Federal Circuit History Explored in Fall 2014 Katz Lecture

The GW Intellectual Property Law Program hosted the Honorable Pauline Newman of the U.S. Court

of Appeals for the Federal Circuit for the fall 2014 edition of its bi-annual A. Sidney Katz Lecture. A longtime member of the court, Judge Newman led the audience of students and practitioners on a first-hand journey through the history of the Federal Circuit Court, including how it came into being.

In the 1970s, Judge Newman explained, the United States was suffering through a recession. Technology-based

industry was hard hit, and industrial research laboratories were conducting mass layoffs. In an effort to stimulate the lagging economy, President Jimmy Carter established a Domestic Policy Review of Industrial Innovation involving 30 federal agencies and many advisory groups from private industry, labor, universities, and public interest.

Judge Newman—a trailblazer for women who was already deep into a career that included earning a PhD from Yale in the 1950s and working in several scientific

KATZ LECTURES 1, 4–5

PROGRAM NEWS 2, 9–14

IP SPEAKER SERIES 2

RECENT EVENTS 6–7, 14

UPCOMING IP EVENTS 14

SPECIAL FEATURE 15

continued on page 4

Judge Pauline Newman, U.S. Court of Appeals for the Federal Circuit, poses with past and present law clerks.

Katz Lectures Explore IP Topics In Depth

INTELLECTUAL PROPERTY LAW Perspectives

T H E GEORGE WA SHI NGTON U N I V ER SIT Y L AW SCHOOL

FALL 2015 ISSUEKATZ LECTURES

PROGRAM EST. 1895

IP Program Welcomes Dmitry Karshtedt

GW Law recently hired a new patent law professor, Dmitry Karshtedt. Professor Karshtedt attended

Harvard University as an undergraduate and continued at Harvard to earn a master’s degree in chemistry. He earned a PhD in chemistry from UC Berkeley and received a JD from Stanford Law School, where he was Senior Symposium Editor of the Stanford Law Review and winner of the Intellectual Property Student Writing Competition. Professor Karshtedt practiced in the Patent Counseling and Innovation Group at Wilson Sonsini Goodrich & Rosati and clerked for the Honorable Kimberly A. Moore on the U.S. Court of Appeals for the Federal Circuit. He recently finished a fellowship at Stanford and already has six publications to his name. This year, he will teach Torts and Patent Law. n

Dmitry Karshtedt

2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

IP Speaker Series Continues Successful Tradition

A staple of GW Law’s Intellectual Property (IP) Program, the IP Speaker Series brings engaging

and timely lectures and networking opportunities for students, alumni, faculty, and the larger IP community to GW Law. Last fall, several notable scholars and experts shared their work and projects with us.

Professor Guy A. Rub from The Ohio State University Moritz College of Law began the IP Speaker Series in September with his talk “Copyright and Contracts Meet and Conflict: Copyright Preemption of Contracts.” In October, Professor Sarah Burnstein from the University of Oklahoma College of Law discussed the costliness of design patents and whether it is as problem-atic as the literature would have us believe. In November, Professor Guido Westkamp from Queen Mary University of London discussed “Films in Schools and the Limits of the EU Copyright Approximation.” We also heard from Professor Yvette Joy Liebesman from Saint Louis University School of Law on the “Aiken” exception, which allows small businesses to play copyrighted music, and whether the exception still applies to new technologies.

During the spring 2015 semester, three additional speakers delivered presentations. In January, Professor Gregory Dolin, a former GW Law Frank H. Marks IP Fellow now at the University of Baltimore School of Law, spoke on “Dubious Patent Reform.” He provided empirical data and case-study-based evidence to show how the 2011 America Invents Act’s patent review process is open to abuse. In March, Professor Donald Harris from Temple University

Beasley School of Law discussed his paper “An Unconventional Approach to Reviewing the Judicially Unreviewable: Applying the Dormant Commerce Clause to Copyright.” In April, Professor Amy Kapczynski of Yale Law School talked about “The Limited Case for Penalizing Failures to Innovate.”

This fall, we will hear from the following three speakers.

Wednesday, September 23

W. Nicholson Price II, University of New Hampshire School of Law “Trade Secrets, Regulation, and the FDA”Noon–1:30 p.m., Student Conference Center, Second Floor, Lisner

Wednesday, October 14

Paul Gugliuzza, Boston University School of Law “Patent Trolls and Preemption” Noon–1:30 p.m.,Student Conference Center, Second Floor, Lisner

Wednesday, November 11

Stephanie Bair, Brigham Young University J. Reuben Clark Law School “Employee Creativity: To Promote the Progress of Science and Useful Arts in the Firm” Noon–1:30 p.m., Tasher Great Room, First Floor, Burns

For more information about upcoming IP Speaker events, visit www.law.gwu.edu/Academics/FocusAreas/IP/Pages/Events.aspx. The IP Speaker Series is made possible by a generous endowment from the Bureau of National Affairs. n

IP SPEAKER SERIES

Guido Westkamp

Donald Harris

Gregory Dolin

Sarah Burnstein Yvette Joy LiebesmanAmy Kapczynski Guy A. Rub

INTELLECTUAL PROPERTY LAW PERSPECTIVES 3

Summer 2015 in Munich

GW Law offers a four-week intel-lectual property law program in Munich, Germany, a vibrant city

less than an hour from the Alps, known as Europe’s “Intellectual Property capital.”

