Chicago IP Attorney & Lawyer : R. David Donoghue : Chicago IP Litigation Blog

Chicago Kent has an excellent program coming up on September 30, 2010 at 1:00pm. Kent has gathered a very impressive group of experts to kick off its inaugural Supreme Court Intellectual Property Review. The Northern District's own Judge Zagel will be a featured speaker.

The program promises to address the big IP decisions from last year's Supreme Court: American Needle, Inc. v. NFL, Bilski v. Kappos, and Reed Elsevier, Inc. v. Muchnick. The event will also look at significant IP cases that await certiorari decisions, including Costco v. Omega, S.A., and Schwarzenegger v. Entertainment Merchants Ass’n.

In addition to Judge Zagel, the impressive panel includes:

• Donald Chisum, author of Chisum on Patents, Patent Law Digest and Chisum Patent Law Reference Guides;
• Roy T. Englert, Jr., of Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP (counsel for Costco);
• Randal C. Picker, Paul H. and Theo Leffmann Professor of Commercial Law at the University of Chicago Law School; and
• Paul M. Smith of Jenner & Block LLP (counsel for Entertainment Merchants Association and Entertainment Software Association).

Other speakers include: 

• Thomas C. Goldstein of Akin Gump Strauss Hauer & Feld LLP and publisher of SCOTUSblog;
• Deborah Jones Merritt, John Deaver Drinko-Baker & Hostetler Chair in Law at Moritz College of Law, Ohio State University (court-appointed amicus in Reed Elsevier);
• Jeffrey M. Carey, general counsel of American Needle, Inc.; and
• Scott E. Gant of Boies, Schiller & Flexner LLP.

The program is free of charge, but requires registration. Contact Patricia O’Neal at (312) 906-5128 or ipconference@kentlaw.edu for registration or more information.

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The annual Chicago IP Colloquium continues next Tuesday, April 12, 2010.  The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law  to discuss a range of issues in intellectual property and cyberspace law based upon papers by six nationally renowned intellectual property scholars.  The sessions are uniformly excellent, and well worth your time.  The next session will be Tuesday, April 12 from 4:10 pm to 5:50 pm at Chicago-Kent College of Law, Room 305, Professor Gregory N. Mandel, Temple University, will present his paper: Competing Conceptions of Creativity in Intellectual Property Law.

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The annual Chicago IP Colloquium continues this Tuesday, March 30, 2010.  The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law  to discuss a range of issues in intellectual property and cyberspace law based upon papers by six nationally renowned intellectual property scholars.  The sessions are uniformly excellent, and well worth your time.  The next session will be Tuesday, March 30 from 4:10 pm to 5:50 pm at Loyola, 1 E. Pearson, Maguire Hall, Room 260, featuring Professor Amy Kapczynski, UC Berkeley School of Law and her paper: Free as in Speech or Free as in Beer? How Cost Matters in IP Law.

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The annual Chicago IP Colloquium continues this Tuesday, February 9, 2010.  The Chicago IP Colloquium is jointly sponsored by Chicago-Kent College of Law and Loyola University Chicago School of Law  to discuss a range of issues in intellectual property and cyberspace law based upon papers by six nationally renowned intellectual property scholars.  The sessions are uniformly excellent, and well worth your time.  The next session will be Tuesday, February 9 from 4:10 pm to 5:50 pm at Loyola and will feature Professor Jeanne C. Fromer, Fordham University School of Law, discussing her paper District Courts as Patent Laboratories.

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The final edition of the 2009 Chicago IP Colloquium will be hosted tomorrow, April 21, by Loyola in Room 1103 of the law school.  Professor Frank Pasquale, of Seton Hall will present his paper, Search, Copyright, and Speech.

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The next edition of the Chicago IP Colloquium will be hosted by Chicago-Kent tomorrow, April 7, in Room 305.  The presenter will be Professor Lisa Ramsey, of the University of San Diego School of Law.  Professor Ramsey will discuss her paper, Free Speech and International Obligations to Protect Trademarks.

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Here are several Chicago-area intellectual property CLEs that look like worthwhile programs:

• The next installment on the Chicago IP Colloquium is February 24, at Chicago-Kent, Room 305.  Professor Anupam Chander, UC Davis School of Law, will discuss his paper:  Youthful Indiscretion & Digital Memory.

