2 0 1 4IPIL / Houston

PROF. DAVID McGOWAN, UNIVERSITY OF SAN DIEGO ScHOOL OF LAW 2013 Baker Botts Lecturer

Visiting sea Lions at Houston Zoo

HON. JIMMIE REYNA , U.S. cOURT OF APPEALS FOR THE FEDERAL cIRcUIT 2012 katZ Foundation Lecturer

Feeding giraFFes at Houston Zoo

Table of ConTenTs

dean’s Message ..................................................................................................................................................................... 1

kWik-cHik ................................................................................................................................................................................... 2

a Learning center at an international crossroads ................................................................ 2

degree offerings .................................................................................................................................................................. 3

Principal Faculty .................................................................................................................................................................... 4

affiliated Faculty .................................................................................................................................................................. 6

adjunct Faculty ...................................................................................................................................................................... 7

iPiL courses typically offered ............................................................................................................................. 8

iPiL: a Year in the Life ............................................................................................................................................. 10

national conference (santa Fe) .................................................................................................................. 12

Fall Lecture .............................................................................................................................................................................. 14

spring Lecture ...................................................................................................................................................................... 15

kWik-cHik copyright ............................................................................................................................................... 16

sponsored Web resources ................................................................................................................................. 16

kWik-cHik Patent ....................................................................................................................................................... 17

kWik-cHik trademark ............................................................................................................................................. 18

special events ...................................................................................................................................................................... 18

student interests .............................................................................................................................................................. 19

kWik-cHik trade secrets ..................................................................................................................................... 19

kWik-cHik information Law ........................................................................................................................... 20

uH Law center’s Legal information resources ....................................................................... 20

iPiL Missions ..................................................................................................................... Inside Back cover

contact information ................................................................................................ Inside Back cover

sponsors/supporters ..................................................................................................................... Back cover

cover photos by Tom DuBrock Photography for IPIL

Special thanks to Lynnae Lusker and the Houston Zoowww.houstonzoo.org

1

DEAN’S MESSAGE

cover photos by Tom DuBrock Photography for IPIL

Special thanks to Lynnae Lusker and the Houston Zoowww.houstonzoo.org

the time is right to learn from the best in intellectual Property and information Law, and the place to do that is here at the university of Houston Law center. our intellectual Property & information Law institute is consistently ranked in the nation’s top 10 according to u.s. news & World report and is known throughout the world for the strength of its faculty, scholarship, curriculum, and students. students at the Law center learn against the backdrop of Houston, the nation’s fourth largest city, and benefit from the wealth of intellectual capital in the area as the region thrives as an epicenter of business – domestically and in the global marketplace.

Whether your interest lies in traditional areas of intellectual Property Law – patent, copyright, trademark, trade secret – or the rapidly evolving field of information Law – internet, software, electronic commerce, databases – iPiL/Houston has what it takes to help you realize your goal of a successful career in this growing field.

Please spend a few minutes reading about all we have to offer, and then come join us.

–Richard M. AldermaninteriM dean

director, consuMer LaW centerdWigHt oLds cHair in LaW

AS PART OF THE UH LAW cENTER, accredited by the american Bar association,

the institute for intellectual Property & information Law is located in one of the

largest and most diverse metropolitan areas in the united states. Houston is

among the top five markets in the united states for intellectual property and

information lawyers, with thousands of these specialists working in corporations,

law firms, and universities. indeed, the Houston intellectual Property Law

association is among the most influential iP bar organizations in the

country, boasting many past and present leaders of national iP

advocacy groups, along with its active amicus and continuing legal

education activities.

in addition to world-class law firms serving clients from Houston

to Hong kong and from silicon Valley to singapore, Houston

hosts numerous multinational corporations and organizations

that generate intellectual property: exxonMobil, shell,

nasa, many information technology companies, and the

distinguished institutions of the texas Medical center

are just a few. uH’s strong presence in the region

produces significant research opportunities for

faculty and students alike.

For more information on Houston, visit

www.houstontx.gov.

A LEARNING cENTER AT AN INTERNATIONAL cROSSROADS

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KWIK-cHIKin the crucible of today’s business world, some fledgling ideas just sit and simmer, while others take wing and produce healthy stock. to lay bare the issues governed by intellectual property and information law, consider the finger-licking case of KWIK-cHIK, INc.

started with little more than a gas-fired kettle teetering on the tailgate of the founder’s pick-up, KWIK-cHIK is now the world’s largest broker of birds, leaving millions of customers from Bangor to Baja singing about the wings they fling. and if any foxes dare stray near KWIK-cHIK’s henhouse headquarters, the company does more than squawk. a flock of intellectual property and information law specialists henpecks any trespassing birdbrains and encourages them to find other ways to feather their nests.

For the “rest of the story” of copyright, Patent, trademark, trade secrets and information Law, see pages 16 - 20.

APPROXIMATELY THREE DOZEN cOURSES RELATING TO IPIL ARE OFFERED

REGULARLY at the uH Law center. all of these courses answer the degree

requirements for the doctor of Jurisprudence (J.d.) degree, and most apply to the

Master of Laws (LL.M.) degree in intellectual property and information law.

J.D. PROGRAMthe uH Law center offers both full-time and part-time programs leading to

the J.d. degree. J.d. candidates must complete 90 semester hours and can

customize their curricula with intellectual property and information law courses

that reflect their individual interests. students interested in applying to the

J.d. Program should contact the office of admissions for an application at

713.743.2280 or lawadmissions@uh.edu. applications also can be accessed at

www.law.uh.edu/admissions/apply-now.html.

LL.M. PROGRAMthe LL.M. Program provides an academic environment for practicing lawyers who

wish to expand their knowledge of intellectual property and information law. only

a limited number of candidates are accepted for full-time or part-time studies,

and admissions are highly competitive. applicants from the united states must

hold a J.d. degree or equivalent from a law school accredited by the american

Bar association. Lawyers who hold law degrees from foreign countries must meet

academic and english-language standards for admission.

DEGREE OFFERINGS

LL.M. candidates must complete 24 semester hours of approved courses (including

a minimum of 15 hours of iP and iL study), with a qualifying cumulative grade-

point average. an optional thesis is available. class scheduling and availability

vary from year to year. Most

iPiL courses are offered in

the fall and spring semesters.

generally, iPiL courses are

not available in the summer.

Both full-time and part-time

degree candidates are allowed

a maximum of three years

for in-classroom work and

completion of the thesis. thesis

supervision occurs during the

fall and spring semesters only.

For details about the LL.M.

Program, contact the LL.M.

coordinator at 713.743.2890 or llm@uh.edu, or visit www.law.uh.edu/llm.

VISITING STUDENTSsecond- and third-year law students in good standing at an aBa-accredited law

school are eligible to spend a semester at the uH Law center and to enroll in its

iPiL curriculum as well as other upper-division courses. Participants are accorded

“visiting” status and receive their law degrees from their home schools. students

interested in visiting at the uH Law center should contact the office of admissions

at 713.743.2280 or lawadmissions@uh.edu.

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IPIL Prof. PauL JanIcke

PAUL M. JANICKEHIPLA Professor of LawB.e.e., Manhattan college; J.d., new York university; LL.M., george Washington university

Professor Janicke is a recognized expert in patent litigation. He clerked at the u.s. court of customs & Patent appeals in Washington, d.c., from 1969 to 1971 before joining the intellectual property firm of arnold, White & durkee, where he later served as managing partner. Professor Janicke joined the uH Law center faculty in 1992.