During summer 2015, the program ran from June 29-July 24. The ABA-accredited program offers eight one-credit courses, from which students can choose up to four (two each session), as well as special lectures and visits to local IP institutions, such as the European Patent Office. This year’s curriculum included:

• Federal Circuit (Professor Michael Goodman, GW Law)

• International Intellectual Property Exhaustion (Professor Dan Burke, University of California, Irvine School of Law)

• Law of Software Contracts (Professor Gregory E. Maggs, GW Law)

• Copyright and the Changing Role of the Copy (Professor Robert Brauneis, GW Law)

• European Intellectual Property Law (Professor Christoph Ann, Munich Intellectual Property Law Center)

• Chinese Intellectual Property Law (Professor Catherine Sun, China IP Limited)

• Cross-Border Enforcement of Intellectual Property (Professor Marketa Trimble, University of Nevada, Las Vegas William S. Boyd School of Law)

• IP and Global Entrepreneurship (Professor Yvette Joy Liebesman, Saint Louis University School of Law)

This year, 22 students attended the program, some coming from as far as Japan, Korea, and Brazil. The program is open to GW Law students, as well as to law or graduate students in other disciplines and practitioners from throughout the United States and the world. Class sizes are typically small, and students are able to take courses they may not ordinarily be able to take during the traditional academic year.

Past participants have provided glowing feedback:

• “The program has been one of the most memorable experiences of my life, not only in terms of the immense learning that I under-went, but also in terms of personal development. The professors were outstanding and subjects were very interesting.”

• “I really enjoyed my experience in Munich. Overall, Munich was an excellent experience and something I get to talk about a lot during my interviews.”

• “The study visits were the best part. The speakers at the European Patent Office were really prepared and their presentations were interesting.”

Information about the 2016 Munich Summer Program will be available at www.law.gwu.edu/munichsummerprogram n

Students visit the German Patent and Trademark Office.

Students relax at a beer garden in Munich for lunch.

IP ABROAD

4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

KATZ LECTURES

research and policy roles—served as part of a subgroup tasked with retooling the patent system.

Her group made several recommen-dations that are still in effect today: the creation of a mechanism for returning patents to the Patent and Trademark Office, the institution of a mainte-nance-fee system, and the seeds of what eventually became the Bayh-Dole Act— a method for commercially licensing federally-funded research. But, as Judge Newman says, “the Federal Circuit was the most revolutionary of the Carter Commission’s proposals.”

She recalled that at first it seemed like the establishment of a specialized patent court would never make it through Congress due to political resistance. That all changed when renowned University of Virginia Professor Daniel J. Meador proposed combining two existing judicial bodies, the Court of Claims and the Court of Customs and Patent Appeals, and adding appellate patent jurisdiction.

Using this idea, the court’s detractors became its most ardent supporters, and the newly established Federal Circuit Court began operation in 1982. Its judges quickly threw out conflicting precedent of the regional courts of appeals and instead relied upon the previous work of its component courts.

Two years after the court’s creation, President Ronald Reagan nominated Judge Newman to the bench as its first new judge, where she has continued serving as one of its most respected members.

Having shared the history of the court’s creation, Judge Newman offered one final observation and a call to action. “After these three decades of the Federal Circuit, I do think the law is in much better shape than when we started,” she said. “But I encourage you, I exhort you to know that the future is in your hands and to take control of the law.”

Spring 2015 Katz Lecture Offers Perspective on Patent Law

The GW Intellectual Property Law Program hosted Q. Todd Dickinson for the spring 2015

edition of the A. Sidney Katz Lecture. A former Under Secretary of Commerce for Intellectual Property and former Director of the U.S. Patent and Trademark Office, Mr. Dickinson shared stories about his varied background, addressed current patent issues, and spec-ulated on the future of patent law in an informal conversation with Intellectual Property Advisory Board Associate Dean for Intellectual Property Law Studies John Whealan.

Mr. Dickinson began by giving a personal retelling of his roundabout path to entering intellectual property law and politics. As an undergraduate, he studied chemistry at Allegheny College

in Pennsylvania. While his friends were going off to medical school after college, he decided instead to attend law school, where he took a small seminar in patent law. Later in law school, he signed up for an independent study that used the patent

bar examination as a final, and upon passing the exam, he received his first job out of school from the course’s instructor.

Politics came years later while Mr. Dickinson was working at an in-house position with Chevron. He started out in

Judge Pauline Newman

Q. Todd Dickinson (left) poses with two former Katz Lecture presenters: Terry Rea (center) and Don Dunner (right).

Katz Lectures from page 1

INTELLECTUAL PROPERTY LAW PERSPECTIVES 5

KATZ LECTURES

local politics after coming to the attention of Dianne Feinstein, the former mayor of San Francisco. He might have run for the Board of Supervisors position in San Francisco but took a chance and moved to Philadelphia for a Chief IP Counsel position. Reflecting on the decision, he offered students in the audience a piece of advice: “There come points in your life when you have tough decisions to make, and it’s never quite clear which path is exactly the right one to take,” he said. In Philadelphia, he continued in local poli-tics—fundraising and starting clubs—and those activities led to increasing national political importance.

Eventually, Mr. Dickinson’s involve-ment and experience landed him on a short list of names for Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), where he presided over several years of rapid change. A few years and a presidential administration switch later, he left the USPTO and went on to serve as Chief IP Counsel of General Electric, Executive Director of the American Intellectual Property Law Association, and partner in two different law firms.