• On February 27, John Marshall is hosting its 53rd annual Intellectual Property Law Conference.  The day-long program has two tracks:  1) patents; and 2) trademarks, copyrights and trade secrets.  The program is full of interesting presenters, including Internet Cases' Evan Brown -- click here for a preview of his presentation regarding open source disputes.

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The Chicago IP Colloquium has another strong line up for its 2009 edition.  The Colloquium jointly sponsored by Chicago-Kent and Loyola Chicago began yesterday at Kent with Professor Joseph Miller of Lewis & Clark Law School presenting his paper Hoisting Originality. Papers from past Colloquia are available here.

The leaders of the Colloquium are Professor Graeme Dinwoodie, Director, Program in Intellectual Property Law, Chicago-Kent College of Law and Professor Cynthia Ho, Loyola law School.  Mark your calendars for the remaining sessions of the 2009 Colloquium:

February 10, Loyola University Chicago School of Law, Room 1103
Professor Colleen Chien, Santa Clara University Law School
Paper: Patent Detente - Solutions to the Patent Arms Race

February 24, Chicago-Kent College of Law, Room 305
Professor Anupam Chander, UC Davis School of Law
Paper: Youthful Indiscretion & Digital Memory

March 24, Loyola University Chicago School of Law, Room 1103
Professor David Adelman, The University of Arizona
Paper: Visualizing Patent Domains: Emerging Empirical Methods & Their Implications for Patent Policy

April 7, Chicago-Kent College of Law, Room 305
Professor Lisa Ramsey, University of San Diego School of Law
Paper: Free Speech and International Obligations to Protect Trademarks

April 21, Loyola University Chicago School of Law, Room 1103
Professor Frank Pasquale, Seton Hall University School of Law
Paper: Search, Copyright, and Speech

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The Northern District of Illinois and Chicago's Federal Bar Association chapter are hosting their Ninth Annual Awards for Excellence in Pro Bono and Public Interest Service awards program this Tuesday, May 13 beginning at 3:30 pm in the James Benton Parsons Memorial Courtroom (2525) of the Dirksen United States Courthouse at 219 South Dearborn Street. The program is open to everyone and is free of charge.

The keynote speaker will be William Neukom, the President of the ABA and partner in K&L Gates.  Prior to his private practice, Neukom was executive vice president of Law and Corporate Affairs for
Microsoft, where he managed Microsoft’s legal, government affairs and philanthropic
activities.

Seven “Awards for Excellence in Pro Bono and Public Interest Service” and one “Special
Recognition Award for Public Interest Service” will be presented to the following Chicago-area lawyers for their pro bono and public interest work before the Northern District:

• Sara C. Arroyo and Rosa M. Tumialán, of Dykema Gossett PLLC (presented by the Judge Coar);
  
• Anthony J. Masciopinto, of Kulwin, Masciopinto & Kulwin, LLP (presented by Judge Manning);
  
• Myron Mackoff, of Richardson & Mackoff (presented by the Chief Judge Holderman and Magistrate Judge Valdez);
  
• Joshua D. Lee and Amy M. Rubenstein, of Schiff Hardin LLP (presented by the
  Judge Brown);
  
• Catherine Caporusso and Margot Klein, of the Federal District Court's Self-Help Assistance Program (presented by Judge Hibbler);
  
• David A. Gordon, Michael B. Nadler, and Kristen R. Seeger, of Sidley Austin LLP (presented
  by Magistrate Judge Schenkier);
  
• Lisa R. Kane, of Lisa Kane & Associates, PC (presented by Chief Judge Holderman); and
  
• Richard J. Gonzales, Clinical Professor of Law, Chicago-Kent (presented by Chief Judge Holderman).

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I have several smaller IP-related items today, none of which warranted a single post:

• The Wall Street Journal reported last Friday that the Patent Reform Act (S. 1145) will likely not reach the Senate floor -- click here for the story.  It was widely reported throughout the first quarter that the bill was expected to be brought to the full Senate by March or April of this year.  The WSJ reported that the Act's move out of the Judiciary Committee stalled because of a stalemate over the Act's controversial damages provision.
  