Subjects:Patent Law, Patent remedies and defenses, Licensing & technology transfer, intellectual Property survey, intellectual Property advanced topicsseminar, Military Law, and evidence

Recent Scholarship includes:the Judicial Panel on Multidistrict Litigation: now a strengthened traffic cop for Patent Venue, 32 The Review of LiTigaTion 497 (2013); overview of the new Patent Law of the united states, 21 Tex. inTeLLec. PRoP. L.J. 63 (2013); the Patent Malpractice thicket, or Why Justice Holmes Was right, 50 hous. L. Rev. 437 (2012); ModeRn PaTenT LiTigaTion (3rd ed. 2012); a need for clearer Language about Patent Law, 11 J. MaRshaLL Rev. inTeLL. PRoP. L. 457 (2012); a commentary on the new united states Patent Law, 60 geweRbLicheR RechTsschuTz und uRhebeRRechT inTeRnaTionaLeR TeiL 887 (2011); implementing the adequate remedy at Law: relief against ongoing Patent infringement When an injunction is denied, 51 idea: The JouRnaL of inTeLLecTuaL PRoPeRTy Law 163 (2011); Venue transfers from the eastern district of texas: case by case or an endemic Problem?, LandsLide 16 (March-april 2010); Patent Venue and convenience transfer: new World or small shift?, 11 n.c. J.L. & Tech. on. 1 (2009); die reform des u.s. Patentrechts im Jahr 2007, 56 geweRbLicheR RechTsschuTz und uRhebeRRechT inTeRnaTionaLeR TeiL 791 (2007); Patent Jury Verdicts: Myths and realities, inTeLLecTuaL PRoPeRTy Today (July 2007) 18; Who Wins Patent infringement cases?, 34 aiPLa Q.J. 1 (2006); Four key Points in the current Patent reform effort in the united states, 5 icfai J. inTeLL. PRoP. RTs. 14 (Hyderabad, india, 2006); two unsettled areas of the Federal circuit’s Patent Jurisdiction, 11 va. J.L. & Tech. 1 (2006); on the causes of unpredictability of Federal circuit decisions in Patent cases, 3 nw. J. Tech. & inTeLL. PRoP. 93 (2005); “Maybe We shouldn’t arbitrate”: some aspects of the risk/Benefit calculus of agreeing to Binding arbitration of Patent disputes, 39 hous. L. Rev. 693 (2002); to Be or not to Be: the Long gestation of the united states court of appeals for the Federal circuit, 69 anTiTRusT L.J. 645 (2002).

For more information, visit Professor Janicke’s Web page at www.law.uh.edu/faculty.

SAPNA KUMARAssistant Professor of LawB.s. (Mathematics), B.a. (Philosophy), the university of texas at austin; J.d., university of chicago

Professor Kumar is a rising patent law scholar currently working at the intersection of public law and patents. she is also the 2012-2013 recipient of the Law center’s Faculty of the Year award and the university’s teaching excellence award. From 2003 to 2006, she practiced intellectual property litigation in chicago at kirkland & ellis LLP and at Pattishall Mcauliffe. she then spent two years at duke university Law school, where she was a faculty fellow and part of the center for genome ethics Law & Policy. While at duke, Professor kumar taught a seminar in open-source software licensing. after completing her fellowship, Professor kumar clerked for the Honorable Judge kenneth F. ripple on the u.s. court of appeals for the seventh circuit.

Subjects:Patent Law, administrative Law, and Property

Recent Scholarship includes:Life, Liberty, and the Pursuit of genetic information, 65 aLa. L. Rev. (forthcoming 2014); the accidental agency?, 64 fLa. L. Rev. 229 (2013); expert court, expert agency, 44 u.c. davis L. Rev. 1547 (2011); the Bilski decision: What does it Mean for the Future of Business Method and software Patents?, coMPuTeR L. Rev. inT’L (april 2010); 2009 southeastern association of Law schools Panel discussion: an uncomfortable Fit?: intellectual Property Policy and the administrative state (with Murray, Mazzone, travis & abdel-khalik), 14 MaRQ. inTeLL. PRoP. L. Rev. 441 (2010); the other Patent agency: congressional regulation of the itc, 61 fLa. L. Rev. 529 (2009); Proprietary science, open science, and the role of Patent disclosure: the case of Zinc Finger Proteins, 27 naTuRe bioTechnoLogy 140 (2009) (with rai, chandrasekharan & Valley); gPL Version 3’s drM and Patent clauses under german and u.s. Law, coMPuTeR L. Rev. inT’L (april 15, 2008) (with koglin); synthetic Biology: the intellectual Property Puzzle, 85 u. Texas L. Rev. 1745 (2007) (with rai); enforcing the gPL, 2006 u. iLL. J.L. Tech. & PoL’y 1.

For more information, visit Professor kumar’s Web page at www.law.uh.edu/faculty.

CRAIG JOYCEAndrews Kurth Professor of LawB.a., dartmouth college; M.a., oxford university; J.d., stanford university

Professor Joyce is the lead author of the widely used casebook, coPyRighT Law (9th ed. 2013). His articles on copyright history and doctrine have appeared in numerous journals, including the emory, Harvard, Houston, Michigan, ucLa, and Vanderbilt law reviews, and are cited regularly by the federal appellate courts. He edited The MaJesTy of The Law (2003) for supreme court Justice sandra day o’connor.

Professor Joyce practiced law at Fennemore craig in Phoenix before entering academia in 1981, and has taught at the uH Law center since 1986. Besides his duties at the institute for intellectual Property & information Law since 1991, he has served as both associate dean for academic affairs and associate dean for graduate studies and special Programs. He taught at the institute on chinese Law & Business in Beijing in summer 2011 and 2012.

Subjects:copyright, advanced copyright seminar, american Legal History, and torts

Recent Scholarship includes:coPyRighT Law (9Th ed. 2013) (with Leaffer, Jaszi, ochoa & carroll); a unified TheoRy of coPyRighT, by L. ray Patterson & stanley H. Birch, Jr. (craig Joyce ed. 2009), originally published in 46 hous. L. Rev. 215 (2009); The MaJesTy of The Law: RefLecTions of a suPReMe couRT JusTice (2003, hardcover ed. 2003 & paperback ed. 2004) (written by Justice sandra day o’connor and edited by Professor Joyce); Law Review: The fiRsT fifTy yeaRs of hous. L. Rev. (five essays, published at 50 hous. L. Rev. 257, 689, 1027, 1255, and 1541, 2012-13); the statute of anne: Yesterday, today, and tomorrow, 47 hous. L. Rev. 779 and 1013 (2011); intellectual Property in the united states, in oxfoRd inTeRnaTionaL encycLoPedia of LegaL hisToRy (katz ed., 2009); multiple entries in yaLe biogRaPhicaL dicTionaRy of aMeRican Law (newman ed., 2009); copyright in context, 44 hous. L. Rev. 815 (2007); Lazy B and the nation’s court: Pragmatism in service of Principle, 119 haRv. L. Rev. 1257 (2006); a good Judge, 30 J. s. cT. hisT. 100 (2006); a curious chapter in the History of Judicature, 43 hous. L. Rev. 325 (2005); “the story of Wheaton v. Peters,” in inTeLLecTuaL PRoPeRTy sToRies (ginsburg & cooper eds., 2005); multiple entries in oxfoRd coMPanion To The suPReMe couRT of The uniTed sTaTes (2d ed. 2004); “owning the Law,” in 100 aMeRicans Making consTiTuTionaL hisToRy (2004); the torch is Passed: Historical Preface to in-chaMbeRs oPinions of The JusTices of The suPReMe couRT of The uniTed sTaTes (2004); copyright and its Master in Historical Perspective, 51 J. coPR. soc’y vii (2004); copyright in 1791, 52 eMoRy L.J. 909 (2003) (with Patterson).

For more information, visit Professor Joyce’s Web page at www.law.uh.edu/faculty.

