November 30, 2012
IP Center Symposium
Intellectual Property and Public Rights of Access: The Evolving 21st Century Balance
Time: 8:30am -6:00 pm
Location: Inlow Hall, 530 W. New York Street, Indianapolis, IN
Contact: Kyle Galster at email@example.com
Join us for the 2012 IP Center Symposium, "Intellectual Property and Public Rights of Access: The Evolving 21st Century Balance." 7.2 hours of CLE available (including 1.0 hour of Ethics credit) and programs by experts from the public and private sector as well as academia.
IU McKinney students, faculty and staff wishing to register should submit this form.
Others interesting in registering for the event should contact Kyle Galster (317) 274-0042 or firstname.lastname@example.org.
Jeffrey B. Kindler, Senior Advisor, Paragon Pharmaceuticals
Keynote speaker Jeffrey B. Kindler is a senior advisor to Paragon Pharmaceuticals, a global investment firm that builds and manages innovative pharmaceutical companies. Among his other current positions, he is a member of President Obama's Management Advisory Board. Kindler was formerly the Chairman and Chief Executive Officer of Pfizer, the world's largest research-based biopharmaceutical company, which he joined in January 2002 as Executive Vice President and General Counsel, and from which he retired in December 2010. Kindler earned his BA in 1977 from Tufts University summa cum laude and his JD in 1980 from Harvard magna cum laude, where he was an editor of the Harvard Law Review. His remarkable career also includes positions as a law clerk to U.S. Supreme Court Justice William J. Brennan, Jr., partner at Williams & Connolly, Vice President of Litigation and Legal Policy of General Electric Corporation, Executive Vice President and General Counsel at McDonald's Corporation, President of Partner Brands, Chairman of PhRMA (Pharmaceutical Researchers and Manufacturers of America) and of the U.S.-Japan Business Council, member of the President's Export Council, member of the boards of the Federal Reserve Bank of New York, Ronald McDonald House Charities, Catalyst, the United Way of New York City, the Legal Aid Society of New York, and Lincoln Center.
Welcome and Introduction
Prof. John R. Schaibley, III, Executive Director, Center for Intellectual Property Law and Innovation
9:10 a.m. - 10:00 a.m.
Keynote Address - Strengthening the Depository of Ingenuity and Inventiveness: The Case for Enhanced International Enforcement of U.S. Intellectual Property Rights
10:00 a.m. - 11:00 a.m.
Quid Pro No? Perspectives on Apple v. Motorola, and Judge Posner's Contention that Most Industries Would Prosper Without Patent Protection
11:00 a.m. - 11:10 a.m.
11:10 p.m. - 12:10 p.m.
Proposed New Professional Responsibility Rules-- Changes to Representation of Others Before the USPTO (1.0 Hours of Ethics Credit, pending approval)
12:15 p.m. - 1:15 p.m.
1:15 p.m. - 2:15 p.m.
Stealing the Fire of Biotechnology? Patents that Chill Fundamental Research? Strategies for Living in the World of Prometheus, and Prognostications on Myriad Subject Matter Patentability Issues
2:15 p.m. - 2:45 p.m.
International Enforcement of U.S. IP Rights and the Right to Science and Culture
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
"Use or Lose: The Evolving Interplay between Domestic Law and International Systems of Trademark Rights
3:30 p.m. - 4:15 p.m.
Universities, Tech Transfer Offices, and Start Up Companies: Combining Science, Law, and Finance to Create Innovative Ventures
4:15 p.m. - 4:50 p.m.
The Supreme Court's Recent Focus on IPDiagnosing the Causes, Assessing the Results, and Predicting the Next Certworthy IP Questions
4:50 p.m. - 5:00 p.m.
5:00 p.m. - 6:00 p.m.