Mr. Dickinson and Dean Whealan discussed current issues in patent law, such as the Supreme Court’s recent interest in hearing cases in the field and legislation pending before Congress. On the legislative issue in particular, Mr. Dickinson provided unique insights based on his experience working on the America Invents Act, which became law in 2011, a complex law for which trade groups, in-house counsel, and hill staffers all sat down together to resolve disagreements over a short period of time.

The discussion closed looking toward the future. Among many topics, Dean Whealan asked about whether the current state of patent litigation may scare some groups and individuals away from filing, and Mr. Dickinson offered some hope of a positive resolution. “Finding a balance is what our system is all about. It’s a very two-sided system. It’s got to allow people to innovate while protecting at the same time, and striking that balance is tricky,” he said. He thinks that balance will be achieved, but that it

may take a large action such as a presiden-tial commission.

Reflecting on this spring’s lecture, A.J. Sutton, JD ’14, said, “As a promi-nent figure in the IP community, [Mr. Dickinson’s] insight on current patent law trends was great to hear. He was also very down to earth and engaged the audience’s questions well. I have been to several Katz lectures now, and each time has been a great opportunity for GW alums in IP to reconnect, as well as stay up-to-date in our practice. GW’s IP law program is highly regarded in large part because of the strong community we have

here. The large number of IP events, like the Katz Lecture, certainly adds value to our community.”

The fall 2015 Katz Lecture is scheduled for October 21 and will be given by the Honorable F. Scott Kieff, Commissioner, U.S. International Trade Commission. n

Former USPTO Director Q. Todd Dickinson discusses patent law’s present and future with Associate Dean John Whealan (left).

Participants at the spring 2015 Katz Lecture.

The A. Sidney Katz Lecture, given twice a year, was generously endowed by the late Sidney Katz, JD ’66, to bring prominent speakers in the intellectual property law field to the law school.

6 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Microsoft Intellectual Property Law Institute

For the past three summers, GW Law has hosted the Hispanic National Bar Association and the Microsoft

Intellectual Property Law Institute. This week-long immersion program brings together Latino law students from around the country to hear from some of the top IP practitioners in the country and to observe U.S. IP institutions at work firsthand. The program covers all necessary expenses for the 25 students selected. This year’s program took place at GW Law from May 31 to June 6 and included visits to the U.S. Court of Appeals for the Federal Circuit, the U.S. Copyright Office, the USPTO, the White House, and the U.S. International Trade Commission. For more information or to apply for 2016, please visit http://hnba.com/events/hnbamicrosoft-intellectual-property-law-institute-ipli/

Students this year came from the following schools:

• Loyola University, Chicago School of Law

• University of San Francisco School of Law

• American University Washington College of Law

• Seattle University School of Law• Northwestern University School

of Law• University of Missouri–Kansas City

School of Law• UC Hastings College of the Law• St. Thomas University School

of Law• Rutgers University School of Law• South Texas College of Law• Mercer University Walter F. George

School of Law• Drexel University Thomas R. Kline

School of Law• University of Utah S.J. Quinney

College of Law

• Brigham Young University J. Reuben Clark Law School

• The George Washington University Law School

• University of Miami School of Law• IIT Chicago-Kent College of Law• Capital University Law School• University of Florida Levin College

of Law

• University of Oregon School of Law• Valparaiso University Law School• Samford University Cumberland

School of Law n

RECENT EVENTS

Twenty-five students were selected for the program.

Microsoft IPLI students engaged in lecture.

INTELLECTUAL PROPERTY LAW PERSPECTIVES 7

RECENT EVENTS

GW Law Co-Hosts Patents in Telecoms Conference

GW Law and University College London’s Institute of Brand and Innovation Law, in partnership

with Groupe Speciale Mobile Association and the European Telecommunications Standards Institute, hosted the first Conference on Patents in Telecoms at the George Washington University on November 6 and 7, 2014.

The conference was a unique gath-ering of industry, the judiciary, and regu-lators from the United States, Europe, and Asia and was chaired by Professor Sir Robin Jacob, the Sir Hugh Laddie Chair of Intellectual Property at University College London Faculty of Laws, and Professor Martin Adelman, Co-Director of the Dean Dinwoody Center for Intellectual Property Studies of GW Law.

Panels at the conference included:• Overview of Standard Setting

Organisations• Operators’ Panel• The Future Regulation of Telecoms• Manufacturers’ Panel

• FRAND Defences and How to Calculate FRAND

• Injunctions Panel• Patent Buying and Selling• Patent Assertation Entities• Judges’ Panel

The conference attracted speakers from the following firms and organizations:

• Allied Security Trust• AT&T• Cisco• Clifford Chance LLP• Conversant• Court of Appeal, United Kingdom

continued on page 14

GW Law Co-Sponsors Design Law Symposium

On November 21, 2014, GW Law, together with Indiana University Maurer School of Law and law

firms Banner Witcoff and Sterne Kessler, sponsored a design law symposium to present and foster debate on cutting-edge, design-related topics. The symposium began with a panel on Remedies, which was co-moderated by Associate Dean John Whealan, GW Law, and Robert Katz, Banner Witcoff. The panel featured Sarah Burnstein, University of Oklahoma College of Law; Natalie Hanlon-Leh, Faegre Baker Daniels; and Mark Janis, Indiana University Maurer School of Law. The panelists discussed the law of design patent remedies and addressed the prac-tical impact they have on designs and the design patent system.