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PRINcIPAL FAcULTY

GREG R. VETTERLaw Foundation Professor Professor of LawB.s.e.e., Missouri university of science and technology; M.s., university of Missouri-kansas city; M.B.a., rockhurst university; J.d., northwestern university

Professor Vetter is a leading expert on intellectual property as applied to software, with particular emphasis on free and open source software. Prior to law school, he gained extensive business experience in software design, product management, and product marketing. after several years in practice, he clerked for the Honorable arthur J. gajarsa on the u.s. court of appeals for the Federal circuit in Washington, d.c., before joining the Law center in 2002. He served as a visiting professor at the university of texas school of Law during the 2006-07 academic year and at the university of Washington school of Law during the Fall 2010 semester.

Subjects:intellectual Property advanced topics seminar, internet Law, international intellectual Property, Patent Law, intellectual Property survey, Licensing, and Property

Recent Scholarship includes:are Prior user rights good for software? (work in progress); a Public domain approach to Free and open source software? ohio sT. L.J. fuRTheRMoRe (forthcoming); Patent Law’s unpredictability doctrine & the software arts, 76 Mo. L. Rev. 763 (2011); Patenting cryptographic technology, 84 chicago-kenT L. Rev. 757 (2010); commercial Free and open source software: knowledge Production, Hybrid appropriability, and Patents, 77 foRdhaM L. Rev. 2087 (2009); slouching toward open innovation: Free and open source software (Foss) for electronic Health information, 30 wash. u. J.L. & PoL’y 179 (2009); claiming copyleft in open source software: What if the Free software Foundation’s general Public License (gPL) Had Been Patented?, 2008 Mich. sT. L. Rev. 279; open source Licensing & scattering opportunism in software standards, 48 b.c. L. Rev. 225 (2007); Perspectives on Patent Licensing Language appearing in Free & open source software (Foss) Licensing, 45th annual conference on intellectual Property Law, institute for Law and technology at the center for american and international Law (2007); exit & Voice in Free & open source software Licensing: Moderating the rein over software users, 85 oR. L. Rev. 183 (2006); open source software and information Wealth, solicited chapter in 4-volume treatise inTeLLecTuaL PRoPeRTy and infoRMaTion weaLTh: issues and PRacTices in a digiTaL age (Peter Yu ed., 2006); “infectious” open source software: spreading incentives or Promoting resistance?, 36 RuTgeRs L.J. 53 (2004); the collaborative integrity of open source software, 2004 uTah L. Rev. 563 (2004).

For more information, visit Professor Vetter’s Web page at www.law.uh.edu/faculty.

JACqUELINE D. LIPTONBaker Botts Professor of LawB.a. (Melb.), B.a. (Hons.) (La trobe), LL.B. (Hons) (Melb.), LL.M. (Monash), LL.M. (cantab.), Ph.d. (griffith), Ph.d. (cantab.)

Professor Lipton is a recognized expert in the fields of cyberlaw, intellectual property law, and comparative/international commercial law. she has served on the faculties of major research universities in australia, the united kingdom, and the united states. Prior to that, she worked for two major australian commercial law firms, and also as in-house counsel at a major australian bank. she is the co-author of one of the leading cyberlaw casebooks in the u.s. market as well as several sole-authored monographs on digital technology and the law.

Subjects:internet Law, trademark Law, international intellectual Property Law, and data Privacy

Recent Scholarship includes:cybeRsPace Law, cases and MaTeRiaLs (3d ed. 2010, with r. ku); inTeRneT doMain naMes, TRadeMaRks and fRee sPeech (2010); and secuRiTy oveR inTangibLe PRoPeRTy (2000); speech for sale: commerce and Free speech in icann’s new

gtLd Process (ausTRaLian Law JouRnaL, 2013); cyber-Bullying and the First amendment (fLoRida coasTaL Law Review, 2012); imperatives of Private arbitration in international intellectual Property disputes (singaPoRe acadeMy of Law JouRnaL, 2012, with M. Wong); trademarks and Free speech in icann’s new gtLd Process (Monash L. Rev., 2012, with M. Wong); the Law of the intermediated information exchange (fLa. L. Rev., 2012); combating cyber-Victimization, 26 beRkeLey Tech. L.J. 1103 (2011); copyright’s twilight Zone: digital copyright Lessons from the Vampire Blogosphere, 70 Md. L. Rev. 1 (2010); Bad Faith in cyberspace: grounding domain name theory in trademark, Property, and restitution, 23 haRv. J.L. & Tech. 447 (2010) (selected as one of the best intellectual property law articles published in 2010 and reprinted in inTeLL. PRoP. L. Rev.,2011); “We, the Paparazzi”: developing a Privacy Paradigm for digital Video, 95 iowa L. Rev. 919 (2010); Mapping online Privacy, 104 nw. u. L. Rev. 477 (2010) (solicited for symposium edition); to © or not to ©?: copyright and innovation in the digital typeface industry, 43 u.c. davis L. Rev. 143 (2009); celebrity in cyberspace: a Personality rights Paradigm for a new Personal domain name dispute resolution Policy, 65 wash. & Lee L. Rev. 1445 (2008); a Winning solution for Youtube and utube? corresponding trademarks and domain name sharing, 21 haRv. J.L. & Tech. 509 (2008) (reprinted in inTeLL. PRoP. L. Rev., 2009); Who owns ‘hillary.com’?: Political speech and the First amendment in cyberspace, 49 b.c. L. Rev. 55 (2008); commerce versus commentary: gripe sites, Parody and the First amendment in cyberspace, 84 wash. u. L. Rev. 1327 (2006); iP’s Problem child: shifting the Paradigms for software Protection, 58 hasTings L.J. 205 (2006); and solving the digital Piracy Puzzle: disaggregating Fair use from the dMca’s anti-device Provisions, 19 haRv. J. L. & Tech. 111 (2005).

For more information, visit Professor kumar’s Web page at www.law.uh.edu/faculty.

RAYMOND T. NIMMERDean Emeritus and Leonard H. Childs Professor of LawB.a., J.d., Valparaiso university

Professor Nimmer is the author of over 20 books and numerous articles. His most recent books are daTa PRivacy, PRoTecTion and secuRiTy Law (2012); ModeRn Licensing Law (2012), and The Law of coMPuTeR TechnoLogy (4th ed. 2009, updated 2012). He is a frequent speaker at programs worldwide in the areas of intellectual property, licensing, business, and technology law. He was the co-reporter of the drafting committee on revision of u.c.c. article 2 and the reporter of the uniform computer information transactions act (ucita). He has been a consultant to the national science Foundation and the office of the Legal advisor of the u.s. state department. He is listed in the inTeRnaTionaL who’s who of inTeRneT and e-coMMeRce LawyeRs, as well as who’s who in Law, and as one of the Best Lawyers in america in numerous categories.

Subjects:information Law, internet Law, digital transactions, and commercial Law

Recent Scholarship includes:issues in Modern Licensing of Factual information and databases, in ReseaRch handbook on inTeLLecTuaL PRoPeRTy Licensing (J. de Werra ed. 2013); interaction of contract and intellectual Property, in inTeLLecTuaL PRoPeRTy Law insTiTuTe (david Bender & robert P. taylor ed. 2012); daTa PRivacy, PRoTecTion and secuRiTy Law (2012, with H. towle); ModeRn Licensing Law (2012 ed., with J. dodd); the Law of coMPuTeR TechnoLogy (4th ed. 2009, updated 2012); infoRMaTion Law (1996, updated 2012); The Law of eLecTRonic coMMeRciaL TRansacTions (2003, updated 2012, with H. towle); dRafTing effecTive conTRacTs (2004, updated 2012, with r. Feldman); content creators, social Media and online Protection, 2011 inTeLLecTuaL PRoPeRTy Law insTiTuTe; information Wars and the challenges of content Protection in digital contexts, 13 vand. J. enT. & Tech. L. 824 (2011); copyright First sale and the over-riding role of contract, 51 sanTa cLaRa L. Rev. 101 (2011); Licensing of infoRMaTion asseTs: cases and MaTeRiaLs (2d ed. 2010); uniform computer information transactions act, in 10 unifoRM coMMeRciaL code seRies (W. Hawkland ed. 1932, supp. 2010); Licensing information assets in the new economy: a Pro-rights Perspective, indian J.L. & Tech. (Bangalore, india 2008); an essay on article two’s irrelevance to Licensing agreements, 40 Loy. L.a. L. Rev. 235 (2007); the Legal Landscape of electronic commerce: redefining contract Law in an information era, 23 J. conT. L. 10 (2007); coMMeRciaL TRansacTions: secuRed financing, cases, MaTeRiaLs, PRobLeMs (3d ed. 2003, with i. Hillinger & M. Hillinger).

