Private Law and Intellectual Property

March 11-12, 2016

Harvard Law School

Wasserstein Hall, Milstein East (Room 2036), 1585 Massachusetts Avenue, Cambridge

FRIDAY, MARCH 11

8:30 Opening Remarks

8:40 Session 1: Entitlement Design Moderator: Rebecca L. Tushnet Speakers and Papers/Commentators: Tun-Jen Chiang, “The Paradox of IP”/Gideon Parchomovsky Oskar Liivak, “Private Law and the Future of Patents”/Adam Mossoff Molly S. Van Houweling, “Disciplining the Dead Hand of Copyright: Durational Limits on Remote Control Property”/Julie Cohen

10:40 Break

11:00 Session 2: Institutions I Moderator: Patrick R. Goold Speakers and Papers/Commentators: Wendy J. Gordon, “Proximate Cause and Copyright: Common-Law Insights into Fair Use, Duration, and Interoperability” /Shyamkrishna Balganesh Christopher M. Newman, “Vested Use-Privileges in Property and Copyright”/Timothy R. Holbrook

12:20 Lunch

1:20 Session 3: Licensing I Moderator: Yonathan Arbel Speakers and Papers/Commentators: Jonathan M. Barnett, “Why is Everyone Afraid of IP Licensing?”/Brett Frischmann Greg R. Vetter, “Opportunistic FOSS Development Pathways”/Christina Mulligan

2:40 Break

3:00 Session 4: Licensing II Moderator: David J. Kappos Speakers and Papers/Commentators: Karen Sandrik, “Empowering Inventors”/Oren Bracha Jacques de Werra, “Two Challenges of Global Intellectual Property Licensing at the Interface between Contract and Property”/Bruce Boyden

4:20 Break 4:40 Session 5: Institutions II Moderator: Alfred C. Yen Speakers and Papers/Commentators: F. Scott Kieff, “Pragmatism, Perspectives, and Trade: Intellectual Property, Antitrust, and International Trade as Mostly Private Law”/Michael B. Abramowicz R. Polk Wagner, “The Private Design of the Patent Law”/Kali Murray

6:00 End of Friday Sessions

7:00 Reception and Dinner, Sheraton Commander, Terrace Room (16 Garden Street, Cambridge)

SATURDAY, MARCH 12

9:00 Session 6: Standards Moderator: Kirti Gupta Speakers and Papers/Commentators: Jorge L. Contreras, “Private Ordering or Public Law? The Legal Character of Technical Standard Setting”/Joseph P. Liu Janet Freilich & Jay P. Kesan, “Towards Patent Standardization”/Michael J. Meurer

10:20 Break

10:40 Session 7: Remedies and Prizes Moderator: Chief Judge Patti B. Saris (D. Mass.) Speakers and Papers/Commentators: John M. Golden, “Reasonable Certainty in Contract and Patent Damages”/Keith N. Hylton Ted Sichelman, “Patents, Prizes, and Property Rules”/John F. Duffy

12:00 Closing Remarks and Lunch

In addition to Harvard Law School, The Project on the Foundations of Private Law thanks Qualcomm and Intel for their support of this conference.

We are pleased to announce that the papers from the conference will appear in the Harvard Journal of Law & Technology.

Speakers

Jonathan M. Barnett

Prof. Jonathan Barnett is director of the USC Gould School of Law’s Media, Entertainment and Technology Law Program. Prof. Barnett specializes in intellectual property, contracts, antitrust, and corporate law. Prof. Barnett has published in the Harvard Law Review, Yale Law Journal, Journal of Legal Studies, Review of Law & Economics, Journal of Corporation Law and other scholarly journals. He joined USC Law in fall 2006 and was a visiting professor at New York University School of Law in fall 2010. Prior to academia, Prof. Barnett practiced corporate law as a senior associate at Cleary Gottlieb Steen & Hamilton in New York, specializing in private equity and mergers and acquisitions transactions. He was also a visiting assistant professor at Fordham University School of Law in New York. A magna cum laude graduate of University of Pennsylvania, Prof. Barnett received a M.Phil. from Cambridge University and a J.D. from Yale Law School.

Tun-Jen Chiang

Associate Professor Tun-Jen Chiang arrived at Mason Law after having been an associate with business litigation firm Quinn Emanuel Urquhard Oliver & Hedges, LLP, in Silicon Valley, California, since 2005. Prior to this, he was a law clerk to Judge Timothy B. Dyk of the Federal Circuit. Professor Chiang was awarded his J.D. with honors by the University of Chicago Law School, where he was comment editor of the law review and a member of Order of the Coif. He also received a Bachelor of Laws and a Bachelor of Commerce from the University of Melbourne in Australia. His primary research interest is in patent law.