The second panel on Functionality discussed recent case law in all relevant arenas and whether any industrial designs satisfy the nonfunctional requirement for patentability of a design. The panel was moderated by Tracy-Gene Durken, Sterne Kessler. Panelists included John Cheek, Caterpillar Inc.; Michael Risch, Villanova University School of Law; Perry Saidman, Saidman Design Law; and Richard Stockton, Banner Witcoff.

The third panel was moderated by Jason Du Mont, Indiana University Maurer School of Law. The four panelists were Christopher V. Carani, McAndrews Held & Malloy; Mark Charles, Proctor & Gamble; Elizabeth Ferrill, Finnegan Henderson; and Brian Hanlon, USPTO. The panelists considered the challenges technological advances have created, as well as the application of prior art in infringement litigation post Egyptian Goddess.

The day concluded with a town hall discussion led by two of the symposium’s sponsors, Tracy Durkin and Robert Katz. The presenters discussed whether the design patent system is working, what changes are needed, and how any changes should be made. n

The third panel discusses the challenges technological advances have created.

Panelist Perry Saidman (Saidman Design Law) was excited for the day to start.

8 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

PROGRAM NEWS

Charles Mitchell Wins AIPLA’S Past Presidents Award

Charles Mitchell, JD ’15, was chosen for the 2015 AIPLA Past Presidents Award. The award is

given to a student who exemplifies excel-lence in IP academic studies, is interested in pursuing a career in IP law, or has taken on a leadership role in IP-related student activities. Mitchell was nomi-nated for his academic performance after achieving A-range grades in more classes than any other IP student. He received a perfect score on the Patent Appellate Practice Exam and was a runner-up in GW’s Giles Rich IP Moot Court Competition. As the winner of the Past Presidents Award, Mitchell received a cash award of $2,500 and an invitation to attend the 2015 AIPLA Annual Meeting. This fall, he begins as an associate at Finnegan Henderson. n

Friends and alumni gather at AIPLA Reception.Professor Don Clarke chats with two students during the AIPLA reception.

GW Law Hosts AIPLA Reception

On October 23, 2014, the GW Law Intellectual Property Law Alumni Interest Group,

the Intellectual Property Advisory Board, Associate Dean for Intellectual

Property Law Studies John M. Whealan, IP faculty, and friends gathered for a networking reception at the American Intellectual Property Law Association’s Annual Meeting. It was a great time for catching up, debriefing, and networking. The event was held at the Marriott Wardman Park Hotel’s Stone’s Throw Restaurant and Bar in Washington, D.C.

This year’s reception will be held on Thursday, October 22, 2015. n

New Course On USPTO Post-Grant Proceedings

GW Law’s IP Program has created a new course, USPTO Post-Grant Proceedings. The course

is taught by Kevin B. Laurence and Scott McKeown. Both are partners in Oblon’s Post-Grant Patent Practice Group. The new course provides an analysis of review proceedings and reexaminations for challenging the validity of a patent at the USPTO. Differences between

these administrative proceedings and litigation are explored, as well as their interplay. Other administrative proceed-ings are covered as well, including inter-ference and derivative proceedings. In addition, the course covers the options for patent owners to correct patents, including reissue and supplemental examination. The course also explores the legislative evolution that lead to the development of review proceedings, as well as the inspiration from foreign patent systems. n

INTELLECTUAL PROPERTY LAW PERSPECTIVES 9

Student Awards for Excellence in IP

At this year’s graduation cere-mony, the following awards were bestowed on graduating GW Law

students for achievements in the field of intellectual property law:

American Bar Association/Bureau of National Affairs Award: Given to members of the graduating Juris Doctor class who demonstrated excellence in the study of intellectual property law.Chetan BansalMaxwell HsuScott T. LuanChristopher OhslundLauren ShinnCatherine ShroederDhruv SudNa Xu

Chris Bartok Memorial Award in Patent Law: Given to members of the graduating Juris Doctor class who exhib-ited excellence in the study of patent law.Nigel FontenotJohn Pani

Peter D. Rosenberg Prize in Patent and Intellectual Property Law: Given to a member of the graduating Juris Doctor class who exhibited excellence in the study of patent and intellectual property law.Charles Mitchell

Rothwell, Figg, Ernst & Manbeck Award: Recognizes the winning team of the on-campus Giles Rich Intellectual Property Moot Court Competition.Christopher CitroRyan Hutzler

Finnegan Prizes in Intellectual Property Law: Given to the members of the graduating Juris Doctor or Master of Laws class who wrote the best publish-able articles on an aspect of intellectual property law.

1st Place

Jack DaSilva, “Forum Shopping Under

the Patent Cases Pilot Program: Patent

Litigation in a District Tailored to your

Technology”

2nd Place

Lauren Shinn, “YouTube’s Content ID

as a Case Study of Private Copyright

Enforcement Systems”

3rd Place

Jason Mock, “Post-Grant Proceedings at

the USTPO and the Rising Tide of Federal

Circuit Appeals” n

PROGRAM NEWS

Ryan Hutzler (center) receives the Rothwell, Figg, Ernst & Manbeck Award, presented by Dean Blake D. Morant (right) and Associate Dean John Whelan.

INTELLECTUAL PROPERTY LAW PERSPECTIVES

Intellectual Property Law Perspectives

is published by the Intellectual Property

Law Program at the George Washington

University Law School.