For more information, visit Professor nimmer’s Web page at www.law.uh.edu/faculty.

5

PRINcIPAL FAcULTY

the Judicial Panel on Multidistrict Litigation: now a strengthened traffic cop for Patent Venue, 32 The Review of LiTigaTion 497 (2013); oveRview of The new PaTenT Law of The uniTed sTaTes, 21 Tex. inTeLLec. PRoP. L.J. 63 (2013); the Patent Malpractice thicket, or Why Justice Holmes Was right, 50 hous. L. Rev. 437 (2012);

AFFILIATED FAcULTYDARREN BUSH, Professor of Law,B.a., california state university, san Bernardino; Ph.d., J.d., university of utah

Professor Bush previously served in the u.s. department of Justice’s antitrust division, with attention to state deregulation of electric utilities as well as mergers and anticompetitive conduct in wholesale and retail energy markets. He teaches antitrust, regulated industries, Law & economics, and administrative Law.

SETH cHANDLER, Professor of Law, a.B., Princeton university; J.d., Harvard university

Professor chandler is a leader in the emerging scholarly discipline of law and computation, where his scholarship uses computational modeling to better understand such areas of interest as insurance law, health law, economic analysis of law, and contracts. at uH, he teaches computational Law, which includes various methods applied to the effect and operation of iP law.

BARBARA EVANS, assocIate Professor of Law, co-DIrector, HeaLtH Law & PoLIcy InstItute, anD DIrector, center on BIotecHnoLogy & Law,B.s.e.e.,university of texas at austin (with Honors); M.s., Ph.d., stanford university; J.d., Yale Law university; LL.M., university of Houston

Dr. Evans’s research interests include genomic and translational medicine, tissue banking, healthy data privacy, and biotechnology regulation. a member of the aBa special committee on Bioethics, at uH she teaches Biotechnology and the Law.

ANTHONY R. cHASE, assocIate Professor of Law,B.a., M.B.a., J.d., Harvard university

Professor chase, a former telecom industry executive, has served as deputy chairman of the regional Board of the Federal reserve Bank of dallas, Houston Branch. He teaches communications Law, entrepreneurship, and contracts at the Law center, and also teaches in the uH Bauer college of Business’s top-ranked entrepreneurship Program.

JESSIcA ROBERTS, assIstant Professor of Law,B.a., university of southern california; J.d., Yale university

Professor Robert’s research operates at the intersection of health law and antidiscrimination law. Her current projects explore the theoretical implications of health-care reform, the formation of genetic identity, and the antidiscrimination protection of health-related information. Professor roberts teaches introduction to Health Law, disabilities and the Law, and genetics and the Law.

PETER LINZER, Professor of Law,a.B., cornell university; J.d., columbia university

Professor Linzer has served as reviser, coRbin on conTRacTs (inTeRPReTaTion), and editorial reviser of the ResTaTeMenT (second) of conTRacTs. in addition to advanced contract drafting (including domestic and international iP-related documents), he teaches constitutional Law and First amendment, with research interests in free speech rights and internet neutrality.

GERALDINE SZOTT MOOHR, aLumnae Professor of Law, B.s., university of illinois; M.s., Bucknell university; J.d., american university

Professor Moohr is one of the nation’s leading scholars in federal criminal law, particularly fraud and white collar crime, and is the author of the path-breaking casebook, The cRiMinaL Law of inTeLLecTuaL PRoPeRTy and infoRMaTion. she teaches Property crime in the information age.

MIcHAEL A. OLIVAS, wILLIam B. Bates DIstInguIsHeD cHaIr In Law anD DIrector, InstItute of HIgHer eDucatIon Law & governance, B.a., Pontifical college Josephinum; M.a., Ph.d., ohio state university; J.d., georgetown university

Professor Olivas, 2011 President of the aaLs, is the nation’s leading expert on higher education law. a prolific scholar, his writings are cited in the popular press and debated in academic institutions across the united states. He teaches education Law and Legislation.

SPENcER SIMONS, assocIate Professor of Law, anD DIrector, o’QuInn Law LIBrary,B.a., J.d., M.B.a. (Finance), Master of Librarianship, university of Washington

Professor Simons’s professional background includes over a decade in banking and financial management, along with bankruptcy work as an attorney. His academic career led him to the directorship of the Law center’s o’Quinn Law Library in 2004. He currently teaches accounting and Finance for Lawyers, as well as advanced Legal research.

6

LAWRENcE F. PINSKY, Professor, PHysIcs DePartment, coLLege of naturaL scIences, unIversIty of Houston,B.s., carnegie Mellon university; M.a., Ph.d., university of rochester; J.d., LL.M., university of Houston

Dr. Pinsky’s specialties include experimental particle physics, heavy ion physics, nucleon structure functions, space radiation simulation, medium energy physics, and charged particle detector development. He is actively involved in projects at cern, BnL, nasa, and Fermilab. He teaches internet Law and intellectual Property survey.

ADJUNcT FAcULTY

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YOcEL ALONSO, B.a., university of Houston, university of salamanca, spain; J.d., university of Houston

RAY ASHBURG, The dow cheMicaL coMPany. B.s., university of north carolina at charlotte; J.d., Wake Forest university; LL.M., university of Houston

DAVID BENDER, sc.B. (applied Mathematics), Brown university; LL.B., university of Pennsylvania; LL.M. (Patent Law), s.J.d. (computer Law), george Washington university

REBEccA BOLIN, B.a., rice university; J.d., Yale university

RONALD L. cHIcHESTER, ronaLD cHIcHester, P.c. B.s., M.s., university of Michigan; J.d., university of Houston

RUSSELL cHORUSH, HeIm Payne + cHorusH LLP. B.s., university of texas at austin; M.s., Ph.d., cornell university; J.d., university of Houston

RIcARDO cOLMENTER, weatHerforD InternatIonaL, Inc. J.d., ucaB caracas Venezuela; LL.M. (intellectual Property & information Law), university of Houston; LL.M. (intellectual Property and Human rights), raoul Wallenberg institute, Lund university

ALI DHANANI, Baker Botts L.L.P. B.s. (computer science), J.d., university of Houston

JEFF c. DODD, anDrews kurtH LLP. B.a., J.d., university of Houston

KATHY FRANcO, franco gonzaLez PLLc. B.s., Massachusetts institute of technology; J.d., university of Houston

VALERIE K. FRIEDRIcH, JLsaLazar Law fIrm, PLLc. B.s., university of texas at austin; Ph.d., university of california, Los angeles; J.d., university of Houston

DAVID HRIcIK, mercer unIversIty scHooL of Law. B.a., university of arizona; J.d., northwestern university

SHARON A. ISRAEL, mayer Brown LLP. s.B. (electrical engineering), Massachusetts institute of technology; J.d., M.B.a., emory university

PAUL KRIEGER, morgan, LewIs & BockIus LLP. B.s., university of Pittsburgh; LL.B., university of Maryland; LL.M., george Washington university. also a competition coach.

