the Information Technology Industry Council (http://www.itic.org). Chris is also a board member emeritus and past-president of the Churchill Club, Silicon Valley’s premier business and technology speakers’ forum (www.churchillclub.org). He has also been a charter member and was a founding co-chair of the clean-tech section of TiE-Silicon Valley, the organizational hub of the world’s foremost global network of entrepreneurs (http://sv.tie.org/homepage). Alongside his IP career, Chris has been an active angel investor, particularly in new-media and clean-tech.

Colleen Chien is an Assistant Professor of Law at Santa Clara Law. She teaches and researches in the areas of patent law and international intellectual property law, with an emphasis on empirical research and access to technology issues. Her recent publications include in-depth empirical studies of patent litigation & NPEs and litigation at the International Trade Commission. She frequently speaks at national conferences on patent law and policy issues. Prior to Professor Chien’s academic appointment, she prosecuted patents at Fenwick & West LLP in San Francisco, California, where she remains Special Counsel, and was a Fellow at the Center for Law and the Biosciences at Stanford Law School. She worked as an investigative journalist at the Philippine Center for Investigative Journalism as a Fulbright Scholar.

John Duffy is the Oswald Symister Colclough Research Professor of Law at The George Washington University Law School. Professor Duffy teaches and writes about patent and intellectual property law. After receiving an undergraduate degree in physics, he served as articles editor on the University of Chicago Law Review and was awarded an Olin Fellowship in Law and Economics. Professor Duffy clerked for Judge Stephen Williams on the U.S. Court of Appeals for the D.C. Circuit and for Justice Antonin Scalia on the U.S. Supreme Court, served as an attorney adviser in the Department of Justice’s Office of Legal Counsel, and practiced law with the Washington firm of Covington & Burling. Since entering academia in 1996, Professor Duffy has been on the faculty of the Benjamin N. Cardozo School of Law and the William and Mary School of Law, and has also served as a visiting professor at the University of Chicago. He has published articles in the University of Chicago Law Review, Columbia Law Review, Texas Law Review, and Supreme Court Review, and he is the co-author of a casebook on patent law. Professor Duffy teaches torts, administrative law, patent law, and international intellectual property law.

Leonard Heyman was an Examiner or Primary Examiner for over 5 years in the early 1990s after graduating college. Since then, he has obtained his law degree from the University at Buffalo Law School (SUNY) and practiced in boutique patent firms in Connecticut, Virginia, and California until joining VMware in 2007. Leonard has a balanced perspective of the patent prosecution process, with deep understanding of the nature of patent examining both as a profession and in the context of a broad regulatory scheme. Leonard is admitted to practice law in the states of New York and Connecticut, and is a registered in-house practitioner in California.

Jeff Lefstin teaches and writes about patent and intellectual property law. He joined the Hastings faculty in 2003 after serving as a law clerk to Judge Raymond C. Clevenger, III, at the U.S. Court of Appeals for the Federal Circuit in Washington, DC. Prior to his clerkship, he practiced patent and antitrust law with the biotechnology and litigation groups at Townsend, Townsend & Crew in San Francisco. In his previous life he was a molecular biologist, studying mammalian gene regulatory mechanisms and DNA-protein interactions. His scientific papers appeared in Nature, Genes & Development, and the Journal of Molecular Biology. His current research focuses on the intellectual architecture of patent law and problems of interpretation in patent litigation. He has served as an expert witness on patent law matters, and lectured for Patent Bar Review courses.

Roberta Morris is a Lecturer in Law at Stanford Law School. Since 2006 she has taught a seminar for law and science graduate students called Scientific Evidence and Expert Testimony in Patent Litigation. She has also taught the Intellectual Property survey course. Before moving to California, Morris was a lecturer at the University of Michigan Law School for fifteen years, teaching patent law and other intellectual property courses. Her practice experience includes having been an associate at the patent law firm of Fish & Neave (now Ropes & Gray) in New York, and of counsel to Gifford, Krass in Michigan. She holds an AB summa cum laude from Brown, a JD from Harvard Law School and a PhD in Physics from Columbia University, in that order. She has been a speaker on patent law for PLI, Michigan ICLE, and elsewhere, and her occasional writings on patent law have appeared in JPTOS, IPToday and most recently her blog myunpublishedworks.blogspot.com.

Arti Rai is the Elvin R. Latty Professor of Law at Duke University. Professor Rai is an authority in patent law, administrative law, law and the biopharmaceutical industry, and health care regulation. Her current research on innovation policy in areas such as green technology, drug development, and software is funded by NIH, the Kauffman Foundation, and Chatham House. She has published widely in both peer-reviewed journals and law reviews, including Nature Biotechnology, PLoS Biology, PLoS Medicine, the Annals of Internal Medicine, and the Columbia, Georgetown, and Northwestern law reviews. She is currently editing a book on intellectual property rights in biotechnology and has also co-authored a casebook on law and the mental health system. She graduated from Harvard College, magna cum laude, with a B.A. in biochemistry and history (history and science), attended Harvard Medical School for the 1987-1988 academic year, and received her J.D., cum laude, from Harvard Law School in 1991.