Jorge L. Contreras

Jorge L. Contreras is an Associate Professor of Law at the University of Utah S.J. Quinney College of Law and a Senior Policy Fellow in the Program on Information Justice and Intellectual Property at American University Washington College of Law. He has written and spoken extensively on the institutional structures and policy of intellectual property, technical standardization and biomedical research. Professor Contreras serves as Co-Chair of the ABA Section of Science & Technology Law’s Technical Standardization Committee, a member of the American National Standards Institute (ANSI) IPR Policy Committee, NIH’s Council of Councils and the Advisory Council of the National Center for Advancing Translational Science (NCATS). He previously served as Co-Chair of the National Conference of Lawyers and Scientists (NCLS), a member of the National Academy of Science’s (NAS) Committee on IP Management in Standard-Setting Processes and a member of the National Advisory Council for Human Genome Research (NACHGR).

Janet Freilich

Janet Freilich is the Qualcomm Postdoctoral Fellow in Private Law and Intellectual Property with Harvard Law School’s Project on the Foundations of Private Law. She will be joining the faculty at Fordham Law School in the summer of 2016. Janet’s research is in patent law, with a focus on the life sciences. Prior to becoming a fellow, Janet practiced at Covington & Burling LLP as a patent litigator and prosecutor. Janet graduated magna cum laude from Harvard Law School where she was a fellow with the John M. Olin Center for Law and Economics. Janet won the Samsung-Stanford Patent Prize and the Irving Oberman Memorial Award in Intellectual Property for her writing in patent law. She graduated summa cum laude from Cornell University with a bachelor’s degree in molecular biology.

John M. Golden

John Golden is the Loomer Family Professor in Law at the University of Texas at Austin, where he has taught administrative law, contracts, patent law, and various versions of a writing seminar relating to innovation and intellectual property. Since 2011, he has served as faculty director of the Andrew Ben White Center in Law, Science and Social Policy. Professor Golden has a J.D. from Harvard Law School, a Ph.D. in Physics from Harvard University, and an A.B. in Physics and History from Harvard College. After law school, Professor Golden clerked for the Honorable Michael Boudin of the United States Court of Appeals for the First Circuit and then for Associate Justice Stephen Breyer of the United States Supreme Court. Professor Golden also worked as an associate in the intellectual property department of Wilmer Cutler Pickering Hale and Dorr LLP.

Wendy Gordon

Wendy J. Gordon teaches at Boston University, where she is one of a handful of scholars holding the University’s top academic position, the William Fairfield Warren Distinguished Professorship. She is also a Professor of Law, and an advisor to the BU Law School Concentration in Intellectual Property. Her primary focus is Copyright law, though she has also taught and or published in areas such as Trademark, Torts, Restitution, Rhetoric, and Law & Literature. A Fulbright Scholar, she has received honors and grants such as a Lon L. Fuller Prize in Jurisprudence, a Bacon-Kilkenny Distinguished Visiting Professorship at Fordham, a residency at the Rockefeller Foundation's Bellagio Center, and a NJ Governor’s Fellowship in the Humanities. She has also been elected a Visiting Senior Research Fellow at St. John’s College, Oxford, and has twice served as Chair of the Section on Intellectual Property for the Association of American Law Schools. Her more than three dozen articles draw on ethics, art, and economics, as well as law, and include “Fair Use as Market Failure” (Columbia Law Review), “On Owning Information: Intellectual Property and the Restitutionary Impulse” (Virginia Law Review), “Of Harms and Benefits” (J. Legal Studies),“Render Copyright Unto Caesar” (University of Chicago Law Review), “A Property Right in Self-Expression” (Yale Law Journal), “An Inquiry into the Merits of Copyright” (Stanford Law Review),” and "Intellectual Property Law" (Oxford Handbook on Legal Studies). The Supreme Courts of the US and Israel have cited her work.

Jay P. Kesan

Jay P. Kesan is a Professor at the University of Illinois College of Law where he is H. Ross & Helen Workman Research Scholar and Director of the Program in Intellectual Property and Technology Law. Professor Kesan received his J.D. summa cum laude from Georgetown University, where he received several awards including Order of the Coif and served as associate editor of the Georgetown Law Journal. After graduation, he clerked for Judge Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit. Prior to attending law school, Jay Kesan – who also holds a Ph.D. in electrical and computer engineering from the University of Texas at Austin – worked as a research scientist at the IBM T.J. Watson Research Center in New York. He is a registered patent attorney and practiced at the former firm of Pennie & Edmonds LLP in the areas of patent litigation and patent prosecution. In addition, he has published numerous scientific papers, and he has obtained several patents in the U.S. and abroad. His recent publications can be found on SSRN (Social Science Research Network) at http://www.ssrn.com. At the University of Illinois, Professor Kesan is appointed in the College of Law, the Institute of Genomic Biology, the Department of Electrical & Computer Engineering, the Information Trust Institute, the Coordinated Science Laboratory, the College of Business, and the Department of Agricultural & Consumer Economics. Professor Kesan continues to be professionally active in the areas of patent litigation and technology entrepreneurship. He has served as a special master in patent litigations, and has served as a technical and legal expert and/or counsel in patent matters. He also serves on the boards of directors/advisors of start-up technology companies.