What Outside Counsel Need to Change in Providing IP Counseling and Litigation Services
Paul H. Berghoff, a founder of McDonnell Boehnen Hulbert & Berghoff LLP, has three decades of experience as lead trial counsel in complex patent litigation both jury and bench trials - concentrating in litigation involving pharmaceuticals, medical devices, biotechnology, electronics, and software. He has coordinated complex, worldwide patent litigations for many of his Fortune 500 clients and has argued numerous times before the U.S. Court of Appeals for the Federal Circuit. Mr. Berghoff also counsels his clients concerning their bottom-line business risks and benefits relating to patent infringement, validity, and enforcement, with particular emphasis on evaluating potential litigation risks and opportunities. He also has served as a neutral arbitrator in major patent disputes and has lectured extensively on a wide variety of topics relating to patent litigation, most notably on strategies for trial and Markman hearings.
Professor Bernard Chao obtained his J.D. from Duke Law School and his B.S. in Electrical Engineering from Purdue University. He teaches patent law and intellectual property at the University of Denver Sturm College of Law. His writings have focused on patent issues that the electronics and semiconductor industry face. Prior to joining academia, Professor Chao practiced law in Silicon Valley for almost twenty years. Highlights of his career include serving as a Special Master in the largest multi-district litigation in the country, starting a patent boutique, Chao Hadidi Stark & Barker LLP, working as in-house counsel at a startup, Covad Communications, and litigating high stakes patent cases at both Wilson Sonsini Goodrich & Rosati and Pennie & Edmonds.
Brian Cholewa is a patent counsel at the Indiana University Research and Technology Corporation ("IURTC"). He assists IURTC's technology managers and Indiana University's ("IU") faculty, staff and students to develop and implement intellectual property strategies. He previously worked in private practice in Wisconsin and North Carolina, where he managed a wide range of biotechnology and life science patent portfolios for university and corporate clients alike. Prior to attending law school, Brian worked for five years as a Clinical Laboratory Scientist. He was trained in Serology, Toxicology and Chemistry, and also gained experience in Microbiology and Hematology. Education: Marquette University Law School (J.D., 2004); Medical College of Wisconsin (Ph.D., 2002); and University of Wisconsin-Milwaukee (B.S. in clinical laboratory sciences and chemistry minor, 1996).
Professor Kevin Collins is a scholar and teacher of intellectual property law. He taught at the Indiana University Maurer School of Law in Bloomington until, in 2010, he joined the faculty at the Washington University School of Law in St. Louis. He earned his BA in Molecular Biophysics and Biochemistry from Yale and his JD from Stanford. He clerked for Judge Sonia Sotomayor on the Second Circuit Court of Appeals and Judge Raymond Clevenger III on the Federal Circuit Court of Appeals. Having earned an M. Arch. from Columbia and worked as a project architect and lead designer with Bernard Tschumi Architects, Professor Collins is also interested in the intersection of law and architecture.
Willliam R. Covey is the Deputy General Counsel and Director for the Office of Enrollment and Discipline (OED). He manages an office of attorneys, paralegals and support staff which is responsible for registering practitioners (patent attorneys and agents) to practice before the USPTO. Prior to his appointment, Mr. Covey served as the USPTO's Deputy General Counsel for the Office of General Law for over four years. Mr. Covey was appointed to the Senior Executive Service in 2007. Prior to joining the USPTO in 2000, Mr. Covey served at the Pentagon in Arlington, Virginia in the U.S. Army's Office of the General Counsel. He continues to serve in the Army Reserve, completed combat tours in Iraq (2007) and Afghanistan (2011). He served as Deputy Legal Counsel to the Chairman, Joint Chiefs of Staff and is currently assigned to the Office of the Army General Counsel.
Cedric D'Hue, '05, has been a registered patent attorney with the United States Patent and Trademark Office. He has drafted, filed and prosecuted patent, trademark and copyright applications to issuance and has also drafted patentability opinions, invalidity and obviousness opinions, and freedom to operate opinions. He counsels clients to develop a strategy to achieve their business goals and protect clients' intellectual property. Cedric has incorporated business entities, drafted corresponding business documents and advised businesses regarding their contract provisions. He champions the Patent Income Tax Exemption law and is a member of the Indianapolis Bar Association, the American Bar Association and the National Organization for the Professional Advancement of Black Chemists and Chemical Engineers.