TERRIL G. LEWIS, wong, caBeLLo, LutscH, rutHerforD & BruccuLerI, L.L.P. B.s.e.e., university of notre dame; M.e.e., rice university; J.d., university of Houston; LL.M., george Washington university

JOHN NORRIS, wInston & strawn LLP. B.ch.e., university of arkansas; J.d., george Washington university

D.c. TOEDT, B.a., J.D., university of texas at austin

HOLLY K. TOWLE, k&L gates. a.B., Whitman college; J.d., university of Washington

PAUL VAN SLYKE, Locke LorD LLP. B.s., university of texas at austin; J.d., southern Methodist university. also a competition coach.

JEREMY WELcH, scHLumBerger tecHnoLogy corP. B.a., rice university; J.d., university of Houston

cOMPETITION cOAcHEScARLYN BURTON, osHa · LIang LLP. B.s., M.s., emory university; J.d., university of Houston

AFSHEEN DAVIS, tHe JosH DavIs Law fIrm. B.s., texas a&m unIversIty; J.D., unIversIty of Houston

JOSH DAVIS, tHe JosH DavIs Law fIrm. B.s., trInIty unIversIty; J.D., unIversIty of Houston

K. RAcHELLE GOLDMAN, westerngeco. B.s., texas a&M university; M.s., Purdue university; M.s., texas a&M university; J.d., university of Houston

cHRISTOPHER McKEON, mckeon attorneys PLLc. B.s., texas a&M university; M.s., texas a&M university; J.d., university of Houston

LINDSEY POWDRELL, B.a., university of Houston; J.d., regent university

ALLISON REGAN, offIce of career DeveLoPment, unIversIty of Houston Law center. B.s., clemson university; J.d., Loyola university new orleans

ALEXIS STEINBERG, mosser Law PLLc. B.s., united states naval academy; J.d., university of texas at austin

DAVID TIEDE, texas consumer comPLaInt center, unIversIty of Houston Law center. B.a., J.d., university of texas at austin

DISTINGUISHED JURIST IN RESIDENcE

HON. PAUL MIcHEL, u.s. court of aPPeaLs for tHe feDeraL cIrcuIt (ret.). B.a., Williams college; J.d., university of Virginia

IPIL cOURSES TYPIcALLY OFFEREDADVANcED TOPIcS IN cOPYRIGHT LAW SEMINAR provides students the opportunity for in-depth exploration of topics of interest to them, including technological, international, and

historical problems in the field of copyright law. 3 credits.

ADVANcED TOPIcS IN SOFTWARE PROTEcTION provides students with a holistic view of software protection, focusing on legal issues concerning the protection and transaction of computer software, particularly with respect to trade secrecy, digital copyright, and licensing. 2 credits.

ADVERTISING AND MARKETING LAW covers both the law and commercial perspectives concerning the advertising and marketing industry. this survey includes treatment of issues from consumer protection, privacy, trademark, business torts, constitutional law, copyright, privacy, and other areas of law important to advertising and marketing. 3 credits.

ANTITRUST LAW explores the law and economics of antitrust policy and the methods for enforcing antitrust policy. emphasis is placed on the issues of monopolization, mergers, price fixing, and state and local government actions displacing the competitive process. 3 credits.

ART LAW considers various national and international disputes involving the title and possession of works of art and cultural heritage. 2 credits.

BIOTEcHNOLOGY & THE LAW examines ethical, legal, and policy issues surrounding new medical technologies related to genetic information, including consideration of regulatory frameworks to ensure appropriate incentives for research and commercialization of biotechnologies. 3 credits.

cOMMUNIcATION LAW examines regulation and policy concerned with various forms of mass media in the us, including radio and television as well as telecommunications regulations, law, and policy. 3 credits.

cOMPUTATIONAL LAW enables students to develop interactive models of legal issues or systems. Likely topics include decision theory, game theory, finance, statistics, network analysis, and computational linguistics. 3 credits.

cOMPUTER cRIME will emphasize the federal criminal laws, particularly the computer Fraud and abuse act, but will touch upon relevant state anti-spyware laws as well. other topics include crimes related to corporate espionage, hacking, and misappropriation/infringement of intellectual property rights that involve a computer or a network. 2 credits.

cONSUMER LAW examines consumer law issues in both traditional and electronic/internet marketplaces, including an emphasis on the texas deceptive trade Practices act. 3 credits.

cONTRAcT DRAFTING helps students prepare for drafting, reviewing, analyzing, explaining, and negotiating contracts. depending in part on student input, typical contracts considered may include, e.g., agreements involving employment, leases, distribution, services, licenses, stock-options, change-of-control, arbitration, and/or settlements. 3 credits.

cOPYRIGHT LAW deals with the protection of the works of human intellect (literature, music, art, computer programs, etc.) under u.s. code title 17. 3 credits.

cULTURAL PROPERTY covers topics in the protection of intangibles as they relate to knowledge generated by indigenous people around the world, and also considers issues concerning knowledge derived from genetically isolated populations. 2 credits.

DIGITAL TRANSAcTIONS covers issues in software and online licensing, including the nature of remedies, warranties, and other obligations that arise from such transactions. 2 credits.

eDIScOVERY examines the increased impact of technology in the workplace, including significant changes in the way litigation, and specifically discovery, is handled. 3 credits.

ENTERTAINMENT LAW blends concepts and skills derived from intellectual property, contracts, and torts, with emphasis on recent internet-based developments in the relevant entertainment industries. 2 credits.

ENTREPRENEURSHIP examines entrepreneurship and specifically considers the challenges and strategies typically encountered in becoming a successful entrepreneur, with particular emphasis on technology and the law relating to it. 3 credits.

FRANcHISE & DISTRIBUTION covers franchise regulation, disclosure, and registration, types of franchises, antitrust, unfair competition, trademarks, pricing, advertising, premises liability, and contract law. 3 credits.

GENETIcS AND THE LAW examines ethical, legal, and policy issues surrounding new genetic technologies. 2 credits.8

IPIL cOURSES TYPIcALLY OFFEREDINTELLEcTUAL PROPERTY ADVANcED TOPIcS SEMINAR is a treatment of specialized subjects in intellectual property law. 3 credits.

INTELLEcTUAL PROPERTY LAW SURVEY covers domestic intellectual property laws—patent, copyright, trademark, and trade secret—through statutes and cases, with attention to the needs both of non-specialty students desiring a one-time overview of the basics of iPiL law and of soon-to-be iPiL specialists seeking more detailed study. 2 credits.

INTELLEcTUAL PROPERTY STRATEGY AND MANAGEMENT examines the legal and managerial issues facing an intellectual property or information-based organization from its startup phase through either an initial public offering (iPo) or an acquisition by another firm. 2-3 credits.

INTERNATIONAL ENFORcEMENT OF INTELLEcTUAL PROPERTY analyzes the enforcement of trademarks, patents, and copyrights beyond national boundaries. special emphasis is placed on differences and similarities between the diverse national intellectual property enforcement systems. 2 credits.

INTERNATIONAL INTELLEcTUAL PROPERTY examines both international iP law itself and comparative aspects of iP law among major trading countries and regions of the world. 3 credits.

INTERNET LAW is a survey of legal issues arising from the rapid growth of internet and other online communications. coverage includes intellectual property, First amendment, criminal, and privacy issues. 3 credits.

INTERSESSION cOURSES, taught during the winter break, consider a variety of currently topical subjects such as database protection and privacy, as well as issues posed by pending and recently decided major cases. 1-2 credits.

LIcENSING AND TEcHNOLOGY TRANSFER examines means for licensing rights in technology and the ways of employing and transferring such rights. 3 credits.