F. Scott Kieff

The Honorable F. Scott Kieff became a Commissioner of the U.S. International Trade Commission on October 18, 2013, after having been nominated by President Obama and confirmed by the Senate. Before swearing in, Commissioner Kieff took a leave of absence from serving as Fred C. Stevenson Research Professor at the George Washington University Law School in Washington, DC; and resigned from Stanford University’s Hoover Institution, where he was the Ray & Louise Knowles Senior Fellow. He previously taught at Washington University in Saint Louis, as a Professor in the School of Law with a secondary appointment in the School of Medicine’s Department of Neurological Surgery. Commissioner Kieff practiced law as a trial lawyer and patent lawyer law firms in New York and Chicago and served as Law Clerk to U.S. Circuit Judge Giles S. Rich. While an academic, he regularly served as a testifying and consulting expert, mediator, and arbitrator. He studied law at Penn and biology and economics at MIT. He was recognized as one of the nation’s “Top 50 under 45” by the magazine IP Law & Business in 2008, and was inducted as a Member of the European Academy of Sciences and Arts in 2012.

Oskar Liivak

Oskar Liivak, Professor of Law at Cornell Law School, graduated from Rutgers College with highest honors in 1994, received a Ph.D. 2000 in physics from Cornell University focusing on techniques for determining protein structure, and received a J.D. from the Yale Law School in 2005. From 2000 to 2001, he was a post-doctoral scientist working on physical realization of quantum computing in the Quantum Information Group at IBM's Almaden Research Center in San Jose, California. Prior to law school, he served as a patent agent in the Boston office of Fish and Richardson P.C. Most recently, Professor Liivak served as a law clerk to Judge Sharon Prost on the United States Court of Appeals for the Federal Circuit.

Christopher M. Newman

Associate Professor Christopher M. Newman at the Gorge Mason University, graduated magna cum laude from the University of Michigan Law School in 1999, where he served as book review editor for the Michigan Law Review and received Michigan's highest law school award, the Henry M. Bates Memorial Scholarship. He also holds a B.A. in classical liberal arts awarded by St. John's College in Annapolis, Maryland. Following law school, Professor Newman was a clerk for the Honorable Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, with whom he co- published What's So Fair About Fair Use?, 46 J. Copyright Soc'y 513 (1999). From 2000-2007, he was a litigation associate with Irell & Manella LLP in Los Angeles, where he represented clients in disputes involving contracts, business torts, intellectual property, corporate and securities litigation, and appellate matters, as well as pro bono family and criminal law matters. Professor Newman left practice at the beginning of 2007 to serve an Olin/Searle Fellowship in Law at the UCLA School of Law, where he focused on his research and writing in the areas of property theory and intellectual property, and from January 2008 until his arrival at Mason Law served as a research fellow of UCLA's Intellectual Property Project. In 2014 the American Law Institute named Professor Newman an Associate Reporter for the Restatement (Fourth) of Property.

Ted Sichelman

Ted Sichelman is a Professor of Law and Director of the Center for Computation, Law, and Mathematics and the Center for IP Law & Markets at the University of San Diego School of Law. Prior to becoming a law professor and lawyer, he founded a venture-backed software company, Unified Dispatch, which provides communications platforms to the ground transportation industry. Selected works include “Data-Generating Patents” in 111 Northwestern Law Review (forthcoming 2017); “Do Economic Downturns Dampen Patent Litigation?” in 12 Journal of Empirical Legal Studies 481 (with Marco and Miller) (2015); “Purging Patent Law of 'Private Law' Remedies” in 92 Texas Law Review 516 (2014); “The Vonage Trilogy: A Case Study in 'Patent Bullying'” in 90 Notre Dame Law Review 543 (2014); “Enforcement as Substance in Tax Compliance” in 70 Washington and Lee Law Review 1679 (with Lederman) (2013); “Patents as Promoters of Competition: The Guild Origins of Patent Law in the Venetian Republic” in 49 San Diego Law Review 1267 (with O’Connor) (2012); “Life After Bilski” in 63 Stanford Law Review 1315 (with Lemley, Wagner, and Risch) (2011); “Commercializing Patents” in 62 Stanford Law Review 341 (2010); “Patenting by Entrepreneurs: An Empirical Study” in 17 Michigan Telecommunications & Technology Law Review 111 (with Graham) (2010); and “High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey” in 24 Berkeley Technology Law Journal 255 (2009).