John Emanuele, Ph.D., practices in Faegre Baker Daniels' intellectual property prosecuting U.S. and international patent applications in the chemical, pharmaceutical and biotechnology arts. Besides filing patent applications, appeals and responses for clients, John prepares opinions on patentability, freedom to operate and litigation case analysis in a variety of areas, including medical devices, biotechnology, analytical instrumentation, diagnostic tests, small molecule drugs and biologics and agricultural active chemicals. He counsels clients in a wide range of fields, including biotechnology, plant genetics, nano-materials, pharmaceuticals, small molecules, engineering and analyzing biosynthetic pathways, compounds used to label biopolymers, herbicides, specialized metal alloys, enzymes, medical devices, diagnostic tests, and pharmaceutical compositions and treatment regimes. He has been practicing patent law in Indiana since 2002. Prior to earning his law degree, he worked in the corporate sector as a research scientist in the bio-energy, pharmaceutical, food flavor and fragrance industries. John served as a post-doctoral research fellow at a major pharmaceutical company and as a senior research scientist in a start-up biotechnology company.
Kevin R. Erdman focuses his practice on advising software and internet centric businesses about the legal landscape. Kevin deals with intellectual property in all aspects, from patent and trademark issues to privacy, commercial, and advertising concerns in today's complex and constantly changing computing and telecommunications environment. Kevin started practicing with small IP boutique firms in Silicon Valley, California, then Fort Wayne, Indiana, focusing on patent preparation and prosecution. In the early 90's his firm created the IP section of a large general practice firm. Practicing as a partner in the general practice firm for decades, his practice expanded into various commercial and IP transactions in the software and internet technologies and industries, both domestic and international. His clientele includes local companies and businesses based on several continents. Kevin is active in several legal and technical organizations, often presenting to private and public audiences on various intellectual property subjects. Often attending ITechLaw, FICPI, INTA, and international soccer events, Kevin draws on a network of international legal specialists to achieve legal solutions. In today's dynamic business/technological/legal situations, Kevin calls on these resources to formulate legal strategies for effectively meeting legal and business needsfrom crafting a patent portfolio strategy to architecting a global customer data service strategy.
E. Anthony (Tony) Figg , '73, is a shareholder and President of the Washington, D.C. firm of Rothwell, Figg, Ernst & Manbeck, P.C. He represents and advises clients in patent litigation, procurement, reexaminations, interferences, IP licensing and related matters. A graduate of Rose-Hulman Institute of Technology and IU School of Law Indianapolis, he has practiced patent law for more than 35 years. He is a past chair of the ABA's IP law section and has chaired numerous committees and divisions of that organization for more than 25 years. He is a longstanding member of the American Intellectual Property Law Association. He also served on the Executive Committee of AIPPI United States, which is the U.S. group of the Association Internationale pour la Protection de la Propriété Intellectuelle , an international association of IP professionals.
Scott Hackwelder is Corporate Counsel for Intellectual Property at Cummins Inc. Prior to joining Cummins, Scott worked in the Intellectual Property practice area at Jones Day in Cleveland. Scott is a graduate of Duke University, Villanova University and the Syracuse University College of Law, where he served as Editor-in-Chief of the Syracuse Law Review. Scott also worked as a consulting engineer for nine years before attending law school.