LLM THESIS cOURSE affords iPiL Master of Laws candidates the opportunity to produce thesis scholarship, under the supervision of iPiL faculty, in an area of intellectual property law or information law. 3 credits.

PATENT LAW examines the substantive law of patenting as a means for protecting inventive ideas. the course focuses on conditions necessary to obtain a patent, infringement, and enforcing patent rights through patent litigation. 3 credits.

PATENT PROSEcUTION studies substantive law and procedures governing the patent application process and emphasizes practical application of the rules to real-life situations. 2 credits.

PATENT REMEDIES AND DEFENSES studies issues commonly arising in modern patent litigation. the course examines necessary parties, remedies, and affirmative defenses. 2 credits.

PRIVAcY AND DATA PROTEcTION covers the basic principles of privacy and data protection law, including federal privacy statutes relating to surveillance, record-keeping, and health information, as well as state privacy statutes, the privacy-related activities of the Federal trade commission, and the privacy law in the european union. 2 credits.

PROcEDURE OF PATENT LITIGATION provides hands-on experience with issues that patent litigators face in day-to-day trial preparation, examining a hypothetical patent case from inception, through the Markman hearing, to trial, with additional attention to the relationship between district courts and the Federal circuit in patent litigation. 2 credits.

PROPERTY cRIME IN THE INFORMATION AGE melds two fields, criminal law and the law of information and intellectual property, with special focus on how the law protects information products from unauthorized use facilitated by the internet and digitization. 3 credits.

SPORTS LAW covers topics such as representation of the professional athlete in contract negotiations and endorsements, related intellectual property matters, the player-club contractual relationship, anti-trust and collective bargaining issues in amateur and professional sports, and sports tort liability. 2 credits.

TRADE SEcRETS surveys the practical aspects of trade secrets as they relate to protection by contract and operation of law, relationships of the parties, public law constraints, adversarial considerations, and licensing. 2 credits.

TRADEMARK AND UNFAIR cOMPETITION examines the evolution and practice of trademark and related unfair competition law, with emphasis on litigation strategy. 3 credits.

VIRTUAL WORLDS examines models for virtual world law and government, with special emphasis on online contracts, intellectual property rights, gambling and gaming laws, jurisdictional laws, privacy and publicity rights, and issues of computer security. 2 credits.

9

10

IPIL: A YEAR IN THE LIFE

HON. JIMMIE REYNA,KATZ FOUNDATION LECTURER

wITH IPIL PROFs. GREG R. VETTER AND CRAIG JOYCE

at The Houston club

THE HONORABLE PAUL R. MIcHEL,DISTINGUISHED JURIST IN RESIDENcE

(wITH PROF. PAUL JANICKE)

PROFs. CRAIG JOYCE AND PAUL JANICKEAT THE FOUNDING OF IPIL

DARREN SMITH, IP STUDENT AT UH LAW cENTER, RECEIVING THE 2012 PAsT PREsIDENTs AwARD IN THE JAN

JANCIN COmPETITION AT THE AIPLA ANNUAL mEETING

PROF. RAY NIMMER AND JEFF DODD CO-AUTHORs, mODERN LICENsING LAw, AND

PREsENTERs, IP AND TECHNOLOGY LICENsING CONFERENCE

sPONsOREDsCHOLARsHIP

GRANTs(“ssGs”)FROm IPIL

SSG FOR FEDERAL cLERKSDMITRY KARSHTEDT

Hon. kImBerLy moore, u.s. court of aPPeaLs for tHe feDeraL cIrcuIt

SSG FOR THE LEGAL AcADEMYRYAN VAccA

unIversIty of akron scHooL of Law

11

IPIL: A YEAR IN THE LIFE

PROF. GREG R. VETTER VIsITs THE FRANKLIN PIERCE CENTER AT THE

UNIVERsITY OF NEw HAmPsHIRE sCHOOL OF LAw

DAVID mCGOwAN, BAKER BOTTs L.L.P. LECTURERIPIL 10TH ANNUAL sPRING LECTURE

AT THE CORONADO CLUB

ZOOPERB!PROFs. JOYCE AND LIPTON wITH FRIENDs

AT THE HOUsTON ZOO

2013 NATIONAL CONFERENCEsANTA FE, NEw mEXICO

IPIL facuLty at tHe Loretto cHaPeL

IPIL PROFS. JOYcE AND JANIcKE TODAY

PROF. SAPNA KUMAR MODERATING IPIL’S

2013 NATIONAL cONFERENcEIN sANTA FE, NEw mEXICO

natIonaL conference Intellectual ProPerty and InformatIon law In the admInIstratIve state

sANTA FE, JUNE 7-8, 2013

PIctureD (Left to rIgHt): craIg Joyce (IPIL), greg r. vetter (IPIL), PauL JanIcke (IPIL), JoHn Duffy (vIrgInIa), cHrIstoPHer yoo (PennsyLvanIa), artI raI (Duke), eDwarD gooLsBy (uHLc - Houston Law revIew), saPna kumar (IPIL), JoHn goLDen (texas), kaLI murray (marQuette), ryan vacca (akron), JacQueLIne LIPton (IPIL), raymonD nImmer (IPIL), aDam canDeuB (mIcHIgan state).

not PIctureD: saraH tran (soutHern metHoDIst), meLIssa wasserman (ILLInoIs)

conference Presenters

feLLows

sPecIaL funDIng acknowLeDgmentDATA FOUNDRY COLOCATION • GIGANEws UsENET • GOLDEN FROG INTERNET TECHNOLOGY

ADAm CANDEUB

Michigan state university college of Lawtransparency in the administrative state

51 hous. L. Rev. _____ (2013)

JOHN F. DUFFY

university of Virginia school of Lawthe inequities of inequitable conduct: a case study

of Judicial control of administrative Process51 hous. L. Rev. _____ (2013)

JOHN m. GOLDEN university of texas school of LawProliferating Patents and Potential

responses to Patents’ “cost disease”51 hous. L. Rev. _____ (2013)

ARTI K. RAI duke Law school

iMPRoving (sofTwaRe) PaTenT QuaLiTy ThRough The adMinisTRaTive PRocess

51 hous. L. Rev. _____ (2013)

CHRIsTOPHER s. YOO university of Pennsylvania Law schoolis there a role for common carriage

in an internet-Based World?51 hous. L. Rev. _____ (2013)

ModeRaTed wiTh inTRoducTion by sAPNA KUmAR

iPiL/Houstonuniversity of Houston Law center

51 hous. L. Rev. _____ (2013)

12

KALI mURRAY

Marquette university Law school sARAH TRAN

southern Methodist university dedman school of LawRYAN G. VACCA

university of akron school of LawmELIssA wAssERmAN

university of illinois college of Law

13For citations to specific articles, please contact housTon Law Review at www.houstonlawreview.org. no conference held in 2006.