Questions or comments should be sent to:

Associate Dean John Whealanjwhealan@law.gwu.edu

202.994.2195

George Washington University Law School

Intellectual Property Law Program

2000 H Street, NW

Washington, D.C. 20052

Kristen Pallmeyer Program Assistant

kpallmeyer@law.gwu.edu

202.994.4692

Michael Goodman Frank H. Marks Intellectual Property Fellow

mpgoodman@law.gwu.edu

Connect with us: iplaw@law.gwu.eduwww.law.gwu.edu/IP

Search “GW Law IP”

@GWIPLaw

Celebrating 150 years of GW Law’s rich history and anticipating its bright future

1 0 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

PROGRAM NEWS

Giles Rich Moot Court Competition Successes

The internal Giles Rich Intellectual Property Moot Court Competition Finals were held on January

15, 2015, in the Jacob Burns Moot Courtroom. Christopher Citro, 2L, and Ryan Hutzler, 4L, who represented the appellee, defeated Victoria Liu and

Charles Mitchell, both 3Ls, who repre-sented the appellant, as decided by the final bench of Judge Kent Jordan, U.S. Court of Appeals for the Third Circuit; Judge Dee Benson, U.S. District Court for the District of Utah; and John Whealan, Associate Dean for Intellectual Property Law Studies. Hutzler also won Best Overall Competitor and Best Oral Advocate. Liu was recognized as Best Brief Writer, Second Place.

Both teams then competed for the external Giles Rich IP Moot Court Competition Regional in Silicon Valley, CA, on March 13-15, 2015. Dean Whealan served as their coach. n

Palo Alto Biennial IP Program Held

GW Law’s biennial intellectual property program was held in Silicon Valley in March 2015.

The program featured panels on current issues in intellectual property law and the debate on net neutrality. The keynote address on net neutrality was given by Marvin Ammori, a nationally recognized thought leader on this current hot topic.

In addition to GW President Steven Knapp, Law School Dean Blake D. Morant, Associate Dean for Intellectual Property Studies John Whealan, and Professor Robert Brauneis, more than 100 representatives of leading technology companies and law firms participated in the symposium. Several notable law school alumni served as symposium panelists, including Sanjeet Dutta, JD ’99, Partner, Steptoe Johnson; Michael Lee, JD ’99, Senior Director of Intellectual Property, Cisco Systems; Michael McKeon, JD ’96, Principal, Fish & Richardson; and Dana Rao, JD ’97, VP Intellectual Property, Adobe. n

Winners and judges of the Giles Rich Competition (left to right): Christopher Citro, The Honorable Dee Benson, The Honorable Kent Jordan, Dean John Whealan, and Ryan Hutzler

The Intellectual Property Advisory Board meets in Palo Alto.

GW University President Steven Knapp (center) and GW Law Dean Blake D. Morant (third from right) attended the Biennial IP Law Program in Silicon Valley.

INTELLECTUAL PROPERTY LAW PERSPECTIVES 1 1

2015 IP Symposium

On May 12, 2015, GW’s Intellectual Property Law Program, together with law

firm co-sponsors Pillsbury Winthrop Shaw Pittman LLP and Mayer Brown LLP, hosted its annual IP symposium, featuring notable speakers from a variety of administrative agencies, private practice, the judiciary, and academia to discuss hot topics and recent develop-ments in patent law. The day kicked off with a keynote address by Sharon Israel, President of the American Intellectual Property Law Association. It was followed by four panels.

The first panel, Retrospective Review: Post-Issuance PTO Proceedings, was moderated by Jack S. Barufka of Pillsbury. Panelists included Michael R. Fleming, Neifeld IP Law; David P. Ruschke, Medtronic Cardiac and Vascular Group; Robert Green Sterne, Sterne Kessler; and Vaishali Udupa, Hewlett-Packard.

The second panel, moderated by Alan M. Grimaldi of Mayer Brown, was called Tips and Trends: Litigating Patent Cases in the Federal Courts. Panelists included the Honorable Susan G. Braden, U.S. Court of Federal Claims; the Honorable

Christopher J. Burke, U.S. District Court for the District of Delaware; and the Honorable George H. Wu, U.S. District Court for the Central District of California.

After a networking luncheon, the symposium resumed with the panel “What are the Next Frontiers: The Supreme Court and Federal Circuit Decision,” moderated by Andrew J. Pincus of Mayer Brown. The four panelists were: Ginger D. Anders, Office of the Solicitor General; Nathan Kelley, USPTO; Jeffrey A. Lamken, Molo Lamken; and Deanne E. Maynard, Morrison Foerster.

The symposium concluded with a panel moderated by James G. Gatto of Pillsbury on “Social Networking: Protecting Intellectual Property.”

Panelists included Nicholas M. Beizer, GoDaddy; Linda V. Priebe, Culhane Meadows Haughian & Walsk; and Amy Yeung, ZeniMax Media Inc. n

PROGRAM NEWS

2015 IP Networking Fair

On February 5, 2015, the law school’s Career Center held its 10th Annual Intellectual

Property Networking Fair in GW’s Marvin Center Grand Ballroom. The following firms attended:

• Alston & Bird• Baker Botts• Banner & Witcoff• Bookoff McAndrews• Cooley• Fiat Chrysler Automobiles U.S.• Finnegan• Fish & Richardson