Professor Ralph F. Hall has extensive experience in the areas of FDA, health care law and corporate compliance, including the application of those regulatory systems to the medical device industry. He has extensive experience in the design and implementation of regulatory compliance programs and with FDA enforcement actions. Professor Hall also has experience in managing complex patent litigation and licensing matters and in general corporate counseling. Prior to rejoining Faegre Baker Daniels, Professor Hall was with Guidant Corporation where he served as Senior Vice President and Deputy General Counsel Litigation and Compliance. He also served as Special Counsel to Guidant's Board of Director's Compliance Committee and to Guidant's Compliance Office. Earlier, Professor Hall was General Counsel of Guidant's Cardiac Rhythm Management group. Prior to joining Guidant, Ralph was with Eli Lilly and Company where he served in a number of legal roles, including chief environmental counsel. Professor Hall also serves as a Professor of Practice at the University of Minnesota Law School where he teaches courses in FDA law, corporate compliance, negotiation and alternative dispute resolution.
Professor Mark D. Janis is the Robert A. Lucas Chair of Law and the Director of the Center for Intellectual Property Research. Janis has authored a number of books, including the treatise IP and Antitrust (with Hovenkamp, Lemley and Leslie), two casebooks (Trademarks and Unfair Competition: Law and Policy (3d. Ed.), and Trade Dress and Design Law, both with Dinwoodie) and other books on trademark law (with Dinwoodie). He has published numerous law review articles and book chapters on patent law, intellectual property and antitrust, trademark law, intellectual property protection for plants, plant biotechnology and intellectual property protection for designs. Professor Janis is the winner of a Collegiate Teaching Award and a Faculty Scholar Award (both from the University of Iowa College of Law), and INTA's Ladas Award in 2008. Prior to joining the faculty at Indiana, Professor Janis was the H. Blair & Joan V. White Chair in Intellectual Property Law at the University of Iowa College of Law. He practiced patent law at Barnes & Thornburg (Indianapolis) from 1989 to 1995.
David Johnson was one of the original organizers and serves today as President of BioCrossroads, a market-based enterprise seeking to advance Indiana's economic future through investments and jobs in the region's substantial life sciences and medical technology sector. Among its many activities, BioCrossroads raises, manages and invests venture capital funds for promising new companies; informs and educates; and builds business collaborations (such as OrthoWorx and the Indiana Health Information Exchange) by bridging gaps across academia and industry. Through his work at BioCrossroads, Johnson has been responsible for raising over a quarter-billion dollars in philanthropic and venture capital funding for efforts and investments to develop new companies, promote innovative research, and deliver on the promise of highly skilled employment opportunities that must accompany leading regional strategies for 21st-Century development of the American economy. A longtime business leader and lawyer, Johnson is an honors graduate of Harvard College, Harvard Law School and Oxford University, where he studied as a Rhodes Scholar.
Robert E. Lee is Trademark Counsel for Eli Lilly and Company in Indianapolis, IN. He obtained his law degree in 1976 from Temple University in Philadelphia, PA and is a member of the bars of Indiana and Pennsylvania. Mr. Lee is also a registered patent attorney with the US Patent and Trademark Office.
Professor Gerard N. Magliocca, the Samuel R. Rosen Professor of Law, joined the faculty of IU School of Law Indianapolis following two years as an associate with Covington & Burling and one year as a clerk for Judge Guido Calabresi on the Second Circuit. He received the Best New Professor Award from the student body in 2004 and the Black Cane (Most Outstanding Professor) Award in 2006. In 2007, his book on Andrew Jackson was the subject of an hour-long program on C-Span's Book TV. His most recent book, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale Univ. Press) appeared earlier this year. In the Fall of 2008, Professor Magliocca held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He is also a regular blogger on Concurring Opinions and Balkinization . He was recently named Associate Dean for Research.
Judge Larry J. McKinney, '69, was appointed District Court Judge for the Southern District of Indiana in July 1987. For 8-1/2 years before that appointment, he served as Judge of the Johnson Circuit Court. He was a member and partner in the law firm of Sargent & McKinney from 1974 until his election to the Johnson Circuit Court bench. From 1971 to 1974, he was a member and partner in the law firm of Rodgers & McKinney. He previously served as a Deputy Attorney General and a law clerk to the Indiana Attorney General. Judge McKinney graduated from MacMurray College in Jacksonville, IL, in 1966 and from the Indiana University School of Law - Bloomington in 1969.