Karen Sandrik

Professor Karen Sandrik is a professor at the Willamette University College of Law. She writes in the intersection of commercial law and intellectual property law. Professor Sandrik teaches Contracts, Secured Transactions, Sales, Intellectual Property Law, Patent Law, and Technology Transfer and Commercialization. Before joining the Willamette University College of Law faculty, Professor Sandrik was a Visiting Assistant Professor at the Florida State University College of Law. Prior to teaching, Professor Sandrik was an associate in the intellectual property practice group at Troutman Sanders LLP (Atlanta). Her practice focused on intellectual property disputes and complex litigation in federal courts, with a special emphasis on patent licensing and litigation. Professor Sandrik attended the Florida State University College of Law, graduating with honors and as a member of the Order of the Coif. She also served as the Senior Articles Editors of the FSU Law Review. Prior to law school, Professor Sandrik played Division I soccer at Mississippi State University and was a member of the U-23 U.S. Women’s National Team. Molly Shaffer Van Houweling

Molly S. Van Houweling is Professor of Law, Associate Dean, and Co-Director of the Berkeley Center for Law & Technology at the University of California, Berkeley, School of Law. Her current research interests include the intersection of intellectual property and tangible property law and the relationship between copyright authorship and ownership. Professor Van Houweling serves as an Associate Reporter to the American Law Institute's Restatement of the Law of Copyright and an Adviser to the Restatement of the Law of Property. She is a founding director of the non-profit Authors Alliance and a member of the Creative Commons Advisory Board. She graduated from the University of Michigan and Harvard Law School and served as a law clerk to Judge Michael Boudin and Justice David Souter.

Greg R. Vetter

Professor Vetter is a leading expert on intellectual property as applied to software, with particular emphasis on free and open source software (FOSS) licensing. His scholarship is at the intersection of software and the business of software with patent law, copyright law, and licensing law. After receiving his undergraduate degree in electrical engineering, he worked full-time for nine years as a manager in the software field, gaining expertise in enterprise software design, management, and marketing. During these years he obtained a master’s degree in computer science, and an MBA, both through evening programs in Kansas City. He then obtained his JD from Northwestern University School of Law, attending from 1996 to 1999. After law school, he worked for two years at the law firm of Kilpatrick Stockton before clerking for the U.S. Court of Appeals for the Federal Circuit. Since his clerkship completed in 2002, he has served as a law professor at the University of Houston Law Center and served as a Co-Director of the Law Center’s Institute for Intellectual Property and Information Law (IPIL). He has taught as an invited visiting professor at three other law schools: the University of Texas at Austin School of Law; the University of Washington School of Law; and the Texas A&M University School of Law.

R. Polk Wagner

Polk Wagner is a professor at Pennsylvania Law School. He focuses his research and teaching in intellectual property law and policy, with a special interest in patent law. He has written over 20 articles on topics ranging from an empirical analysis of judicial decision-making in the patent law to the First Amendment status of software programs. His work has appeared in the Stanford Law Review, Columbia Law Review, and the University of Pennsylvania Law Review, among several others. He is the author (with Professor Craig Nard) of Patent Law: Concepts and Insights (Foundation Press 2008). He is a frequent lecturer on intellectual property topics worldwide. Prior to joining the Penn Law faculty in 2000, Wagner served as a clerk to Judge Raymond C. Clevenger III of the U.S. Court of Appeals for the Federal Circuit. He holds degrees from Stanford Law School, the University of Michigan, the College of Charleston, and was the 1994-95 Roger M. Jones Fellow at the London School of Economics. Jacques de Werra

Jacques de Werra is Professor of contract law and intellectual property law at the Law School of the University of Geneva, Switzerland. He authored a doctoral thesis in Swiss and comparative copyright law which he completed as a visiting scholar at the Max-Planck Institute for Intellectual Property, Competition and Tax Law in Munich in 1996. He then practiced law in Switzerland, before obtaining an LL.M. degree from Columbia Law School in New York City in 2001 and being admitted to the New York bar in 2002. Professor de Werra researches, publishes and discusses on topics related to various aspects of intellectual property law, contract law, particularly on the commercialization of intellectual property assets with the use of transfer of technology, licensing and franchising, IT and Internet law, as well as alternative dispute resolution mechanisms for IP and technology disputes. He is the coordinator of the WIPO - University of Geneva Summer school on Intellectual Property for the University of Geneva. Jacques is the editor of a scientific books series, propriété intellectuelle - intellectual property, in which the proceedings of annual intellectual property law conferences held at the University of Geneva are published (journées de droit de la propriété intellectuelle). He is now doing research on the topic of intellectual property contracts and most particularly on licensing contracts from a comparative and policy perspective. Moderators

