Intellectual Property Institute
University of Richmond School of Law
28 Westhampton Way
Richmond, Virginia 23173
Phone: (804) 287-6398
IP Institute Recent News
- Professor Kristen Osenga has the following publications forthcoming: Debugging Software's Schemas, George Washington Law Review (forthcoming 2014); Formerly Manufacturing Entities – Not Your Typical Patent Trolls, University of Connecticut Law Review (forthcoming 2014).
- Professor Osenga gave a briefing for Senate members and staffers on pending patent troll legislation April 2014.
- Professor Osenga also had an op-ed in Daily Caller re: Akamai case
- Professor Osenga gave presentations at CPIP-WARF conference From Lab to Market: How Intellectual Property Secures the Benefits of R&D and a faculty colloquy at Elon Law School.
- Professor Osenga was also a guest blogger at PrawfsBlawg in May.
- Professor Chris Cotropia has the following forthcoming publications: Unpacking Patent Assertion Entities (PAEs) 99 Minn. L. Rev. __ (forthcoming 2014) (co-authored with Jay Kesan and David Schwartz); Is Patent Claim Interpretation Deference or Correction Driven? 2014 BYU L. Rev. __ (forthcoming 2014); The Dominance of Teams in the Production of Legal Knowledge 124 Yale L.J. F. __ (forthcoming 2014) (co-authored with Lee Petherbridge).
- Professor Cotropia also gave the following talks: Unpacking Patent Assertion Entities (PAEs) at the Annual Meeting, American Law and Economics Association, Chicago, Ill., May 8, 2014; IP Surprise! Defensive Patent Aggregators (Anti-Trolls) April 2014 at New York Law School; Are Patent Assertion Entities Responsible for the Rise in Patent Suits? February 2014 Federal Circuit Bar Association Webcast; Copyright's Topography: An Empirical Study of Copyright Litigation January 2014 at the Steps Toward Evidence-Based IP Symposium, University of Texas School of Law; Patent Assertion Entities (PAEs) Under the Microscope January 2014 for the Licensing Executives Society, Austin, Texas; Patentable Subject Matter: Software and Business Methods January 2014 at the United States Patent and Trademark Office.
- Research Fellow Cecil Quillen updated the data and charts of his FY 2012 PTO study with Professor Cotropia through FY 2013. This update was the subject of reporting by Tim Lee.
- Professor Jim Gibson and Professor Cotropia's article Copyright's Topography: An Empirical Study of Copyright Litigation 93 Tex. L. Rev. __ is forthcoming.
- Professor Jim Gibson, with Professor Corinna Lain, wrote two op-eds, found here and here, regarding the pharmaceutical industry and death penalty.
- Professor Gibson was also a discussant at The Moral and Philosophical Foundations of Property, Marshall Center Faculty Seminar, Jepson School of Leadership Studies, University of Richmond, May 15-17, 2014.
- On May 21, 2014, Professor Gibson's interview regarding federal study of arbitration clauses in consumer contracts aired on a Local NBC TV station, available here. The interview was reprinted as CFFB Explores Arbitration Clauses, LEGAL MONITOR WORLDWIDE, May 22, 2014.
- Professor Gibson was also quoted in Christina Sterbenz, How Sketchy Streaming Sites Really Work—and Why Some Are Legal, BUSINESS INSIDER, April 24, 2014.
- The Seventh Annual Evil Twin Debate took place on November 15, 2013. Professor Mark Janis of Indiana University Maurer School of Law and Professor Andrew Torrance of University of Kansas School of Law debated the topic Design Patents: Great Idea, or Greatest Idea? A video of the debate is available on our YouTube channel. The proceedings start about thirty-five seconds in.
- The Intellectual Property and Transactional Law Clinic is back in business and off to a great start, having filed three trademark applications with the U.S. Patent & Trademark Office during the fall semester and provided legal representation to over a dozen entities. In addition to supervising students in the clinic, Professor Lainez is coordinating a community education event on product branding and trademark prosecution for Richmond-area small businesses. She will also serve as moderator for the Law Practice Technology panel at the law school's 2014 Technology Boot Camp.
