IU McKinney IP Moot Court Team Advances to Semifinal Round


IU McKinney Rich Memorial Moot Court Team 2014For the third consecutive year, the Indiana University Robert H. McKinney School of Law took part in the AIPLA Giles Sutherland Rich Memorial Moot Court Competition. The focus of this competition is on patent and intellectual property law, and unlike most moot court competitions, teams in the Rich competition must write briefs for both sides of both issues presented.

The two IU McKinney teams competed in the Chicago regional against 26 teams including Northwestern University School of Law, Indiana University Maurer School of Law and University of Wisconsin School of Law. The two issues this year involved subject matter jurisdiction in patent infringement cases and whether a claim for cDNA patentable eligible subject matter under 35 U.S.C. §101 where a naturally occurring processed pseudogene was found to be chemically, structurally, and functionally identical to the claimed cDNA. Briefs were submitted in late January, and oral arguments occurred over spring break March 21 to 23. Both IU McKinney teams advanced to the semifinal round of eight teams. 

The entire experience proved invaluable for the students, who gained practical experience in substantive patent law, civil and appellate procedure, and both oral and written advocacy, said Professor John Schaibley, executive director of the Center for Intellectual Property and Innovation. IU McKinney advocates were 2L Tyler Droste, 3L Stephen Abanise, 2L Andrew Podgorny, and 2L Audrey Wessel. The team was coached by 3L Drake Land, who also is an editor on the Indiana International & Comparative Law Review, and serves as a law clerk at Wilson Kehoe Winingham.

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