• Fitzpatrick, Cella, Haroer & Scinto• Greenblum & Bernstein• Harrity & Harrity• Hogan Lovells U.S.• Hunton & Williams• Jones Day• K&L Gates• Kenyon & Kenyon• Kirkland & Ellis• Knobbe Martens Olson & Bear• Kramer Amado• Latham & Watkins• Mayer Brown• McKool Smith• Morrison & Foerster• Paul Hastings• Paul, Weiss, Rifkind,

Wharton & Garrison• Perkins Coie• Pillsbury Winthrop Shaw Pittman

• Ropes & Gray• Rothwell, Figg, Ernst & Manbeck• Shearman & Sterling• Sidley Austin• Smith, Gambrell & Russell• Steptoe & Johnson• Sterne, Kessler, Goldstein & Fox• Transportation Security

Administration• U.S. Department of Justice,

Civil Division• Weil, Gotshal & Manges• White & Case• WilmerHale• Wilson Sosini Goodrich & Rosani

Those interested in attending next year’s networking fair should contact Katherine White in the Career Center, kwhite@law.gwu.edu. n

Alan Grimaldi of Mayer Brown speaks with Judges Christopher J. Burke and George Wu about litigating patent cases in the federal courts.

Sharon Israel, President of AIPLA, begins the day with a keynote address.

1 2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

GW Co-Hosts WIPIP

On February 6-7, 2015, GW Law co-hosted the annual Works in Progress Intellectual Property

Colloquium (WIPIP) with the U.S. Patent and Trademark Office. Since its inception in 2003, the annual WIPIP Colloquium has grown to become one of the leading annual intellectual property conferences, particularly for research that is still in development and may benefit most from scholarly discussion. More than 100 IP professors came from all over the country to present their work. There were seven sessions of approximately one and a half hours, each with three to five presenters, over the two-day conference.

Attendees included: • Michael Abramowicz, George

Washington University Law School• David Abrams, University

of Pennsylvania• Martin Adelman, George Washington

University Law School• Clark D. Asay, Brigham Young

University J. Reuben Clark Law School• Jonathan H. Ashtor, Skadden,

Arps LLP• Margo Bagley, University of Virginia

School of Law• Stephanie Bair, Stanford Law School• Barton Beebe, New York University

School of Law• Abraham Bell, University of San Diego• Jeremy Bock, University of Memphis

School of Law• Robert Brauneis, George Washington

University Law School• Annemarie Bridy, University

of Idaho College of Law• Michael Burstein, Benjamin N.

Cardozo School of Law• Sarah Burstein, University

of Oklahoma College of Law• Brandon Butler, American University• Megan Carpenter, Texas A&M

University School of Law• Leah Chan Grinvald, Suffolk

University Law School

• Tuneen Chisolm, Campbell University Wiggins School of Law

• Bryan Choi, New York Law School• Kevin Collins, Washington University

School of Law• Jorge Contreras, University of Utah• Christopher Cotropia, University

of Richmond School of Law• Rebecca Curtin, Suffolk University

Law School• Christine Davik, University of Maine

School of Law• Ben Depoorter, University of

California, Hastings• Mark H. DesMeules, ACG-Consultants• Gregory Dolin, University of Baltimore• Christine Haight Farley,

American University• Emily Fetsch, Kauffman Foundation• Roger Ford, University of New

Hampshire School of Law• Michael Frakes, Northwestern

University School of Law• Jeanne Fromer, New York University

School of Law• Christopher Funk, Georgetown

University Law Center• Stefania Fusco, DePaul University

College of Law

• Elizabeth Townsend Gard, Tulane University

• Alexandra George, UNSW Australia• Deborah Gerhardt, University of North

Carolina School of Law• Shubha Ghosh, University of

Wisconsin Law School• Sumity Ghost, Chowdhury

& Georgakis, PC• Jim Gibson, University of Richmond

School of Law• Franck Gloglo, Laval University• U. Shen Goh, York University Osgoode

Hall Law School• Michael Goodman, George

Washington University Law School• Patrick Goold, IIT Chicago-Kent

College of Law• Stuart Graham, Georgia Institute

of Technology• Brad Greenberg, Columbia Law School• James Grimmelmann, University

of Maryland• Paul R. Gugliuzza, Boston University

School of Law• Stephen Gutierrez , Edward

Elgar Publishing • Yaniv Heled, Georgia State University

College of Law

Participants in WIPIP present their work.

PROGRAM NEWS

INTELLECTUAL PROPERTY LAW PERSPECTIVES 1 3

• Laura A. Heymann, William and Mary Law School

• Cynthia Ho, Loyola University, Chicago

• Tim Holbrook, Emory University School of Law

• Camilla Hrdy, University of Pennsylvania Law School

• William Hubbard, University of Baltimore School of Law

• Chris Hubbles, University of Washington

• Chris Jackson, Kauffman Foundation• D.R. Jones, University of Memphis

School of Law• Peter J. Karol, New England School

of Law• Dmitry Karshtedt, Stanford Law School• Orin Kerr, George Washington

University Law School• Jay P. Kesan, University of Illinois

at Urbana-Champaign• Scott Kieff, George Washington

University Law School• Kamil Kiljanski, Economic Analysis

Unit, European Commission• Daniel J. Klein• Kate Klonick, Yale Law School

Information Society Project• Scott Kominers, Harvard University• Sapna Kumar, University of Houston

Law Center• Megan La Belle, Catholic University• Peter Lee, UC Davis School of Law• Mark Lemley, Stanford Law School• Celia Lerman, Stanford Law School• David S. Levine, Princeton University• Yvette Joy Liebesman, Georgetown