- Professor Osenga has received a Thomas Edison Innovation Fellowship from the Center for Protection of Intellectual Property (CPIP) at George Mason University. In January she participated in a CPIP roundtable, Patented Inventions and Promoting Innovation, and in March she will speak on The Shrinking Scope of Patentable Subject Matter at a CPIP conference, From Lab to Market: How Intellectual Property Secures the Benefits of R&D.
- Professor Osenga will also present at Elon University School of Law's faculty colloquy in April and will do a press call for the Federalist Society preceding oral arguments in two patent cases at the Supreme Court this spring, Highmark Inc. v. Allcare Management Systems and Octane Fitness v. Icon Health & Fitness.
- Professor Cotropia's publications have been making quite a splash. His article Do Applicant Patent Citations Matter? (co-authored with Mark Lemley and Bhaven Sampat) has more than a thousand downloads on SSRN. Patent Applications and the Performance of the U.S. Patent and Trademark Office (co-authored with Cecil Quillen and Ogden Webster) has received a lot of attention in the popular press.
- Professor Cotropia also has several works in progress: Patent Assertion Entities (PAEs) Under the Microscope: An Empirical Investigation of Patent Holders as Litigants (co-authored with Jay Kesan and David Schwartz, and cited by multiple witnesses at congressional hearings on the "patent troll" controversy), Is Patent Claim Interpretation Review Deference or Correction Driven?, and The Dominance of Teams in the Production of Legal Knowledge (co-authored with Lee Petherbridge and selected for presentation at the Workshop on Empirical Methods in Intellectual Property, sponsored by the U.S. Patent & Trademark Office and Chicago-Kent College of Law).
- Professor Osenga’s article Still Aiming at the Wrong Target: A Case for Business Method and Software Patents from a Business Perspective will be pubished by Cambridge University Press in the forthcoming book Patents & Entrepreneurship in Business & Information Technologies.
- Professor Lainez has co-authored two articles. The first, Enriching the Law School Curriculum: The Rise of Transactional Legal Clinics in U.S. Law Schools , was recently published by the Washington University Journal of Law & Policy. The second, Viewing Value Creation by Business Lawyers Through the Lens of Transactional Legal Clinics, will be published in the UC Davis Business Law Journal.
- Professors Cotropia's and Gibson's paper Copyright's Topography: An Empirical Study of Copyright Litigation was featured at the Texas Law Review symposium Steps Toward Evidence-Based IP and will be published in the Texas Law Review later this year. The paper was also presented at the Fifty-First Annual Conference on Intellectual Property Law at the Center for American and International Law's Institute for Law and Technology in November and at the Thomas Jefferson Intellectual Property Inn of Court in October
- In January, Professor Lainez spoke on a panel, Value Creation by Business Lawyers in the Twenty-First Century, at the Transactional Law & Skills Section of the AALS Annual Meeting in New York City.
- In November, Professor Osenga spoke at a George Washington University Law Review symposium, Cracking the Code: Ongoing Section 101 Patentability Concerns in Biotechnology and Computer Software. Her essay Debugging Software's Schemas will be published in the law review's symposium issue.
- In October, Professor Gibson moderated a panel on Social Media and Discovery at the Richmond Bar Association's Bench-Bar Conference and also served a commentator at the Junior Scholars in Intellectual Property conference at Michigan State University College of Law.
- In October, Professor Cotropia presented Ethical Conflicts in Intellectual Property Law at the Greater Richmond Intellectual Property Lawyers Association, Rising USPTO Prosecution Fees and Their Impact on Patent Attorneys and Patent Quality at the Workshop on Empirical Methods in Intellectual Property at Chicago-Kent College of Law, and Patent Exhaustion and Patent Licensing at the Twenty-Fifth Annual Virginia State Bar IP Seminar. The previous month, he spoke on Significant Recent Developments: International Trade and FTA at the 2013 Federal Bar Association International Series in Toronto.
- Professor Gibson made several recent appearances on the news: WWBT aired an interview on a consumer class-action suit against Google and also featured his research in a segment on fine print in consumer contracts. WTVR interviewed him about provisions in the Henrico County school superintendent's contract.
- All three of the IPI's research faculty have won Leonardo da Vinci Fellowship grants from the Center for the Protection of Intellectual Property ("CPIP") at George Mason University School of Law. Professor Osenga's fellowship is for her paper tentatively titled The (Ever-Growing) Attack on the Patent System. Professors Cotropia and Gibson won for their work in progress, Copyright's Topography: An Empirical Study of Copyright Litigation. The grants include honoraria and support for research and promotion.