Yonathan Arbel

Dr. Yonathan Arbel is a postdoctoral fellow in Private Law at Harvard Law School. He holds an SJD degree from Harvard Law School, a JSM degree from Stanford Law School where he was a fellow of the SPILS program, and an LL.B., from the Hebrew University, where he graduated summa cum laude with a joint degree in law and the honors program in humanities. He was a clerk at the Israeli Supreme Court for the honorable Justice Ayala Procaccia, and he served as Chief Justice (retired) Aharon Barak’s assistant. During his years at Harvard, Yonathan was a fellow with the John M. Olin Center for Law and Economics and was a Byse Fellow, leading a workshop at Harvard Law School on Debt, Contract, and Default. He has taught for six years at the Harvard Economics department, a section on the economic analysis of contract law. Yonathan is a co- founder of the international legal research firm, Lexidale, and he headed the largest empirical study on cross-border mergers to date for the European Commission. Dr. Arbel’s work is focused theories of enforcement of private legal obligations, and his work combines empirical and theoretical methodologies.

Patrick Goold

Patrick Goold joined IIT Chicago-Kent in 2014 as an IP Fellow. While in Chicago, Dr. Goold will teach international intellectual property and European Union law. His research interests lie at the intersection between intellectual property, private law theory, and jurisprudence. He is currently engaged in a long-term research project that uses tort theory to understand and evaluate copyright law. His most recent articles have appeared in the VIRGINIA LAW REVIEW, BOSTON UNIVERSITY LAW REVIEW, and the BERKELEY TECHNOLOGY LAW JOURNAL. Dr. Goold's legal education spanned three countries. He received his LL.B. from Newcastle University (United Kingdom) in 2008 and his LL.M. from Cornell Law School in 2009. In 2013, he was awarded a Ph.D. in law from the International Max Planck Research School for Competition and Innovation (Germany). During his doctoral studies, he was also a repeat visiting researcher at the Center for IP and Information Law at the University of Cambridge. From 2012 to 2014, Dr. Goold worked as the Microsoft Research Fellow at UC Berkeley School of Law. Dr. Goold is also qualified to practice law in New York.

Kirti Gupta

Dr. Kirti Gupta is a Director of Economic Strategy at Qualcomm Inc., where she serves as an in- house economist, specializing on Intellectual Property (IP) and competition policy and strategy. In this role, she is responsible for managing the substantive direction of the global IP policy and advocacy outreach efforts, and for conducting original research on issues related to IP and competition law and economics -- published in both law and economics journals. She has been involved in various international antitrust and litigation cases. Kirti has also been responsible for developing economic models for determining Qualcomm’s optimal IP strategy world-wide and on designing algorithms for IP portfolio valuation. Prior to her role as an economist, Kirti spent over a decade as a wireless systems engineering expert, working on research and development of third and fourth generation (3G and 4G) wireless cellular systems and has represented Qualcomm in various global technology standards bodies. She is an inventor of ten granted U.S. patents and several pending patent applications in the field of wireless communications. Dr. Gupta holds a Master's degree in Electrical Engineering from Purdue University, and a Ph.D. in Economics from the University of California, San Diego.

David J. Kappos

David J. Kappos is a partner at Cravath. He is a leader in the field of intellectual property, including IP management and strategy, the development of global IP norms, laws and practices as well as commercialization and enforcement of innovation-based assets. From 2009 to 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO). In that role, he advised the President, Secretary of Commerce and the Administration on IP policy matters. Mr. Kappos led the Agency in dramatically reengineering its entire management and operational systems and its engagement with the global innovation community. He was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the 2011 Leahy-Smith America Invents Act. Prior to leading the USPTO, Mr. Kappos served as IBM’s chief intellectual property lawyer from 2003 to 2009. In that capacity, he managed all global IP activities for IBM. During his more than 25 years at IBM, he also served in a variety of other roles including litigation counsel and Asia Pacific IP counsel, where he led all aspects of IP protection, including licensing, transactions support and M&A activity for the Asia/Pacific region.

