NEWS and Events
Second Annual Evil Twin Debate
On April 4, 2008, the IP Institute will host the Second Annual Evil Twin Debate. The Evil Twin Debate Series brings together scholars who disagree on an important intellectual property topic, but who can air their disagreements in a friendly exchange—serious in substance but lighthearted in tone. This year’s debate will feature Professor Stacey Dogan of Northeastern University School of Law and Professor Mark McKenna of St. Louis University School of Law, debating The Trademark Use Doctrine. For details, see the Evil Twins web page.
IP Institute to Host Inaugural Biotech Forum
The Intellectual Property Institute at the University of Richmond will host its inaugural Biotech Forum on November 28, 2007. Attorney and noted biotech expert Leslie A. Platt and associates from the D.C. office of Pillsbury Winthrop Shaw Pittman LLP will present Building Biotech: Global Issues and Trends in Bioscience Research & Development.
Professor Gibson Recognized as a Distinguished Educator
James Gibson, Associate Professor of Law at the University of Richmond School of Law, was honored by the University of Richmond on August 22, 2007, with a University Distinguished Educator Award, recognizing him as one of the rising stars among faculty members on our campus.
Professor Cotropia Contributes Chapter to Patent Law and Theory
Professor Cotropia's chapter titled Compulsory Licensing Under TRIPS and the Supreme Court of the United States' Decision in eBay v. MercExchange will be published in Patent Law and Theory: A Handbook of Contemporary Research in 2008. A draft of the chapter can be found here.
Professor Osenga Presents Article at Multiple Conferences
In August, Professor Osenga presented her work titled The Componentization of Information at the Intellectual Property Scholars Conference at DePaul University College of Law. She will also present her article at the Emory Faculty Speaker Series and at a symposium on "Feist, Facts, and Functions: IP Protection for Works Beyond Entertainment" at the George Washington University Law School in September.
Professor Cotropia Contributes to the Encyclopedia of the Supreme Court of the United States
The Encyclopedia of the Supreme Court of the United States, to be published in 2008, will include a chapter titled Internet written by Professor Cotropia.
IP Institute Hires New Director
Melanie C. Holloway has joined the Richmond Law faculty as Director of the Intellectual Property Institute. More information about the new Director and all of Richmond Law's new and visiting faculty can be found here.
Professors Gibson and Osenga Present Works in Progress at SEALS Conference
Professors Gibson and Osenga each presented a work in progress at the annual conference of the Southeastern Association of Law Schools in Amelia Island, Florida. Professor Gibson presented a paper titled Reasonableness, and Professor Osenga presented The Componentization of Information as part of an IP panel discussion.
Professor Gibson Gives Keynote Address and Conducts Seminar at UCSD Conference
Professor Gibson gave the keynote addres, "Intellectual Property and the University Mission," at the 2007 ResNet conference at the University of California, San Diego, on June 24. On the previous day he conducted a seminar for conference attendees titled "Copyright, Colleges, and the DMCA."
Professor Cotropia Addresses the Association of Corporate Counsel
Professor Cotropia participated in a panel discussion titled, The "Obvious" and "Non-Obvious" Impacts of KSR v. Teleflex, for the Association of Corporate Counsel Intellectual Property Committee, in May 2007. To view the webcast, click here.
Professor Gibson Responds to Harvard Professor at Symposium
On May 22, Professor Gibson offered remarks in response to a presentation titled Utopian Visions of Copyright: Tweak, Transform, or Opt Out by Professor Terry Fisher of Harvard Law School. The exchange took place at the University of Maryland Center for Intellectual Property's Seventh Annual Symposium on Intellectual Property: Copyright Utopia-Alternative Visions, Methods and Policies.
Professor Osenga To Speak at AIPLA Spring Meeting
Professor Osenga will discuss Implications of MedImmune v. Genentech, Inc. at the American Intellectual Property Law Association's spring meeting on May 9, 2007, in Boston.