University Law Center• Oskar Liivak, Cornell Law School• Deming Liu, Newcastle Law School

of the United Kingdom• Glynn Lunney, Tulane University• Gregory Mandel, Temple University

Beasley School of Law• Irina D. Manta, Hofstra University

Maurice A. Deane School of Law• Jonathan Masur, University of Chicago

Law School• WIlliam McGeveran, University

of Minnesota

• Meurer, Michael J , Boston University School of Law

• Shawn Miller, Stanford Law School• Adam Mossoff, George Mason

University• Xuan-Thao Nguyen, Indiana

University McKinney School of Law• Lucas Osborn, Campbell University

Wiggins School of Law• Kristen Osenga, University of

Richmond School of Law• Maayan Perel, University of

Pennsylvania• Aaron Perzanowski, Case Western

Reserve University• Judge Plager, U.S. Court of Appeals for

the Federal Circuit• Lucille M. Ponte, Florida Coastal

School of Law• Nicholson Price, University of New

Hampshire School of Law• Noah Priluck• Srividhya Ragavan, University of

Oklahoma College of Law• Arti Rai, Duke University School

of Law• Sarah R. Wasserman Rajec, William

and Mary Law School• Lisa Ramsey, University of San Diego

School of Law• Jurgita Randakeviciute, Vilnius

University; MIPLC• Amanda Reid, Florida Coastal School

of Law• Greg Reilly, California Western School

of Law• Alexandra J. Roberts, University

of New Hampshire School of Law• Zvi Rosen, Hofstra University Maurice

A. Deane School of Law• Betsy Rosenblatt, Whittier Law School• Guy Rub, The Ohio State University

Moritz College of Law• Sage Russell, American Association

for the Advancement of Science• Rachel Sachs, Harvard Law School• Zahr Said, University of Washington• Andres Sawicki, University of Miami

School of Law• Roger Schechter, George Washington

University Law School

• Sigram Schindler, Technical University of Berlin & TELES Patent Rights International

• David Schwartz, IIT Chicago-Kent• Victoria Schwartz, Pepperdine

University School of Law• Joseph Scott Miller, University

of Georgia Law School• Chris Seaman, Washington and Lee

University School of Law• Sean B. Seymore, Vanderbilt

Law School• Nicole Shanahan, Stanford Law

School Center For Legal Informatics• Jeremy Sheff, St. John’s University

School of Law• Jacob S. Sherkow, New York Law School• Ted Sichelman, University of San

Diego School of Law• Jessica Silbey, Suffolk University

Law School• Cathay Y. N. Smith, University

of Denver Sturm College of Law• Eva Subotnik, St. John’s University

School of Law• Xiyin Tang, Yale Law School• Joseph Mtebe Tungaraza, The Open

University of Tanzania• Ofer Tur-Sinai, Ono Academic College

(Israel)• Rebecca Tushnet, Georgetown

University• Liza Vertinsky, Emory University

School of Law• Greg Vetter, University of Houston• Saurabh Vishnubhakat, U.S. Patent

and Trademark Office• Ari Waldman, New York Law School• Melissa Wasserman, University

of Illinois College of Law• David Welkowitz, Whittier Law School• John Whealan, George Washington

University Law School• Elizabeth Winston, The Catholic

University of America Columbus School of Law

• Felix Wu, Benjamin N. Cardozo School of Law

• Joy Y Xiang, IIT Chicago-Kent College of Law

• Peter Yu, Drake University Law School n

PROGRAM NEWS

1 4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Upcoming IP EventsSEPTEMBERWednesday, September 23: IP Speaker SeriesW. Nicholson Price II, University of New Hampshire School of Law “Trade Secrets, Regulation, and the FDA”Noon – 1:30 p.m., Student Conference Center, Second Floor, Lisner

OCTOBERTuesday, October 13: IPR-CBM Roundtable DiscussionNoon – 6 p.m., Faculty Conference Center, Fifth Floor, Burns

Wednesday, October 14: IP Speaker SeriesPaul Gugliuzza, Boston University School of Law “Patent Trolls and Preemption” Noon – 1:30 p.m., Student Conference Center, Second Floor, Lisner

Thursday, October 22: GW AIPLA Reception5:30 – 7:30 p.m., Marriott Wardman Park,Stone’s Throw Restaurant and Bar, Chef’s Lounge Table2260 Woodley Road, NW, Washington, D.C. 20008

NOVEMBERThursday, November 5 – Friday, November 6, Patents in Telecoms ConferenceGW Law & University College London, in cooperation with ETSI and GSMA8:45 a.m. – 4:45 p.m., Jack Morton Auditorium, 805 21st St, NW

Wednesday, November 11: IP Speaker SeriesStephanie Bair, Brigham Young University J. Reuben Clark Law School “Employee Creativity: To Promote the Progress of Science and Useful Arts in the Firm” Noon – 1:30 p.m., Tasher Great Room, First Floor, Burns

To confirm dates and times go to www.law.gwu.edu/Academics/FocusAreas/IP/Pages/Events.aspx. n

UPCOMING IP EVENTS • RECENT EVENTS

Wednesday, October 21: A. Sidney Katz LectureThe Honorable F. Scott Kieff, Commissioner, USITC;  (On Leave) Fred C. Stevenson Research Professor of Law; C-LEAF Director of Planning and Publications, GW Law5:30 – 8 p.m., Faculty Conference Center, Fifth Floor, Burns