Chief Judge Patti B. Saris

United States District Judge Patti B. Saris became Chief Judge of the United States District Court for the District of Massachusetts on January 1, 2013. She became Chair of the United States Sentencing Commission in Washington, DC in January, 2011. She is a graduate of Radcliffe College ‘73 (Magna Cum Laude, Phi Beta Kappa) and Harvard Law School ‘76 (Cum Laude). After graduating from law school, she clerked for the Supreme Judicial Court, and then went into private practice. When Senator Edward M. Kennedy became chairman of the Senate Judiciary Committee, she moved to Washington D.C. and worked as staff counsel. She later became an Assistant United States Attorney, and eventually chief of the Civil Division. In 1986, Judge Saris became a United States Magistrate Judge, and in 1989, she was appointed as an Associate Justice of the Massachusetts Superior Court. In 1994, she was appointed to the United States District Court.

Rebecca L. Tushnet

Rebecca Tushnet is a professor of law at Georgetown. She previously clerked for Associate Justice David H. Souter and worked in private practice. Her work focuses on copyright, trademark, and advertising law. With Eric Goldman, she publishes a casebook on advertising and marketing law, and has a forthcoming book on images in intellectual property law. She helped found the Organization for Transformative Works, a nonprofit dedicated to supporting and promoting fanworks. Her blog, tushnet.blogspot.com, is one of the top intellectual property blogs, and her writings may be found at tushnet.com. She is also an expert on the law of engagement rings. Alfred C. Yen

Alfred C. Yen is the Associate Dean of Faculty, Professor of Law, Law School Fund Scholar, and Director of the Emerging Enterprises and Business Law Program at Boston College Law School. Professor Yen also served as Associate Dean for Academic Affairs at Boston College Law School from 2000-2002, and as Visiting Scholar at the University of Arizona from 2012- 2016. For 2007-08, he was Inaugural Distinguished Visiting Scholar of Intellectual Property at Drexel University School of Law. Professor Yen’s works include articles about third party copyright liability in the Georgetown, Case Western, and Minnesota law reviews, as well as the casebook Copyright: Essential Cases and Materials, Third Edition (forthcoming 2016, West Publishing), co-authored with Joseph Liu. Professor Yen also has interests in sports law, torts, and the training of business lawyers. Commentators

Michael Abramowicz

Michael B. Abramowicz is a Professor at George Washington University. He specializes in law and economics, spanning areas including intellectual property, civil procedure, corporate law, administrative law, and insurance law. His research has been published in the California Law Review, Columbia Law Review, Cornell Law Review, Harvard Law Review, Michigan Law Review, New York University Law Review, Stanford Law Review, University of Chicago Law Review, Virginia Law Review, Yale Law Journal, and many others. He has also published a book, Predictocracy: Market Mechanisms for Public and Private Decision Making, with the Yale University Press. Before coming to GW, Professor Abramowicz served as an Assistant and then Associate Professor at George Mason University School of Law. Professor Abramowicz has also served as a Visiting Assistant Professor at Northwestern University School of Law and as a Visiting Associate Professor at the University of Chicago Law School.

Shyamkrishna Balganesh

Shyam Balganesh is a Professor of Law at the University of Pennsylvania Law School. His scholarship focuses on understanding how intellectual property and innovation policy can benefit from the use of ideas, concepts and structures from different areas of the common law, especially private law. His most recent work examines the Legal Realist origins of copyright law's modern tests to determine infringement, and shows that they were rooted in a dystopian vision of lower court fact-finding that has since come to be discredited by the U.S. legal system. While at Yale Law School, he was an Articles & Essays Editor of the Yale Law Journal and a Student Fellow at the Information Society Project (ISP). Prior to that he spent two years as a Rhodes Scholar at Balliol College, Oxford. Recent articles include: "The Questionable Origins of the Copyright Infringement Analysis," Stanford Law Review(forthcoming 2016), "Copyright and Good Faith Purchasers," California Law Review (forthcoming 2016), "Structure and Value in the Common Law," University of Pennsylvania Law Review (forthcoming 2015), "Unplanned Coauthorship," Virginia Law Review (2014), "Copyright Infringement Markets," Columbia Law Review (2013), "Gandhi and Copyright Pragmatism," California Law Review (2013), “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” Harvard Law Review (2012); and “The Normativity of Copying in Copyright Law,” Duke Law Journal (2012), among others.

Bruce Boyden

Bruce Boyden is an Associate Professor at Marquette University Law School. He teaches and writes in the areas of copyright, Internet law, privacy, legal history, and civil procedure. His scholarship focuses on the ways in which legal doctrine adapts to sudden changes in technology or society. His previous articles include Aereo and the Problem of Machine Volition, 2015 MICH. ST. L. REV. 485; Regulating at the End of Privacy, 2013 U. CHI. LEGAL F. 173; and Games and Other Uncopyrightable Systems, 18 GEO. MASON L. REV. 439 (2011). He is currently researching the historical development of the doctrines of secondary liability and substantial similarity in copyright law. Prior to joining the faculty at Marquette, Professor Boyden was a visiting professor at Washington & Lee University School of Law and at Michigan State University College of Law. Before that, he was in private practice for several years with the law firm Proskauer Rose LLP, where his practice focused on copyright, digital rights management, privacy, and Internet law. Professor Boyden is a graduate of Yale Law School, where he served as Notes Editor of the Yale Law Journal and as an Editor of the Yale Journal of Law & Feminism. He received his M.A. in history from Northwestern University and his B.A., summa cum laude, from the University of Arkansas in history and philosophy. He blogs at the Marquette Law Faculty Blog.