• Virtually Blind hosts a Blawg Review #156 focused on, no surprise, all thinks virtual and Second Life.
  
• The John Marshall Law School is hosting a free presentation by Southern Methodist University Law School Professor Shubha Ghosh tited IP as CP:  Competition Policy Norms in Intellectual Property Law.  Click here for registration information.
  
• The final edition of the 2008 Chicago IP Colloquium is this afternoon from 4:10 - 5:50 pm.  The presentation will be by Professor Mark McKenna of the Saint Louis University School of Law about his paper Testing Modern Trademark Law's Theory of Harm.  It looks like it will be another excellent IP discussion.
  
• The Lewis & Clark Law School has a new podcast up with Chicago-Kent College of Law's Associate Dean and Director of the Program in Intellectual Property Law Graeme B. Dinwoodie. Professor Dinwoodie speaks about developing trademark defenses.

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I have missed the first few presenters in the Chicago-Kent & Loyola University Chicago IP Colloquium, but the next presentation is set for tomorrow, Tuesday, April 8, in Room 305 at Kent at 4:10 pm.  Professor R. Polk Wagner of the University of Pennsylvania Law School will discuss his article Did Phillips Change Anything?  The article poses a question that should interest all patent litigators and I am sure there will be a lively discussion.

The Chicago Tribune ran three law-related, non-IP stories that are worth a read over the weekend:

• A profile of Jenner & Block's new managing partner Susan Levy -- click here for the story;
  
• A long story on the disparity in starting legal salaries and the consistency in law school tuition rates -- click here for the story; and
  
• An excerpt by Chicago attorney R. Eugene Pincham, who died Thursday, from Your Witness: Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers, which goes on sale Monday at www.yourwitnessbook.com -- click here for the story.  The essay details how Pincham prepared for trial and is a must read for all trial attorneys.  Pincham's excerpt got my attention.  I will be getting a copy of the book and will post a review when I am done with it.  Here is how the Tribune described Pincham:

a pioneering African-American lawyer and champion of unpopular causes. His colorful oratory, which drew on personal history, made him a legend in Chicago courthouses.

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Congress enacted the Trademark Dilution Revision Act (the "TDRA") about one year ago in an effort to resolve numerous open trademark issue.*  Many believe that the TDRA has opened more questions than it answered.  The University of Michigan Law Review's First Impressions blog recently addressed those issues with a series of articles:

• Dilution's (Still) Uncertain Future
  Graeme Dinwoodie, Chicago-Kent College of Law
  Mark Janis, University of Iowa College of Law
  Looking at the litigation history of trademark dilution.

• What is Dilution, Anyway?
  Stacey Dogan, Northeastern University School of Law
  Considering the underlying meaning of dilution.

• The Trademark Dilution Revision Act of 2006: A Welcome — and Needed — Change
  Dale Cendali & Bonnie Schriefer, O'Melveny & Myers LLP
  Explaining why the TDRA clarifies and strengthens First Amendment protections.

• The Dilution Solution: Populating the Trademark A-list
  Scott Wilcox, University of Michigan Law School
  Looking at the court as arbiters of fame.

*  For more on the TDRA, click here for the Blog's archives and click here for the Seattle Trademark Lawyer’s coverage of the TDRA's first anniversary.

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Tomorrow, Wednesday, September 18, from 3:00 - 4:00 PM, the Chicago-Kent College of Law is hosting its fourth annual Federal Circuit Roundtable.  The Roundtable, composed of former Federal Circuit law clerks, will address the topic, "MedImmune and SanDisk:  Seeking a License Without Getting a Lawsuit."  The scheduled participants are:

• Laura L. Donoghue, Sidley Austin;
  
• Lisa A. Schneider, Sidley Austin;
  
• Jonathan R. Spivey, Foley & Lardner, 
  
• Meredith Martin Addy, Brinks Hofer Gilson & Lione;
  
• Laura A. Lydigsen, Brinks Hofer Gilson & Lione;
  
• Leonard D. Conapinski, McDermott Will & Emory;
  
• Sasha D. Mayergoyz, Latham & Watkins;
  
• David C. McKone, Latham & Watkins;
  
• Michael R. Weiner, Marshall, Gerstein & Borun; and
  
• Michelle Armond, Marshall, Gerstein & Borun. 

