PATENT PENDING ? New Options for Post-Grant Challenges Change the Game for Patent Lawyers

Du K NON-PROFIT ORG. e Duke Law Magazine l U.S. POSTAGE a Duke University School of Law W 210 Science Drive PAID m agazine agazine Box 90389 DURHAM, NC Durham, NC 27708-0389 PERMIT NO. 60 CHANGE SERVICE REQUESTED Fall 2015 | Volume 34 Number 2 f all 20 15 PATENT Duke Law faculty discuss changes, challenges, and PENDING their constant pursuit of excellence in the classroom. page 32 ? New options for post-grant challenges v olume 34 change the game for patent lawyers n umber 2 From the Dean Dear Friends: s Many Of yOu knOw from your own time our faculty are doing important work. three years at duke Law, we have an exemplary faculty of after the passage of the landmark patent reform legis- Ascholars and teachers here. they are leaders in their lation known as the america Invents act, the intellec- fields who inspire our students, serve the public, tual property bar is still adapting to the changed land- and distinguish this law school as one of the finest scape for contesting patent rights, which is the subject anywhere. they are consistently rated at the very top of our cover story beginning on page 24. these for their skill in the classroom and their creativity as changes to the patent law are still controversial and thinkers and writers. supporting the advancement have been a focus of arti Rai’s scholarship as well as of their work is one of my primary goals and respon- for the center for Innovation Policy, of which she and sibilities as dean, and many of you have helped. stuart Benjamin are faculty co-directors. the center during the current Duke Forward fundraising hosted a June roundtable in washington on post-grant campaign, the generosity of our alumni and donors challenges that attracted academics, lawyers, and has funded faculty-led programs like the center policymakers — a perfect illustration of how dynamic for Judicial studies, the International Human faculty can use their skills, stature, and knowledge to Through the tremendous generosity of The Rights clinic, and the Program in Public Law, and convene, increase understanding, and effect change. Duke endowment, the Law School is pleased endowed eight new professorships, six of them the exceptional strength of our intellectual prop- to announce t he Duke law faculty through matching funds provided by stanley ’61 erty program is thanks in large part to david Lange, endowment challenge! and elizabeth star. and shortly before this issue of who is retiring from full-time teaching at the end of Duke Law Magazine went to press, we announced the year. david arrived at duke in 1971 after working the receipt of a $5 million grant from the duke as a media and entertainment lawyer, long before This new $5 million matching gift challenge program endowment that will create a matching gift fund technology and the Internet would transform the has been established to incentivize donor gifts to to challenge donors to add approximately six more worlds of music, movies, and communications gener- the Law School to create new named endowed endowed professorships in the next two years. (Read ally. through his scholarship, such as his pioneering faculty positions, including full professorships, more, page 13.) writing on the importance of the public domain, he professors of the practice, a director of clinical One of the attributes of our faculty I appreciate brought international renown to the Law school, even- the most is their eagerness to learn together and tually helping us recruit arti Rai, stuart Benjamin, education position, and clinical professors of law. from one another. Last year, the faculty kicked Jerry Reichman, and Jamie Boyle to join him. and off an initiative to examine and reflect on our his extraordinary teaching ability left an indelible The matching funds provided by the Duke Law teaching methods and consider new and alternative mark on generations of duke Law students. we have faculty endowment Challenge, allocated on a dollar- approaches — from law and other disciplines. the two tributes to him as an educator, mentor, scholar, to-dollar basis, will assist the Law School in fulfilling three co-chairs of the initiative — one each from our and colleague in this issue: one by Jeff Powell, who one of its primary goals in the Duke Forward research, clinical, and writing faculty — reflected our in 2009 co-authored with david No Law: Intellectual understanding that there are different teaching styles Property in the Image of an Absolute First Amendment , campaign — establishing new faculty positions. and approaches appropriate to different settings. and another by Jennifer Jenkins ’97, a former student One of the Beginning on page 32, we asked a number of our of david’s who is now director of duke Law’s center all of us at Duke Law School extend our heartfelt attributes of faculty members to discuss what they have learned for the study of