PrIor IPIlnatIonal conferences

2001 - 2012

coPyrIght In context44 hous. L. Rev. 815 (2007)

e-commerce and PrIvacy38 hous. L. Rev. 717 (2001)

anita a. allentrotter Hardy

Walter W. Miller & Maureen a. o’rourkeraymond t. nimmer

chris reedJoel r. reidenberg

Holly k. towle

PonderIng Patents: fIrst PrIncIPles

and fresh PossIbIlItIes

50 hous. L. Rev. 287 (2012)

colleen V. chienkevin emerson collins

Paul M. JanickeMark r. PattersonLee Petherbridge

katherine Jo strandburggreg r. Vetter

the future of Patent law39 hous. L. Rev. 567 (2002)

Paul M. JanickeMark d. Janis & Jay P. kesan

craig allen nardtoshiko takenakaJohn r. thomas

trademark In transItIon41 hous. L. Rev. 707 (2004)

graeme B. dinwoodiestacey L. dogan & Mark a. Lemley

a. Michael FroomkinWilliam M. Landes

J. thomas Mccarthygreg r. Vetter

transactIons, InformatIon and emergIng law

42 Hous. L. rev. 941 (2005)

Frank H. easterbrookclayton P. gillette

robert W. gomulkiewiczraymond t. nimmer

robert oakleyr. Polk Wagner

consIderIng coPyrIght40 hous. L. Rev. 609 (2003)

craig JoyceHon. Jon o. newman

William PatryHon. richard a. Posner

alan storyeugene Volokhalfred c. Yen

keith aokithomas F. cotter

craig Joyceroberta rosenthal kwall

Peter s. Menellneil netanel

Patent law In PersPectIve45 hous. L. Rev. 1031 (2008)

Intellectual ProPerty In InternatIonal PersPectIve

46 hous. L. Rev. 975 (2009)

celebratIng coPyrIght’s trI-centennIal

47 hous. L. Rev. 779 (2010)

trademark: today and tomorrow

48 hous. L. Rev. 701 (2011)

rebecca eisenbergPaul J. Heald

Michael MeurerJanice M. Mueller & donald s. chisum

arti k. raigreg r. Vetter

graeme B. dinwoodie & rochelle dreyfusscynthia Ho

charles r. McManisJerome H. reichman

greg r. VetterPeter k. Yu

oren Bracharonan deazley

craig JoyceHon. Pierre n. Leval

david nimmercatherine seville

dianne Zimmerman

ann BartowBarton Beebecraig Joyce

greg LastowkaMark Mckenna

rebecca tushnet

2011 RobeRT bRauneis, george Washington university Law school, Washington, d.c.

2010 Jane winn, university of Washington school of Law, seattle

2009 gRegoRy n. MandeL, temple university Beasley school of Law, Philadelphia

2008 MaRgo a. bagLey, university of Virginia school of Law, charlottesville

2007 cLaRisa Long, columbia university school of Law, new York

2006 John f. duffy, george Washington university national Law center, Washington, d.c.

2005 dan L. buRk, university of Minnesota Law school, Minneapolis

2004 david J. fRankLyn, university of san Francisco school of Law, san Francisco

2003 wiLLiaM f. Lee, Wilmer cutler Pickering Hale & dorr LLP, Boston

2002 hon. PauL MicheL, u.s. court of appeals for the Federal circuit, Washington, d.c.

2001 ysoLde gendReau, université de Montréal, Quebec

2000 JeRRe b. swann, Partner, kilpatrick stockton LLP, atlanta

1999 JosePh sTRaus, Max Planck institute for Foreign and international Patent, copyright and competition Law, Munich

1998 John R. ThoMas, georgetown university Law center, Washington, d.c.

1997 hon. nancy Linck, solicitor, u.s. Patent and trademark office, Washington, d.c.

1996 hon. gLenn aRcheR, PauLine newMan and edwaRd sMiTh, u.s. court of appeals for the Federal circuit, Washington, d.c.

1995 donaLd s. chisuM, author, chisuM on PaTenTs

1994 John PegRaM, Fish & richardson, P.c., new York

PRIOR LECTURERs

2012 ronald a. katZ lectureL-r: craIg Joyce, JacQuI LIPton, Hon. JImmIe reyna (Lecturer), greg r. vetter, anD PauL JanIcke

ANNUAL FALL LEcTURE

The Ronald A. Katz Lectures:Made Possible by a generous gift from ronald and Madelyn katz

14

2012 R. anThony Reese Chancellor’s Professor of Law University of California, Irvine School of Law

2011 PauL goLdsTein Stella W. and Ira S. Lillick Professor of Law Stanford Law School

2010 dougLas LichTMan Professor of Law University of California, Los Angeles, School of Law

2009 wiLLiaM o. hennessey Professor of Law University of New Hampshire School of Law

2008 RobeRT P. MeRges Wilson Sonsini Goodrich & Rosati Professor of Law and Technology; Director, Berkeley Center for Law & Technology University of California, Berkeley, School of Law

2007 JoeL R. ReidenbeRg Professor of Law and Founding Director of the Center on Law and Information Policy Fordham University School of Law

2006 hon. aRThuR J. gaJaRsa United States Court of Appeals for the Federal Circuit

2005 f. scoTT kieff Professor of Law Washington University in St. Louis School of Law

2004 Jane c. ginsbuRg Morton L. Janklow Professor of Literary and Artistic Property Law columbia University School of Law

ANNUAL SPRING LEcTURE

PRIOR LECTURERs

2013 baker botts lectureL-r: greg r. vetter, craIg Joyce, JacQuI LIPton (commentator), DavID mcgowan (Lecturer),

Bart sHowaLter (Baker Botts L.L.P.), scott PartrIDge (Baker Botts L.L.P.), anD roger fuLgHum (Baker Botts L.L.P.)

15

The Baker Botts Lectures: a service and tribute to Houston’s distinguished intellectual Property Bar

PATSTATS.ORGonline Patent Litigation Statistics

PATSTATS.ORG tracks case outcomes for 40 commonly arising issues in modern u.s. patent litigation. offered as a free public service for courts, scholars, and practitioners of patent law, this resource provides research information on decisions rendered each quarter, from January 1, 2000 to the present.

decisions include the reported cases of the district courts, the court of Federal claims, and the international trade commission. reported and unreported Federal circuit decisions also are incorporated.

PATSTATS.ORG issues include Validity decisions, enforceability decisions, Procedural defenses, infringement issues, damages calculations, and special Factors.

to view these materials, visit www.patstats.org.

16

Patstats.org creator Prof. Paul M. Janicke

SPONSORED WEB RESOURcES

PAT

S TAT S

. O R G

cOPYRIGHTKWIK-cHIK rules the airwaves with a bird call that instantly sets toes a-tapping and juices a-flowing. Just punching any of your radio’s pre-set buttons will, within minutes, give Pavlov all the proof he ever needed:

From city slicks to down-home hicks, they’ve got chicken on the brain. if they don’t get their KWIK-cHIK fix, We fear they’ll go insane!

a kWik-cHik bird is where it’s at, You know it’s fast and cheep. We’ve trumped the taste and trimmed the fat, so good it’ll make you weep!

What’s to prevent unprincipled poultry pickpockets from copping the capon crow for their own? under the law of copyright, KWIK-cHIK’s wonderful warble remains the property of KWIK-cHIK’s keepers.

LIcENSING-cONTRAcTS.ORGLicensing Law Materials

this site focuses on the contract law of licensing. Licensing information is not, in law or in fact, equivalent to selling goods or real estate. the hope is that this site will contribute to the growing recognition that a goods-centric view mischaracterizes today’s world.

Licensing is an area of contract law that has unique terms and themes. contracts that license the use of or access to information, technology, data, and other intangible assets are central to the information economy. the law pertaining to them is the subject of this site.

available resources include a compilation of selected cases, plus a compilation of selected articles. in addition, readers are invited to contribute suggestions regarding new materials for inclusion and to contribute to a forum of comments on licensing.

To view these materials and participate in the exchange, please visit www.licensing-contracts.org.

IPINFOBLOG.cOMcontemporary intellectual Property,

Licensing & information Law

this site offers a continuing dialogue on contemporary iP, licensing, and information law issues, hosted by dean nimmer.

To participate in this blog, please visit www.ipinfoblog.com.

PROGRAM ON LAW AND cOMPUTATIONapplying advanced computational techniques

to the study and understanding of Law

the Program on Law and computation studies the ways in which advanced computation can further the understanding of law. its focus includes empirical methods, statistics, finance, actuarial finance, game theory, decision theory, network theory, computational linguistics, data mining, theories of computation, artificial intelligence, machine learning, and the economic analysis of law.