The Roundtable will be moderated by Chicago-Kent Professor Timothy R. Holbrook. 

I will not be able to attend this year's event because I am teaching an IP course at Loyola on Wednesday afternoons, but I can vouch for the program.  It is an hour of excellent insight from former Federal Circuit clerks.  Also, in the interest of full disclosure, my wife (Laura Donoghue) is a roundtable participant.  So, I am biased, but it is still an excellent program.

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Tomorrow afternoon the latest installment of the Chicago IP Colloquium will feature Professor James Thuo Gathii of the Albany Law School discussing his paper:  What History Teaches Us About International Protection of Intellectual Property Rights: The Case of Least Developed Countries.  The event will start at 4:10 PM in Room 305 at Kent.

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The day's keynote presentation was by the USPTO's Deputy General Counsel and Solicitor General John Whealan.  John's presentation lived up to my advance billing.  He gave his take on the Supreme Court's recently increased interest in the patent laws.  While I cannot do all of his remarks justice, he outlined three instances in which he felt the Supreme Court was taking patent appeals.  First, circuit splits -- splits between the Federal Circuit  case law and the law of a regional circuit pre-Federal Circuit.  Second, and maybe the most obvious, splits between different Federal Circuit panels.  And third, on Cert. View of the Solicitor General ("CVSG").  CVSG is a process initiated by the Court, when they ask the Solicitor General for its view on whether the Court should grant cert.  The Solicitor General works with the relevant governmental entity, the USPTO in the case of patents, and hears arguments from each side of the case before sending the Supreme Court its recommendation.  Whealan stated that CVSG had been used once for a patent issue prior to 2000 and 17 times since then.  Once again, if you get the chance to hear Whealan speak, do not pass it up.  You always learn something and he is always an entertaining speaker.

Great job to the folks at Loyola and Kent for putting together an excellent and educational day.

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Don't forget that tomorrow is the first day of the 2007 Chicago IP Colloquium.  Professor Glynn Lunney of Tulane University Law School will be discussing Copyright as a Coordinating Mechanism starting at 4:10 in Room 305 of the Kent Law School.  It should be a great presentation.

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Chicago-Kent College of Law and Loyola University Chicago School of Law  (where I previously served as an Adjunct Professor of Legal Writing) are jointly sponsoring and hosting the Chicago Intellectual Property Colloquium.  The Colloquium brings six nationally renowned IP scholars to Chicago to discuss their current IP research. The presentations look very interesting.  They start January 30th and run through April on Tuesday afternoons (schedule after the jump).  Each lasts just under two hours and they rotate between Kent and Loyola.  

Attendance is by invitation only.  If you would like an invitation, contact Patricia O'Neal at Kent -- poneal@kentlaw.edu.  I will be attending as many as I can and blogging about them afterward.  If you see me, please say "hello."

Here is the schedule:

January 30, 2007, Chicago-Kent College of Law, Room 305
Professor Glynn Lunney, Tulane University Law School
Paper: Copyright as a Coordinating Mechanism

February 13, 2007, Loyola University Chicago School of Law, Room TBD
Professor Margaret Chon, Seattle University School of Law
Paper: Constitutionalizing the WTO: Intellectual Property's Balance in the Context of Global Social Welfare

February 27, 2007, Chicago-Kent College of Law, Room 305
Professor Laura Heymann, William & Mary School of Law
Paper: The Public Domain in Trademark Law

March 27, 2007, Loyola University Chicago School of Law, Room TBD
Professor Robin Feldman, University of California, Hastings College of the Law
Paper: The Role of Science in Law

April 10, 2007, Chicago-Kent College of Law, Room 305
Professor James Thuo Gathii, Albany Law School
Paper: What History Teaches Us About International Protection of Intellectual Property Rights: The Case of Least Developed Countries

April 24, 2007, Loyola University Chicago School of Law, Room TBD
Professor Pamela Samuelson, University of California, Berkeley, School of Law
Paper: What Section 102(b) Excludes from Copyright Protection and Why

A copy of the paper to be presented will be posted on this website approximately two weeks before each presentation.

Papers presented and discussed at past Colloquia are available here.

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