- Professor Osenga was also awarded a CPIP Thomas Edison Innovation Fellowship, part of a year-long non-resident program that brings together scholars to develop research papers on patent. And earlier this summer she attended the University of Richmond Faculty Academy to develop new technology-assisted classroom pedagogy.
- Professors Cotropia and Gibson presented their Copyright's Topography paper at the Richmond Law Summer Colloquy series and at the 2013 Intellectual Property Scholars Conference at Cardozo School of Law.
- Fourteen students received IP Certificates at this year's graduation—the second-most ever—with a record eleven earning the Certificate "with distinction." In addition, several students received IP awards at graduation. Simone Raess, Mike McCollum, and Joe Smith won the ABA/BNA Award for Excellence for their "superior academic performance in the field of intellectual property," and Caroline Fox won the Greater Richmond Intellectual Property Association Award for her "enduring contribution to the study of intellectual property law."
- Professor Osenga's article Information May Want To Be Free, But Information Products Do Not has been selected for reprinting in the book Intellectual Property & Digital Content, part of the Critical Concepts in Intellectual Property Law series.
- WRVA radio interviewed Professor Gibson twice—once on May 10 regarding businesses that subpoena ISPs to discover the identity of users posting bad reviews, and again on June 18 regarding the class action suit over the copyright in "Happy Birthday."
- Professor Cotropia's article Is Patent Claim Interpretation Review Deference or Correction Driven? is the subject of a guest post on the popular Patently-O blog.
- Professor Osenga presented Viewing the Patent System as a Complex Adaptive System at Patcon3, the Third Annual Patent Conference at Chicago-Kent College of Law. She also moderated a panel on the Supreme Court decision in AMP v. Myriad Genetics for the Federalist Society.
- Professor Gibson was quoted and his research on consumer contracts was discussed in a New York Times article, Novel-Length Contracts Online and What They Say. The same research was also featured in a “New In Print (Bonus Edition)” post at the Contracts Prof Blog.
- Professor Cotropia has posted two drafts of new empirical papers on SSRN, Is Patent Claim Interpretation Review Deference or Correction Driven? and The Dominance of Teams in the Production of Legal Knowledge.
- Professor Gibson appeared on NBC12 in May to discuss privacy in zip codes and in June to discuss the confidentiality of iPhone Siri searches.
- Professor Cotropia has been named an inaugural Austin Owen Research Fellow at the law school, honoring him for his impressive body of intellectual property scholarship.
- In February, Professor Gibson was interviewed on NBC12 twice—once regarding an FTC report on children's privacy protection and mobile apps, and a second time regarding fake online profiles on social media sites.
- Professor Osenga created a podcast as part of the Federalist Society’s SCOTUSCast series, discussing the Supreme Court's decision in Kirtsaeng v. John Wiley & Sons, which addressed the cross-border implications of copyright's first sale doctrine. Professor Gibson also posted an essay on the Kirtsaeng ruling as part of the Media Institute's IP Issues series.
- Professor Cotropia's article Do Applicant Patent Citations Matter? Implications for the Presumption of Validity (co-authored with Mark Lemley and Bhaven Sampat) was published in the peer-reviewed, multi-disciplinary journal Research Policy. In addition, he and IPI Research Fellow Cecil Quillen have co-authored Patent Applications and the Performance of the U.S. Patent and Trademark Office, which will appear in the Federal Circuit Bar Journal in September.
- Professor Gibson's article Vertical Boilerplate was published in the Washington & Lee Law Review. A shorter version called Click To Agree—complete with great graphics—was featured in the Winter 2013 issue of Richmond Law magazine. The paper also won the Call for Papers for the 2013 SEALS Conference and will be honored at a special luncheon in August.
- Professor Osenga's article The Internet is Not a Super Highway: Using Metaphors to Communicate Information and Communications Policy was published in the peer-reviewed Journal of Information Policy. She also published a response piece titled What Do America’s First Patents Have to Do with Today’s? in the Florida Law Review Online Forum.
- A Google Scholar Metrics study found that Professor Gibson's 2007 article, Risk Aversion and Rights Accretion in Intellectual Property Law, is the twentieth most cited of all articles published in top law reviews from 2007 through 2011.
Intellectual Property Institute