Professor Cotropia Testifies Before Congress
Professor Cotropia testified before the full Senate Judiciary Committee on May 1, 2007, on the issue of process patents and patent reform. More information, and a copy of his written testimony, can be found here.
Professor Osenga To Be Published in Arizona St. Law Journal
Professor's Osenga article Ants, Elephant Guns, and Statutory Subject Matter will be published in the Arizona State Law Journal in early 2008.
Professor Cotropia Moderates ABA Panel
Professor Cotropia moderated the panel Re-Writing Patent Law: The Supreme Court’s Decisions in MedImmune, KSR and Microsoft at the Twenty-Second Annual American Bar Association Intellectual Property Law Conference held in Washington, DC, on April 12, 2007.
Professor Gibson Publishes Yale Law Journal "Pocket Part"
Professor Gibson published a short, informal summary of his latest article (Risk Aversion and Rights Accretion in Intellectual Property Law), on the Yale Law Journal "Pocket Part" web site in April 2007. The web site also includes responses to his article by Professors Wendy Gordon of Boston University School of Law and Rebecca Tushnet of Georgetown University Law Center.
Professor Cotropia Published in Notre Dame Law Review
Professor Cotropia's article Nonobviousness and the Federal Circuit: An Empirical Analysis of Recent Case Law was published in the Notre Dame Law Review in March 2007.
Professor Gibson Presents at "What If?" Conference
On March 30, 2007, Professor Gibson presented What If We Used IP Rights To Impede Evil Industries? at Michigan State University School of Law's conference on What Ifs . . . and Alternative Stories in Intellectual Property and Cyberspace Law. A live blog account of the presentation can be found here.
Professor Cotropia Testifies Before ITC
Professor Cotropia testified before the International Trade Commission on March 22, 2007, on the issue of whether the Commission should issue a downstream exclusionary order covering cell phone handsets containing certain infringing computer chips. A copy of his written testimony can be found here.
Professor Gibson Published in Yale Law Journal
Professor Gibson's article Risk Aversion and Rights Accretion in Intellectual Property Law was published in the Yale Law Journal in March 2007.
Professor Cotropia Gives a Talk to GRIPLA
Professor Cotropia gave a talk on Intellectual Property Injunctions after eBay before the Greater Richmond Intellectual Property Association on March 13, 2007.
Richmond IP Moot Court Team Competes in New York
On February 24, 2007, in New York City, the first-ever intellectual property moot court team from the University of Richmond School of Law competed in the regionals of the Saul Lefkowitz Moot Court Competition. The team, coached by Professor Osenga, finished seventh after oral argument—a great start for our inaugural team.
Professor Cotropia Presents a "Modest Proposal"
Professor Cotropia presented Reforming Patent Law's Disclosure Requirements at the Some Modest Proposals 3.0 conference held at the Benjamin N. Cardozo School of Law on February 20, 2007.
Professor Gibson Gives Talk to North Carolina IP Attorneys
Professor Gibson presented Risk Aversion and Rights Accretion in Intellectual Property Law to the members of the Triangle Intellectual Property Law Association in Raleigh, North Carolina on February 19, 2007.
Richmond Professors Speak at Symposium
Professors Gibson and Cotropia participated in the Eighth Annual Intellectual Property Symposium at the University of Texas School of Law on February 9, 2007. Professor Gibson presented Risk Aversion and Rights Accretion in Intellectual Property Law and Professor Cotropia presented Reintroducing Invention into Patent Scope and Patent Theory.
Evil Twin Debate Series Debuts
On February 2, 2007, the IP Institute hosted the inaugural Evil Twin Debate, featuring Professor Shubha Ghosh of SMU Dedman School of Law and Professor Adam Mossoff of Michigan State University College of Law. The topic was Is Intellectual Property “Property”? Pharmaceutical Patents and Regulatory Takings. The Evil Twin Debate Series brings together scholars who disagree on an important intellectual property topic, but who can air their disagreements in a friendly exchange—serious in substance but lighthearted in tone. For a video of the debate, see the Evil Twin web page.