Ed Reines is a partner in Weil, Gotshal’s Technology Litigation Practice, with a robust trial and appellate practice. Mr. Reines is also active in public service and is dedicated to supporting disabled veterans rights pro bono. He was named one of the Top 100 attorneys in California by the California Daily Journal and one of the Top 75 IP litigators nationally by IP Law & Business. Among his public service commitments, Mr. Reines serves on the Federal Circuit’s Advisory Council, is Chair of the Patent Rules committee for ND Cal and Chair of the National Model Jury Instructions project. Mr. Reines is a Ninth Circuit Lawyer-Representative on behalf of ND Cal. He is past president of the Federal Circuit Bar Association and is currently Vice-Chair of the AIPLA Amicus Committee. He teaches patent litigation at both Berkeley and Stanford Law Schools. He is a regular CNBC commentator on IP law. Mr. Reines graduated from Columbia Law School in 1988 with honors.

Robert Sachs is resident in the San Francisco office of Fenwick & West LLP and his practice concentrates on strategic patent counseling and prosecution for software technologies. He is also the primary patent evaluator for various patent pools on today’s most important audio, video, and communications technologies, including IEEE 802.11, MPEG-4 AAC, DVB-MHP, OCAP, Digital Radio Mondiale, and NFC-IP. He holds an M.S. in software engineering from National University, a J.D. from Yale Law School, and B.A., summa cum laude, from University of California, San Diego.

Brenda Simon Brenda M. Simon joined Stanford Law School in 2008 as the teaching fellow for the Law, Science, and Technology LLM Program, and as a fellow in the Center for Law and Biosciences. Her research focuses on intellectual property and bioethics. Before joining Stanford, Simon was an associate at Fenwick & West, where she represented technology clients in intellectual property litigation, counseling, and patent prosecution. Her pro bono representation of clients included successful appeals before the Ninth and Federal Circuits. In 2000-2001, she served as a law clerk to Judge Mariana R. Pfaelzer of the U.S. District Court for the Central District of California. Simon graduated summa cum laude from UCLA with a B.S. in General Chemistry, and she received her J.D., from the UC Berkeley School of Law (Boalt Hall) in 2000, where she was an executive editor of the Berkeley Technology Law Journal, a teaching assistant for Negotiations, and awarded the Prosser Prize in Intellectual Property.

Lee Van Pelt has evaluated patent strategies for investors and developed strategies and prepared patents for emerging companies in Silicon Valley for over fifteen years. He also prepares patent opinions and provides litigation analysis. Mr. Van Pelt received a B.S. in Physics, summa cum laude, from the University of Missouri-Rolla and a J.D., Order of the Coif, from the University of California-Berkeley, Boalt Hall School of Law. He currently teaches a patent law class at Boalt. He has been named on the Daily Journal’s lists of Top 25 Patent Prosecutors and Top 25 Patent Strategists in California, as well as on the IAM 250 list of The World’s Leading IP Strategists.

Janet Xiao is an associate specializing in patent law in the Palo Alto office of Morrison & Foerster LLP. She primarily represents clients in the biotechnology and pharmaceutical industries in their world-wide patent procurement, patent portfolio management, and strategic planning. Dr. Xiao has significant experience in providing strategic advice on developing and strengthening her clients’ complex patent portfolios. She has represented clients ranging from small start-up companies and academic institutions to big biotechnology and pharmaceutical companies. She has extensive experience in areas such as nanotechnology, drug delivery systems, therapeutics, diagnostics, and nutraceuticals. Besides patent prosecution, her practice includes patent reexamination, patent litigation, preparation of freedom-to-operate opinions, and due diligence. She holds a B.S. from Nanjing University, an M.S. from the Chinese Academy of Sciences, a Ph.D. from University of California, Los Angeles, and a J.D. from University of California, Berkeley, School of Law.

Mallun Yen has forged an impressive career in Silicon Valley since graduating from Boalt Hall. She is currently Cisco Systems’ Vice President of Worldwide Intellectual Property – one of the most prominent in-house counsel positions in the technology field. She started at Cisco as the company’s second intellectual property attorney and went on to build a team that now consists of over two dozen professionals and manages over 100 external attorneys. She is a founding member of ChIPs, a group of female Chief IP Counsel dedicated to promoting the advancement and retention of women in IP law.

Directions & Parking

The Symposium will take place in Room 290 at Stanford Law School.