Professor Emily Morris came to IU School of Law Indianapolis during the summer of 2008. She teaches patent law, copyright law, and intellectual property survey courses. Before joining the IU faculty, Professor Morris was a visiting associate professor at Chicago-Kent College of Law, where she taught both Patent Law and Patent Litigation. She earned her A.B. magna cum laude from Harvard University and her J.D. from the University of Michigan Law School magna cum laude, where she was an articles editor on the Michigan Law Review . She clerked for the Honorable Bruce M. Selya on the U.S. Court of Appeals for the First Circuit and then worked as an associate in the Issues & Appeals section of the Washington, D.C. office of Jones Day. She also served as an adjunct assistant professor and Humphrey Fellow in Law and Economic Policy at the John M. Olin Center for Law and Economics, University of Michigan Law School. Her research and teaching interests include patent law, health law and bioethics, Japanese law, and law and economic analysis. Her current work focuses on economic analysis of various patent law issues, including the effects of patent claim construction and scope on incentives and innovation.
Douglas K. Norman , '88 is Vice President and General Patent Counsel for Eli Lilly and Company in Indianapolis. He received his B.S. in Microbiology from IU in 1981 and his J.D. cum laude from the IU School of Law Indianapolis in 1988. His practice has included many aspects of patent law, including procurement, licensing, and litigation. He is a member of the Board of Intellectual Property Owner's Association, where he currently serves as president, and where he has also served as treasurer from 2008-2009 and as chair of the Amicus Committee from 2003 through 2005 and as Chair of the Annual Meeting in 2006. He is also a member of Interpat. Norman is currently Chair of the National Association of Manufacturer's subcommittee for Intellectual Property. He was the 2002 co-chair of the Intellectual Property and Anti-Trust Task Force for the United States Council for International Business and served from 2002 through 2006 as the Chair of the Intellectual Property Task Force for PhRMA.
Gene O'Donnell is the Director of Intellectual Property for ChaCha Search, Inc., a developer of unique human-assisted search engine technologies. ChaCha has a portfolio of more than fifteen US patents covering various aspects of human-assisted search. Gene is responsible for management of ChaCha's intellectual property activites and is a registered Patent Agent. He received his B. S. in Electrical Engineering from the University of Louisville. He has worked in various technical management positions with RCA, Thomson, TTE, and ZVue Corporation in the US and in Asia. Gene has previously served on the Paper Selection Committee of the Society for Information Display, and is a named inventor on more than 25 US patents.
Hamid Piroozi, '06, Legal IP Manager I, Office of Technology Commercialization. Mr. Piroozi is responsible for all aspects of intellectual property management including evaluating technology-based innovations for appropriate intellectual property protection, drafting and filing patent applications and responses and other communications with the U.S. Patent and Trademark Office. Mr. Piroozi also manages the office's intellectual portfolio design and management, provides educational and outreach opportunities to the Purdue community on various topics related to the Office of Technology Commercialization and is charged with improving legal-related processes for the office. Mr. Piroozi has more than 15 years of experience as a mechanical and electrical engineer for such companies as Firestone Industrial Products Co., Delco Electronics Corp. and Thomson Consumer Electronics, Inc., where he designed and developed automotive components and integrated circuits. He has about five years of experience as a patent attorney both in general practice law firm and intellectual property boutique environments. He holds Purdue University degrees in BSE (ME), BSEE and MSEE. He holds an Indiana University jurisprudence doctorate degree. He is admitted to practice in the U.S. District Court for the Southern District of Indiana, U.S. District Court for the Northern District of Indiana, the State of Indiana, and the U.S. Patent and Trademark Office.
Professor Joshua D. Sarnoff is a Professor of Law at DePaul University College of Law, where he teaches patent law, advanced patent law, and law and climate change in the Center for Intellectual Property Law and Information Technology. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. He is a registered patent attorney and a member of the bars of Washington DC and California, a former member of the Board of Governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various non-profit organizations. He has written numerous articles and book chapters on patent law and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade, and environmental issues.