the Public domain. (see page 21.) thanks to our friends at The Duke endowment through the teaching Initiative and how their jobs as david’s retirement from teaching will be a big loss. for paving the way to success with this important legal educators are changing with new generations of But those of you who know him will take heart that in our faculty I new venture! students, new technologies, and new understanding emeritus status david’s forceful character and expres- appreciate the of how learning occurs. I think you’ll find their sion will still be evident and influential at the Law most is their answers quite interesting. school while we continue to build on the foundations another admirable attribute of our faculty mem- he helped to lay. »t o make a gift: Please contact associate eagerness to bers is their engagement with the most pressing Dean Jeff Coates at (919) 613-7175 or learn together issues of our time, whether in human rights, crimi- [email protected]. nal justice, protection of the environment, access to and from one justice, or constitutional interpretation. a great exam- David f. Levi another. ple is in the area of intellectual property law, where Dean and Professor of Law Fall 2015 Volume 34 Number 2 Dean David F. Levi executive Director of PATENT communications Andrew Park eDitor PENDING Frances Presma contributing Writers ? Valerie Marino New options for Forrest Norman Rachel Flores Osborne post-grant challenges Andrew Park Frances Presma change the game Melinda Myers Vaughn for patent lawyers Avery Young art Direction & Design Marc Harkness PhotograPhy Miguel Bordo page Courtney Davis Jared Lazarus 24 Jay Mallin Megan Mendenhall Rachel Flores Osborne Les Todd 32 illustration Camille Demarinis Marc Harkness Web ProDuction Miguel Bordo Duke Law faculty discuss Jennifer Carpenter changes, challenges, and Courtney Davis their constant pursuit of Michael Wright excellence in the classroom. alumni notes Editor Janse Haywood 14 17 ProDuction assistant Rachel Flores Osborne In21 praise of a colleague, mentor, and friend 8 Duke Law Magazine is published under the auspices of the Office of the Dean, Duke University Law School, 210 Science Drive, Box 90362, Durham, NC 27708 Dean’s Message This publication was The Commons 2 produced using 48 paper which supports Duke’s commitment Faculty Focus 16 to sustaining our environment. Profiles 46 Alumni Notes 54 In Memoriam 63 Sua Sponte 64 46 Ideas, achievements, and events The Commons from around Duke Law School uke Law facuLty and students are undertaking a yearlong study Examining of topics at the intersection of law and markets to investigate foundational questionsD about how law can address market inequalities, how market forces the strengths might be effective in areas where laws are ineffective, and the philosophical underpinnings of market-driven and regulatory approaches to various issues. and limits of the duke Law Project on Law and Markets, led by Professors kimberly krawiec and Joseph Blocher, includes faculty workshops, a colloquium for faculty and sem- markets inar students, a speaker series, and a symposium that will result in a volume of relevant scholarship in the journal Law and Contemporary Problems. “Our goal is to bring the community together around a broad topic and to really think hard about it,” said krawiec, the kathrine Robinson everett Professor of Law. “Joseph and I were excited about law and markets because of work that the two of us had been doing separately about the role of markets as they relate to law.” krawiec, a scholar of corporate law, securities, and derivatives, also studies non-traditional and taboo markets, such as those for babies — via sperm and egg 2 Duke Law Magazine • Fall 2015 Professors Kimberly Krawiec and Joseph Blocher head the Duke Law Project on Law and Markets donation, surrogacy, and adoption — and for trans- donation, “which is not a literal market, because “Markets involve plant-ready human organs. In some of his recent it’s illegal to trade in organs.” works Blocher, a scholar of constitutional and prop- the current project was inspired by the duke more than money erty law, has contemplated interstate and sovereign Project on custom and Law that occurred over changing hands. border markets as a possible solution to a range of the course of the 2011–2012 academic year and economic and political problems. resulted in a symposium issue of the Duke Law A market is a at the project’s kick-off event in June, 30 faculty Journal with articles on such topics as customs mechanism for members discussed a controversial 1970 article on in the art market, norms in kidney exchange blood donation, which argued that a system based programs, and how the Internal Revenue service allocating scarce on altruism is superior to a market-based system draws on custom to under-enforce portions of resources, and the regulated by self-interest.

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