Professor Cotropia Speaks at AIPLA Mid-Winter Meeting
Professor Cotropia gave a talk on Fraud before the Trademark and Copyright Offices at the American Intellectual Property Law Association's Thirtieth Mid-Winter Institute, held in New Orleans on January 27, 2007.
Professor Gibson Discusses Technology and Privacy
Professor Gibson gave a talk titled Privacy, Technology, and Privacy at the Mid-Atlantic People of Color Legal Scholarship Conference on January 26, 2007.
Professor Osenga Presents Article at Conference
Professor Osenga presented The Componentization of Information at the Fourth Annual Intellectual Property and Communications Law and Policy Scholars Conference at Michigan State University on January 26, 2007.
Professor Cotropia Authors Book Chapter
Professor Cotropia has contributed a chapter titled Nonobviousness as an Exercise in Gap Measuring to the book Intellectual Property and Information Wealth (P. Yu ed., Praeger Publishers 2006).
Richmond IP Students Form Moot Court Team
The competition for the inaugural Richmond Law intellectual property moot court team is over, and the winners are Cris Whitman, Eileen Geller, Gurpreet Dhillon, and Ben Silbert. They will represent Richmond Law at the Saul Lefkowitz Moot Court Competition starting on February 24, 2007. Professor Osenga will coach.
Professor Cotropia Published in BYU Law Review
Professor Cotropia's article Patent Law Viewed Through an Evidentiary Lens: The "Suggestion Test" as a Rule of Evidence was published in the Brigham Young University Law Review in December 2006.
Professor Cotropia Gives Two Talks on Patent "Obviousness"
Professor Cotropia gave two talks on the "obviousness" standard in patent law, in conjunction with the University of Texas School of Law's Advanced Patent Law Institute. The first, sponsored by the George Mason School of Law, took place at the U.S. Patent and Trademark Office in Alexandria, Virginia on November 16, 2006. The second, sponsored by the Berkeley Center for Law and Technology and Stanford Law School, took place in San Jose, California on November 30, 2006.
Professor Osenga Presents Article at Symposium
Professor Osenga's article Trying to Kill an Ant with an Elephant Gun: The Patent Office, Computer Software, and Statutory Subject Matter was commissioned for and presented at the What’s Ahead on Highway 101 symposium sponsored by George Washington School of Law and Oracle Corporation, on November 3, 2006. Professor Cotropia served as one of the commentators at the presentation.
Professor Cotropia Discusses Supreme Court eBay Case
Professor Cotropia gave a talk on the controversial Supreme Court decision, eBay v. MercExchange, at the Berkeley/Santa Clara University Conference on Patent Law, in Santa Clara, California, on October 27, 2006.
Professor Gibson Speaks at File-Sharing Panel
Professor Gibson served on a panel discussing Myth & Ethics: P2P File Sharing Round III at George Mason University on October 11, 2006.
Professor Gibson Discusses Fair Use and Google Book Search
Professor Gibson gave a talk on Fair Use in the Digital Age: Google Book Search at the Virginia State Bar's annual Intellectual Property Conference on October 6, 2006.
Experts Debate Whether Courts Should "Specialize"
On October 5, 2006, the IP Institute hosted a panel (video available) on the wisdom of having federal courts that specialize in a particular subject matter, such as the U.S. Court of Appeals for the Federal Circuit. Judge S. Jay Plager of the Federal Circuit moderated a discussion among Judge Kent A. Jordan of the U.S. District Court for the District of Delaware, Professor Craig A. Nard of Case Western Reserve University School of Law, Ryan Triplette, Esq. of the Senate Committee on the Judiciary, and Professor Carl W. Tobias of the University of Richmond School of Law.