Oren Bracha

Oren Bracha is a professor of law at the University of Texas. He is a legal historian and an intellectual property law scholar. His dissertation "Owning Ideas" is a comprehensive intellectual history of Anglo-American intellectual property law. Bracha was a law clerk for Chief Justice Aharon Barak of the Supreme Court of Israel. Prior to coming to UT he worked on several teaching and research projects for the Berkman Center for Internet and Society at Harvard Law School. His fields of interest include intellectual property, cyberlaw, legal history and legal theory.

Julie E. Cohen

Julie E. Cohen is the Mark Claster Mamolen Professor of Law & Technology at the Georgetown University Law Center. She teaches and writes about copyright, surveillance, privacy and data protection, and the governance of information and communication networks. She is the author of Configuring the Networked Self: Law, Code and the Play of Everyday Practice (Yale University Press, 2012), Between Truth and Power (Oxford University Press, forthcoming), and numerous journal articles and book chapters, and a co-author of Copyright in a Global Information Economy (Aspen Law & Business, 4th ed. 2015). Professor Cohen is a member of the Advisory Board of the Electronic Privacy Information Center.

John Duffy

John Fitzgerald Duffy is Professor of Law at University of Virginia School of Law in Charlottesville, Virginia. He is a Legal Commentator and Author who has written numerous articles and co-authored a scholarly book on Patent Law. He previously served as law clerk to The Honorable Antonin Scalia, Associate Justice of the Supreme Court of the United States, and the Honorable Stephen F. Williams, Judge of the United States Court of Appeals for the District of Columbia Circuit. Between these two assignments, he served as an attorney at the Office of Legal Counsel in the United States Department of Justice. In addition to clerking for Justice Scalia, Professor Duffy has been very influential in regard to constitutional law and the appointment of federal judges. Brett Frischmann

Brett Frischmann is a professor at Cardozo Law School. He is the director of the Cardozo Intellectual Property and Information Law Program. His expertise is in intellectual property and Internet law, and in particular the relationships between infrastructural resources, property rights, commons, and spillovers. He recently published Infrastructure: The Social Value of Shared Resources with Oxford University Press, which devotes much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. Professor Frischmann is a prolific author, whose articles have appeared in Columbia Law Review, Cornell Law Review, University of Chicago Law Review, and Review of Law and Economics.

Keith Hylton

Keith Hylton is William Fairfield Warren Distinguished Professor of Boston University (a university professorship), and a professor of law at Boston University School of Law. He writes and teaches on topics in law and economics. Hylton has published numerous articles and books in several areas including tort law, antitrust law, and intellectual property law. His most recent book, Laws of Creation: Property Rights in the World of Ideas, Harvard University Press, 2013, provides a utilitarian defense of the intellectual property laws. He is currently completing a textbook that integrates theoretical scholarship of the last three decades with a close analysis of tort doctrine (Tort Law: A Modern Perspective, Cambridge University Press, forthcoming 2016).

Timothy R. Holbrook

Timothy R. Holbrook is a professor of law at Emory Law School. He graduated summa cum laude and as valedictorian from North Carolina State University, earning a BS in chemical engineering with a life sciences concentration. He received his JD from Yale Law School, where he served as a lead editor and publications director of the Yale Journal on Regulation. After law school, he clerked for the Honorable Glenn L. Archer Jr. of the US Court of Appeals for the Federal Circuit. Following his clerkship, Professor Holbrook worked in Budapest, Hungary, with the Hungarian patent law firm Danubia. Upon his return to the United States, he associated with the Washington, DC, law firm of Wiley, Rein & Fielding (now Wiley Rein), where his practice focused on patent and appellate litigation. Before joining the Emory faculty, Professor Holbrook was a tenured professor at the Chicago-Kent College of Law. He served as the Edwin A. Heafey Jr. Visiting Professor of Law at Stanford Law School and also has taught as a visiting professor at the University of Denver Sturm College of Law and Washington University School of Law in St. Louis. He was a scholar-in- residence at the Center for Media and Communication Studies at the Central European University (CEU) (Budapest, Hungary) and served as a visiting professor in CEU’s Legal Studies Department.