Visitor parking is available at Parking Structure 6 (off of Campus Drive between Wilbur Way and Arguello Mall). For other parking options, see Stanford University Parking & Transportation Services.

Maps and directions to Parking Structure 6 and Stanford Law School are available below.

From San Francisco via Highway 280

  1. Take 280 South in the direction of San Jose.
  2. Proceed to the Alpine Road exit (after Sand Hill Road).
  3. Turn left on Alpine Road.
  4. Turn right at the first traffic light onto Junipero Serra Boulevard.
  5. Turn left at the second traffic light onto Campus Drive East. (The first traffic light is Campus Drive West).
  6. Turn left onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  7. Turn left at the stop sign; the entrance to the parking garage is on the right.
  8. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Francisco via Highway 101

  1. Take 101 South in the direction of San Jose/Los Angeles.
  2. Proceed to the Embarcadero/Oregon Expressway exit.
  3. Follow the signs to Embarcadero West/Stanford University.
  4. Stay on Embarcadero for approximately two miles.
  5. After crossing El Camino Real, Embarcadero will become Galvez.
  6. Stay in the left lane, proceeding straight into campus. (The stadium will be on the left).
  7. Turn left at the first stop sign after the stadium onto Campus Drive.
  8. Proceed approximately 3/4 mile to Bowdoin St.
  9. Turn right onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  10. Turn left at the stop sign; the entrance to the parking garage is on the right.
  11. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Jose via Highway 280

  1. Take 280 North in the direction of San Francisco.
  2. Proceed to the Page Mill Road exit, turning right onto Page Mill Road at the end of the off-ramp.
  3. At the second traffic light, turn left onto Junipero Serra Boulevard.
  4. Proceed approximately one mile to the traffic light at Campus Drive East.
  5. Turn right onto Campus Drive.
  6. Turn left onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  7. Turn left at the stop sign; the entrance to the parking garage is on the right.
  8. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

From San Jose via Highway 101

  1. Take 101 North in the direction of San Francisco.
  2. Proceed to the Embarcadero/Oregon Expressway exit.
  3. Follow the signs to Embarcadero West/Stanford University.
  4. Stay on Embarcadero for approximately two miles.
  5. After crossing El Camino Real, Embarcadero will become Galvez.
  6. Stay in the left lane, proceeding straight into campus. (The stadium will be on the left).
  7. Turn left at the first stop sign after the stadium onto Campus Drive.
  8. Proceed approximately one mile to Bowdoin St.
  9. Turn right onto Bowdoin St., and follow Bowdoin until you reach a stop sign.
  10. Turn left at the stop sign; the entrance to the parking garage is on the right.
  11. Exit the Parking Structure from the elevators opposite the entrance and follow the STLR Symposium signs to the law school.

Maps

Maps of the Stanford Campus are available at the following locations:

Registration

Registration is now closed.

Schedule

The symposium will take place place Friday, February 26, 2010.

9:30 AM: Breakfast & Registration, Stanford Law School
10:00 AM: Opening Remarks: Arti Rai, Administrator for External Affairs at the USPTO and Elvin R. Latty Professor of Law, Duke Law School
10:15 AM: Panel 1 – “Quality” and “Pendency”: Drilling Down to “Backlog,” “Deferred Examination,” “Patent Worksharing” and Other Integers to Achieve Primary Goals
Author: Hal Wegner, Foley & Lardner LLP
Panelists: Colleen Chien, Santa Clara University Law School; Jon Dudas, Foley & Lardner LLP and Former USPTO Director; Ed Reines, Weil, Gotshal & Manges LLP
11:30 AM: Panel 2 – The Role of Applicant Incentives in Patent Office Reform
Author: Dennis Crouch, University of Missouri School of Law
Panelists: Jeffrey Lefstin, UC Hastings College of the Law; Arti Rai, Administrator for External Affairs at the USPTO and Elvin R. Latty Professor of Law, Duke Law School; Lee Van Pelt, Van Pelt, Yi & James LLP; Mallun Yen, Cisco Systems
12:30 PM: Lunch
2:00 PM: Panel 3 – Patent Examination Policy and the Social Costs of Examiner Allowance and Rejection Errors
Author: Ron Katznelson
Panelists: John Duffy, George Washington University Law School; Robert Sachs, Fenwick & West LLP; Hal Wegner, Foley & Lardner LLP; Roberta J. Morris, Stanford Law School
3:15 PM: Panel 4 – Examiner Characteristics and the Patent Grant Rate
Authors: Mark Lemley, Stanford Law School; Bhaven Sampat, Columbia University
Panelists: Christopher Byrne, Tessera; Leonard Heyman, VMware; Brenda Simon, Stanford Law School; Janet Xiao, Morrison & Foerster LLP
4:15 PM: Closing Remarks, Jon Dudas, Foley & Lardner LLP and Former USPTO Director