To learn more, please visit www.law.uh.edu/polac/homepage.html.

SPONSORED WEB RESOURcES

17

PATENTevery KWIK-cHIK chicken is 99.44 percent fat-free – thanks to a special air-drying technology developed by the company’s founder. competitors who believe they have free range to copy the process will find their way blocked by profuse patent protections. Before trying to kidnap the KWIK-cHIK kernel, these petty pulleteers beste keep abreast of patent laws which, brooded over by KWIK-cHIK’s crack Lean team Legal Machine, protect the inventions that help hatch the company’s competitive advantage.

SPEcIAL EVENTS provide the opportunity for iPiL, other academic institutions, intellectual property and information law practitioners, and the judiciary to focus on current issues and to explore solutions for critical legal problems associated with creative expression and new technologies.

29TH ANNIVERSARY ANNUAL INSTITUTEON INTELLEcTUAL PROPERTY LAW GALVESTON,

TEXAS this conference secures national experts

to review the latest developments andtrends in intellectual property and

information law.

IPIL HOSTS LIcENSING EXEcUTIVE SOcIETY (LES) EVENT:

IP & LIcENSING BASIcSthe course is taught by both legal and

business experts to build practical understanding of core iP and

licensing concepts.

SPEcIAL EVENTS

18

L-R: Dennis W. Mccullough, innovcore technology Management consultants LLc;

Louise Levien, exxonMobil upstream research company; Jeffrey Whittle,

Bracewell & giuliani

Moody Gardens Pyramids galveston, texas

TRADEMARKgold-metal taste and speedy deliveries are the hallmarks of Miss KWIK-cHIK, the high-flying heroine of champion chickens at franchises from coast to coast. adorned in track suit and sneakers, Miss KWIK-cHIK is revered by fans of all ages, and every KWIK-cHIKLET snappy snack contains a “chicken scratch” game card that could win a personal appearance with the fleet-footed fast-food superstar. can anyone filch Miss KWIK-cHIK’s feathers and copy her costume for their own use? trademark protections are the white meat of intellectual property law, and anyone facing the severity of their sanctions would be wise to chicken out – lest they become birdmen of alcatraz.

IPSO is the organization for students of intellectual property and information law at the university of Houston Law center. it promotes awareness of intellectual property and information law issues at the uH Law center, provides networking opportunities among students and intellectual property and information law practitioners in the community, and collaborates with iPiL in carrying out its various programs.

STUDY ABROAD OPPORTUNITIES are available to Law center students. the north american consortium for Legal education (nacLe) at uH offers exchanges with member institutions in canada and Mexico. uHLc J.d. and LL.M. students also have traveled to europe to exchange ideas with counterparts from the Max Planck institute in Munich and to tour the World intellectual Property organization and the World trade organization in geneva.

ANNUAL STUDENT cOMPETITIONSiP students of the Law center participate in many competitions both locally and nationwide such as the giles s. rich Moot court competition.

STUDENT INTERESTS

19

TRADE SEcRETSthere’s no mystery behind the zest and zing of a KWIK-cHIK chicken. it’s all there in black and white – but the recipe is locked inside the company’s vault and is protected by fire wire, chicken wire, and a whole lot more. are the bird blueprints safeguarded against all capon capers? thanks to the trade secret protections found in intellectual property law, the core value of the company

and its products, the guts and gizzards of the enterprise remain secure.

anyone who attempts to pluck the potent papers is guaranteed to run afoul of

the law.

UH LAW cENTER’S LEGAL INFORMATION RESOURcES

LAW ScHOOLS ARE BUILT AROUND THEIR LIBRARIES. the o’Quinn Law Library offers one of the region’s leading legal research facilities.

With a combination of print and electronic resources, the library supports the research needs of uH Law center students and faculty, with exceptional depth in the iP, health law, tax, international law, and energy and environment specialties of the Law center. the Judge Brown admiralty collection, Frankel rare Books Library, and u.s. government depository documents round out the uH Law center’s print collection.

the law library provides many specialized online databases, supplying information not available in the popular legal research services or in print. the integrated library system

provides access to all the library’s print and online resources, as well as the research collections of the uH Libraries. a wireless network provides easy access to the

uH Law center’s network and online subscriptions. above all, our highly trained, service oriented lawyer librarians ensure that students and

faculty receive the full value of our exceptional legal research library.

20

INFORMATION LAW

Pull up to any KWIK-cHIK drive-through, and a smiling cackler will cluck greetings to you by name and ask if you want to place your usual order. thanks to a database that uses license plates to record customer preferences, KWIK-cHIK adds an important measure of customer service to the dozens of herbs and spices that leave the company a leg, thigh, and wing up on the competition. Who owns the database? the u.s. supreme court has held that data generally cannot be copyrighted, but new information law doctrines are hatching which will help protect a company’s database investments. the legal tab for anyone plucked trying to descramble KWIK-cHIK’s golden egg promises to be anything but chicken feed.

For further information about course offerings and iPiL/Houston programs, please contact the INSTITUTE FOR INTELLEcTUAL PROPERTY & INFORMATION LAW at 713.743.2180 or by email at ipil@uh.edu.

cONTAcT INFORMATION

University of Houston Law centerInstitute for Intellectual Property & Information Law100 Law centerHouston, texas 77204-6060713.743.2180www.law.uh.edu/ipil ipil@uh.edu

University of Houston Law centerJ.D. AdmissionsOffice of Admissions100 Law centerHouston, texas 77204-6060713.743.2280lawadmissions@uh.edu

University of Houston Law centerLL.M. AdmissionsGraduate Legal Studies Program100 Law centerHouston, texas 77204-6060713.743.2080llm@uh.edu

onLine aPPLications: www.law.uh.edu

IPIL MISSIONS

PROVIDE legal education of the highest quality in the fields of intellectual property and

information law to help prepare law students and lawyers for the challenges of

practicing law in a nationally and internationally integrated economy

ADVANcE the development of intellectual property and information law by promoting and

disseminating research by uH Law center faculty and by sponsoring excellence in iP

and iL scholarship by others

SERVE texas and the nation by providing an internationally recognized center for the

exchange of ideas on intellectual property and information law

cONTRIBUTE to international cooperation among scholars and practitioners in these fields

from all nations

0073040148University of Houston Law centerInstitute for Intellectual Property & Information Law100 Law centerHouston, texas 77204-6060www.law.uh.edu/ipil

adolph Locklarakin gump strauss Hauer

& Feld LLPandrews kurth LLParnold & knobloch, L.L.P.Baker Botts L.L.P.Baker Hughes incorporatedBoulware & ValoirBracewell & giuliani LLPconley rose, P.c.data Foundry colocationexxon Mobil corporationgiganews usenetgolden Frog internet technologygreenberg traurig, LLPHeim, Payne & chorush, L.L.P.katz Family Foundation Fund

Lexicon PharmaceuticalsMayer Brown LLPnielsen iP Law LLcnorton rose Fulbrightnovak druce + Quigg LLPosha • LiangPorter Hedges LLPshell oil companyshook, Hardy & Bacon LLPsusman godfrey LLPsutton Mcaughan deaver PLLcthompson & knight LLPtotal Petrochemicals usa, inc.univation technologiesVinson & elkins LLPWong, cabello, Lutsch, rutherford

& Brucculeri, L.L.P.

sPONsORs/sUPPORTERstHe institute For inteLLectuaL ProPertY & inForMation LaW at the university of Houston Law center acknowledges the generosity of the following sponsors and supporters:

Meg Boulware • ed Fein • ronald and Madelyn katz • steve kochPaul krieger • Bill LaFuze • raul Montes • Peter strand • Bill Walker • russell Wong

uH is an eeo/aa institution.