Joseph Liu

Joseph Liu is a Professor at Boston College Law School. Professor Liu writes and teaches in the areas of copyright, trademark, and internet law, with a particular focus on how digital technology is changing the way consumers interact with copyrighted works. Prior to Boston College, Professor Liu served as V.P. and General Counsel to a venture-backed internet startup. He clerked for the Honorable Levin H. Campbell of the U.S. Court of Appeals for the First Circuit. He is a graduate of Yale College and Columbia Law School, where he was Editor-in-Chief of the Columbia Law Review.

Michael J. Meurer

Michael J. Meurer is the Abraham and Lillian Benton Scholar and Professor of Law at Boston University. His research and teaching concerns patent law, law and economics, antitrust law, copyright law, contract law and regulation. Before arriving at BU Law, he was an economics professor at Duke University and later a law professor at the University at Buffalo. As an undergraduate he majored in economics, and interdisciplinary science at MIT. He has a Ph.D in economics and a J.D. from the University of Minnesota. Professor Meurer has received numerous grants and fellowships, including, the David Saul Smith Award from BU Law, a grant from the Kauffman Foundation, two grants from the Pew Charitable Trust, a Ford Foundation grant, an Olin Faculty Fellowship at Yale Law School and a postdoctoral fellowship at AT&T Bell Labs. His book with James Bessen, Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, was published in 2008.

Adam Mossoff

Adam Mossoff is Professor of Law at George Mason University School of Law. He is also Co- Director of Academic Programs and a Senior Scholar at the Center for the Protection of Intellectual Property at George Mason, which he co-founded in 2012. His research focuses on the theory and history of how patents and other intellectual property rights are private property rights that should be secured to their owners and legally protected as commercial assets in the marketplace. He has testified before the Senate and the House on patent legislation, and he has spoken at numerous congressional staff briefings and academic conferences, as well as at the PTO, the FTC, the DOJ, the National Academy of Sciences, and the Smithsonian Institution. Professor Mossoff graduated with honors from the University of Chicago Law School, where he was a research assistant to Richard A. Epstein. Following law school, he was a John M. Olin Fellow in Law and Visiting Lecturer at Northwestern University School of Law, and he clerked for the Honorable Jacques L. Wiener, Jr. of the U.S. Court of Appeals for the Fifth Circuit. He holds an M.A. in philosophy, specializing in legal and political philosophy, from Columbia University and a B.A. with High Distinction and High Honors in philosophy from the University of Michigan.

Christina Mulligan

Professor Mulligan is a professor at Brooklyn Law School. She teaches courses in Internet law and intellectual property. Her scholarship addresses intellectual property, property, and the relationship between law and technology, and her research seeks to better adapt intellectual property law for the digital age. Professor Mulligan joined the faculty from University of Georgia Law, where she taught from 2013 to 2014. Previously, she served as a postdoctoral associate and lecturer in law for the Information Society Project at Yale Law School. Her scholarship has been published in a variety of journals and law reviews, including the Tennessee Law Review, the New York University Annual Survey of American Law, and the SMU Law Review. Professor Mulligan earned her bachelor’s degree cum laude and her law degree cum laude from Harvard University, where she served as a production and article editor for the Harvard Journal of Law & Technology. Before entering academia, she served as a staff attorney at the Institute for Justice and as a law clerk for Judge Charles F. Lettow of the U.S. Court of Federal Claims.

Kali Murray

Kali Murray is an Associate Professor of Law at Marquette University Law School, and a Co- Program Director of the Marquette Intellectual Property Program. Kali studies the politics of patent law, through its relationship to administrative law, socio-cultural history, and institutional politics. Her recent work includes Constitutional Patent Law: Principles and Institutions, 93 NEB. L. REV. 901 (2014), and What is Owed: Obligation’s Relevance in Property and Intellectual Property Theory, A symposium Edition - A Review: Peter Gerhart's Property Law and Social Morality Texas A&M J. PROP. L. 276 2015. Her work, The Politics of Patent Law: Crafting the Participatory Bargain analyzes how patent law’s institutional and legal mechanisms provide for a vocabulary of participation for third-party interests in the grant, issuance and enforcement of patents.

Gideon Parchomovsky

Gideon Parchomovsky is a Professor of Law at the University of Pennsylvania and Bar Ilan. He specializes in intellectual property, property law, and cyber law. Parchomovsky has already made significant contributions to the field through his wide-ranging scholarship, having written numerous articles for major law reviews on property and liability rules, insider trading, trademarks, domain names, and patents. Most recently, he has been advocating the need for a comprehensive property theory and the need to introduce a value-oriented theory. Parchomovsky has received the A. Leo Levin Award presented to the best teacher of a first-year course.