Peter H. Schwartz, M.D., Ph.D. is a Faculty Investigator at the Indiana University Center for Bioethics and Assistant Professor of Medicine in the Division of General Internal Medicine at the Indiana University School of Medicine. He is also Assistant Professor of Philosophy at the IU School of Liberal Arts, at Indianapolis and practices adult outpatient medicine at the Primary Care Center (PCC) at Wishard Hospital. He is a Research Subject Advocate in the Bioethics and Subject Advocacy Program (BSAP) of the Indiana Clinical and Translational Sciences Institute (I-CTSI), and is the Director of the Translational Research Ethics Consultation Service (TREX).
Professor John R. Schaibley, III is the Executive Director of the Center for Intellectual Property Law and Innovation at the IU School of Law Indianapolis. Professor Schaibley has more than 25 years of litigation experience, concentrating on intellectual property cases, especially patent litigation A graduate of Purdue University (B.A., 1975), Schaibley graduated first in his law school class, summa cum laude , at the IU Maurer School of Law (J.D 1981), where he was Executive Editor of the Indiana Law Journal and a member of the Moot Court Board. He was awarded the Order of the Coif and the Order of Barristers and received three West Publishing Company Hornbook Awards, four American Jurisprudence Awards, and a Corpus Juris Secundum Award for Significant Legal Scholarship. Professor Schaibley served as a law clerk at all three levels of the federal judiciary, clerking for Justice John Paul Stevens at the U.S. Supreme Court and for Judge Jesse E. Eschbach at both the U.S. Court of Appeals for the Seventh Circuit and the U.S. District Court for the Northern District of Indiana. His many awards include the American College of Trial Lawyers Medal for Excellence in Advocacy and he was recently honored as one of The Best Lawyers in America in the category of Bet-the-Company Litigation for 2010. Professor Schaibley teaches Patent Litigation and Intellectual Property Survey.
Professor Lea Shaver taught at Yale Law School and Hofstra Law School before joining the IU McKinney School of Law faculty in 2012. She holds a J.D. from Yale Law School and an M.A. from the University of Chicago. Professor Shaver was a summer clerk to Hon. David F. Hamilton and a Fulbright Scholar in South Africa, where she supported litigation advancing the constitutional rights to housing, education, and water. Her research focuses on intellectual property, innovation, access, and human rights.
Nancy G. Tinsley, '90, has spent over 20 years representing clients in litigation matters and has focused her practice in the area of intellectual property, particularly patents. Currently, she is Associate General Patent Counsel at Roche Diagnostics where she is responsible for U.S. patent litigation. Prior to joining Roche Diagnostics in 2008, Tinsley was a partner at Baker & Daniels LLP representing clients in intellectual property litigation matters. She has authored many articles and spoken at various conferences and seminars on litigation and intellectual property legal issues.
Mike Young , '87, holds B.A. and M.S. degrees from Purdue University, as well as a J.D. from IU School of Law-Indianapolis. Following graduation from Purdue, he worked as a research chemist in the field of Medical Diagnostics and in the field of Pharmaceuticals. He began his career as a lawyer in 1988 at the Indianapolis Law Firm of Baker & Daniels, where I practiced law in both the Environmental and Intellectual Property Law fields. He then joined Boehringer Mannheim in 1990 as Assistant Patent Counsel, and after the acquisition of Boehringer Mannheim by Roche, became Chief Patent Counsel in 1998. In 2006, he was promoted to Vice President & Chief Intellectual Property Counsel. He has been honored as an Indiana Super Lawyer in the field of IP law from 2005 2009. He has also served as Chairman of the IP section of the Indiana State Bar Association.
Parking is available for a nominal fee at the campus Gateway Garage, located near the corner of Michigan and California Streets (Address is 525 Blackford Street). Parking is also available for a nominal fee at the Sports Complex (Natatorium) Garage, two blocks west of the law school, at 875 West New York Street.