Professor Cotropia Co-Authors Supreme Court Amicus Brief
Professor Cotropia has co-authored an amicus curiae brief in a patent case pending before the Supreme Court of the United States. The litigation, KSR International v. Teleflex, deals with the contours of the "nonobviousness" requirement for patents. Professor Cotropia and fourteen co-signing amici argue for continued use of the "teaching, suggestion, or motivation to combine" (TSM) test for determining obviousness.
Professor Osenga Presents Article at University of Maine
Professor Osenga presented her article Rembrandts in the Research Lab: Why Universities Should Take A Lesson from Big Business to Increase Innovation at the symposium Closing in on Open Science: Trends in Intellectual Property and Scientific Research at the University of Maine School of Law on September 29, 2006. The article will be published in the Maine Law Review in early 2007.
Richmond Professors Present Papers at Scholars Conference
Professors Gibson and Osenga presented papers at the Sixth Annual Intellectual Property Scholars Conference on August 10-11, 2006, at University of California-Berkeley's Boalt Hall School of Law. Professor Gibson presented Risk Aversion and Rights Accretion in Intellectual Property Law and Professor Osenga presented Mob Mentality and the Federal Circuit.
Professor Osenga To Be Published in Rutgers Law Journal
Professor's Osenga article Linguistics and Claim Construction will be published in the Rutgers Law Journal in early 2007.
NCEP Featured in Chronicle of Higher Education
The Chronicle of Higher Education published an article on the IP Institute's National CyberEducation Project in its May 19, 2006 issue. The article describes the NCEP's unique approach to educating college students about intellectual property law, including its Copyright Roadshow and What Do You Think? documentary.
IPI Releases Survey on College Student File-Sharing Habits
According to the IP Institute's survey of college students, more than one-third (34%) of college students are illegally downloading music from free peer-to-peer file sharing networks.
Our What Do You Think? Documentary Is Available
The IP Institute's National CyberEducation Project has produced a documentary on file-sharing and intellectual property, with a focus on college campuses. Take a look, and feel free to email us at ipi@richmond.edu to let us know what you think.
Richmond IP Blog Goes Live
The beta version of the Richmond IP Blog is now live. The blog is a collaborative effort of the Intellectual Property Institute's National CyberEducation Project and the Student Intellectual Property Law Association. It covers the latest news about intellectual property in the digital age, presented in plain English, with concise summaries of top issues and links to available resources. The final version of the blog will be available in the near future, but in the meantime we welcome your feedback, suggestions, and advice as we finalize the beta version.
Dean Smolla Moderates "Copyright in Cyberspace" Panel
On April 27, 2005, Dean Smolla moderated the "Copyright in Cyberspace" program (video available) hosted by The Media Institute in Washington, D.C. The panel discussion included Marybeth Peters, the Register of Copyrights; Don Verrilli, a partner at Jenner & Block who argued the Grokster case before the Supreme Court on behalf of the entertainment industry; and renowned American University law professor Peter Jaszi.
Professor Gibson Files Amicus Brief in Supreme Court Case
Professor James Gibson wrote and filed an amicus curiae brief urging the U.S. Supreme Court to reverse an important ruling on Internet file-sharing, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004).
Dean Smolla Publishes Slate Commentary on Grokster Case
Dean Smolla published a thought-provoking essay You Say Napster, I Say Grokster: What Do You Do When Technology Outpaces the Law? on Slate.com. It addresses the Supreme Court's decision to hear the Grokster file-sharing case.
Professor Gibson Publishes Op-Ed On File Sharing
Professor Gibson published an op-ed, File-Sharing Delusions, in the Providence Journal. The editorial debunks some common misconceptions about the legality and ethics of peer-to-peer file sharing. it has since been syndicated and published by a number of other papers as well.
Professor Gibson Files Amicus Brief Urging Supreme Court to Hear Grokster case
Professor James Gibson wrote and filed an amicus curiae brief urging the U.S. Supreme Court to review an important ruling on Internet file-sharing, Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 380 F.3d 1154 (9th Cir. 2004).