Tuesday, November 17, The Christopher A. Meyer Memorial LectureRobert Brauneis, Professor of Law and Co-Director of the Intellectual Property Program, GW Law6 – 8 p.m., Faculty Conference Center, Fifth Floor, Burns

The Honorable F. Scott Kieff

Professor Robert Brauneis

• Court of Appeal, Holland• Criterion Economics LLC• Deusche Telecom• Ericsson• ETSI• European Commission• Federal Court, Australia• FTI Consulting• Google• GSMA• IBM• Intel• Intellectual Ventures• KPN• Microsoft• NTT Docomo• Nokia Siemens Network• Patent Profit International• Qualcomm• Samsung• NTT Docomo• Nokia Siemens Network• Shearman Sterling LLP• Sisvel• Swaine & Moore LLP• Supreme Court of Germany• Taylor Wessing LLP• U.S. Court of Appeals for the

Federal Circuit• U.S. Federal Trade Commission• U.S. International Trade

Commission• Vodafone

Conference highlights included an interview with Chief Judge Sharon Prost; two amazing panels with judges and regulators; and a “chat show” panel, where delegate questions were put to key players in the patents field.

The conference was so successful that it will be repeated on November 5 and 6, 2015. For information on this year’s conference go to: www.ucl.ac.uk/laws/patents-in-telecoms-2015. n

Patents in Telecoms from page 7

INTELLECTUAL PROPERTY LAW PERSPECTIVES 1 5

SPECIAL FEATURE

Apple CEO Tim Cook Urges Graduates to Find Their ‘North Star’

Excerpted from GW Today article by James Irwin and Lauren Ingeno

A broad smile broke across Tim Cook’s face as he finished his George Washington University Commencement address. Then, the Apple CEO extended his iPhone in

front of his chest, camera lens facing out.“Congratulations, Class of 2015,” he said. “I’d like to take one

photo of you, because this is the best view in the world.”With ceremonial trimmings and thoughtful remarks from

speakers, members of the GW community gathered on a warm and humid morning to celebrate the end of the university’s 194th academic year. And with the Washington Monument at his back and an estimated 25,000 people in attendance, Mr. Cook, drawing on both personal anecdotes and historical figures—from Martin Luther King, Jr. and Ronald Reagan to Amelia Earhart and Miles Davis—urged graduates to have the audacity to chal-lenge, and the courage to combine, their moral beliefs with their vocational aspirations.

“There are problems that need to be solved, injustices that need to be ended, people that are still being persecuted, diseases still in need of cure,” said Mr. Cook, who received an honorary degree. “No matter what you do next, the world needs your energy, your passion, your impatience with progress. History rarely yields to one person, but think and never forget what happens when it does.

“That can be you. That should be you. That must be you.”

A LIFE OF DISCOVERY AND INVENTIONStories of personal conviction and a quest for knowledge popu-lated Mr. Cook’s 20-minute speech. He quoted from Dr. King’s

“Letter from a Birmingham Jail” and referenced Apple’s mission to equip consumers with the tools to connect the world. He recalled his first meetings with the late Steve Jobs in 1997 and how they changed his life.

In a particularly powerful moment, Mr. Cook recalled his first trip to Washington in 1977. After winning an essay contest as a high school student in Alabama, he was given the opportunity to meet Gov. George Wallace and President Jimmy Carter. The two men, Mr. Cook said, were from the same political party and served as governors of neighboring states, and yet, to Mr. Cook, they were at opposing ends of the moral spectrum. To Mr. Cook, who counted Dr. King and the late Robert F. Kennedy as his personal heroes, Gov. Wallace embraced the evils of segregation and exploited divisions between people.

“I was only 16, so I shook his hand, as we were expected to do,” he said. “But shaking his hand felt like a betrayal of my own beliefs. It felt wrong, like I was selling a piece of my soul.”

The differences between the two men, Mr. Cook said, provided him with an early glimpse of how a person’s inner compass leads them to the values they live by. Twenty years later, his first meeting with Mr. Jobs “upended all of my assumptions in the very best way.”

“In 1997 and 1998, Apple had been adrift for years, but Steve thought it could be great again,” Mr. Cook said. “His vision for Apple was a company that turned powerful technology into tools that would help change the world for the better.”

Mr. Cook’s sensibility gave him pause.“I had studied to be an engineer and earned an MBA. I was

trained to be pragmatic—a problem-solver,” he said. “Now I found myself sitting before and listening to this very animated 40-something guy with visions for changing the world. I always figured that work was work. Steve didn’t see it that way. He was an idealist. And in that way, he reminded me of how I felt as a teenager. In that first meeting, he convinced me that if we worked hard and made great products, we, too, could help change the world.”

Today, Mr. Cook considers Apple a resource for global good, helping connect those who are isolated by distance or disability. People who witness injustice and want to expose it can do so, he said to cheers from the crowd, because they have a camera in their pocket all the time.

The world, he said, challenging the graduates, needs its next generation of citizen leaders to enter the arena.

“The process of discovering yourself, of inventing yourself or reinventing yourself, is about to begin in earnest,” he said. “Work takes on new meaning when you feel you’re pointed in the right direction—otherwise, it’s just a job. And life is too short for that. We need the best and brightest of your generation to lead. You don’t have to choose between doing good and doing well. Find your North Star, let it guide you in life and work and in your life’s work.” n

Apple CEO Tim Cook takes a photo of the graduating class following his Commencement address. (William Atkins/GW Today)

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