Thomson Reuters (West) selected DePaul
University College of Law Associate Professor Michael Grynberg's article The Meaning of
Hana: The Promise of
Lexmark (39 Colum. J.L. &
Arts 41 (2015)) as one of the best intellectual property articles of
2015. It will be included in the 2016 edition of Thomson Reuters'
Intellectual Property Law Review.
Professor Grynberg's article analyzes
two recent Supreme Court decisions related to trademark law. Hana
Financial, Inc. v. Hana Bank raised issues regarding whether
trademark tacking and the “likelihood of confusion” question is a
matter of fact for juries or a matter of law for judges, as well as
highlighted the Lanham Act's limited defenses. In Lexmark
International, Inc. v. Static Control Components, Inc., the
United States Supreme Court clarified who has standing to sue for
false advertising. In the article, Grynberg acknowledges that this
decision could simultaneously lead to more false advertising
plaintiffs while also offering greater protections for trademark
Professor Grynberg was inspired to
write the article while preparing for an American Bar Association
panel about recent Supreme Court decisions on trademark law. During
his initial research, he discovered a depth to Hana,
particularly in relation to its connection to the Lexmark
decision, that could have
significant impact on intellectual property law decisions in the
A member of
DePaul's College of Law faculty since 2012, Grynberg teaches
Cyberlaw, Property, and Trademark.
DePaul College of Law’s Center for Intellectual Property Law & Information Technology (CIPLIT) hosted a delegation of seven judges and lawyers from China to discuss global intellectual property issues and education on August 2, 2
016. The program was arranged as part of the U.S. Department of State’s International Visitor Leadership Program.
Considering the importance of how intellectual property law affects global trade and the business community, participants shared ideas about how the public and private sector can work together to implement greater legal protections for intellectual property rights. Education was another important topic of the meeting as the delegates learned about CIPLIT and DePaul’s approach to intellectual property education, expressing a particular interest in legal drafting courses.
The Chinese delegates represented various areas of law and government. Judge Shiwen Lan of the Intellectual Property Rights Court of Shenzhen Intermediate People’s Court has handled hundreds of intellectual property cases and has performed extensive research in determining damages in these matters. Judge Li Liu of the Jiangsu High People’s Court, Intellectual Property Rights Division, has spent over a decade advocating for stronger intellectual property protections through research projects and speaking engagements. Judge Hong Ma, presiding judge of the Ningbo Intermediate People’s Court and Intellectual Property Court, has authored numerous publications on strengthening intellectual property rights legal policies. Judge Zhizhu Zheng, is one of 10 presiding judges of the Guangzhou Intellectual Property Court, which is one of three courts in China that seek to develop consistency in intellectual property trials. As deputy office director of the law enforcement department, Ningbo Municipal Intellectual Property Bureau, Huarong Wu resolves patent disputes and creates new policies to improve intellectual property rights protections. Fajie Li, senior partner of Yingke Law Firm, concentrates on corporate law, finance and intellectual property, and also serves as deputy editor-in-chief of a legal reference guide.
Dean Jennifer Rosato Perea, CIPLIT Executive Director Ellen Gutiontov, and Professors Tony Volini and Ana Santos Rutschman represented DePaul, along with alumni Dermot Horgan (JD ’94) and Jing Zhang (JD ’08) from the Buffalo Grove, Illinois, law firm IpHorgan also participated.
DePaul University College of Law has named Ana
Santos Rutschman the Jaharis Faculty Fellow for academic year 2016-2017.
Rutschman will be conducting cutting-edge research at the intersection of
health law and intellectual property, specifically related to the negotiation
of intellectual property licensing in the biopharmaceutical industry during pandemic
Rutschman, an SJD candidate at Duke
University School of Law, is currently finishing a project with the World
Health Organization (WHO) that charts the licensing of intellectual property and
its effect on the response to the outbreaks of the Ebola and Zika viruses in 2014 and
2015. Her research evaluates the global response, but in particular maps the European
and American reaction times and systems. She explains that organizations, like
the WHO, are beginning to look at how intellectual property negotiations can be
streamlined to allow for faster development and deployment of medical
treatments during such outbreaks.
“The area of IP negotiations is still
underexplored, especially in terms of what are best practices in emergency
responses,” said Rutschman. “Much could be avoided if we had better blueprints
for negotiations in pandemic outbreaks like [Ebola]. The biopharmaceutical
industry traditionally acts very slowly; it generally takes at least 10 years
to develop a vaccine. ... It’s unfortunate that IP could stand in the way for
vaccines already in the pipeline when an emergency happens, like the Zika and
Rutschman discovered that, with Ebola, vaccines
were eventually passed through the system before licensing was completely
finalized. “If we can agree in advance on a set of provisions related to IP,
then we can move ahead with those contracts or agreements after the vaccines
have been pushed through the pipeline to help address emergency situations.”
During the course of her research on the
response to the Ebola outbreak, Rutschman talked to many different
organizations, some of which were not yet looking at Ebola as a case study on
the interplay between intellectual property and global responses to pandemic
outbreaks. Then, the Zika outbreak began. She explained that some of the same
organizations “rushed to map out previous alliances based on the Ebola
responses. ... Behaviors changed a lot. That was certainly some of the most
fascinating part of my work.”
In addition to her research, Rutschman will
teach a seminar on health innovation and intellectual property and a course on food
and drug law at DePaul. She also will work closely with the Jaharis Health Law Institute and the Center for Intellectual Property Law & Information Technology. She begins the one-year fellowship on July 1.
DePaul's 2016 health law symposium featured practitioners, technological experts
and other professionals working together in the health care
sector and using technological advances to improve upon traditional practices. "The New Frontier of Health Innovation: Navigating the Regulatory Landscape" offered insights from individuals navigating an increasingly complex
set of statutory and administrative rules and the legal practitioners that
aid their efforts.
"In many ways, this is a lecture we couldn’t have given two
to three years ago," said Dr. Raj Shah, principle investigator at the Chicago
Area Patient-Centered Outcomes Research Network and associate professor of
family medicine at Rush University Hospital. Shah led the panel discussion, "Protecting Information in the Face of Innovation: Precision Medicine and the
Population Health Research in Health Systems." Shah provided a brief history of health care security
regulation, including complications with the HIPAA Privacy Rule and HITECH, and presented current tensions needing resolution. He described evolutionary steps toward acquiring
more data, such as contractual agreements to enable efficient and value added
data flows for research, institutional collaboration and data repositories at
institutions. In addition, he discussed the balance between data privacy and protecting commons.
Other panels discussed legal and regulatory considerations, ethics in healthcare technology and the impact of gender and sex on innovation and health technology.
"The symposium provided DePaul a terrific opportunity to
bring together health care innovators with lawyers and regulators to discuss
both the potential and the challenges that technological advances and the use of
big data bring to the field," said Associate Professor Wendy Netter Epstein, faculty director of the Jaharis Health Law Institute (JHLI). "This sort of
collaboration among key industry players is central to the mission of the
The symposium was presented by the DePaul Journal of Health Care Law, the JHLI, the Center for Intellectual Property Law & Information Technology, and the DePaul Journal of Art, Technology & Intellectual Property.
DePaul University College of Law's intellectual property and information technology law programs received “A” ratings in the Winter 2016 issue
of preLaw magazine. The magazine graded law schools based on the breadth of their curricular offerings.
“We are pleased by the ‘A’ rating accorded our intellectual property program,” said Center for Intellectual Property Law & Information Technology (CIPLIT®)
Director Margit Livingston. “We take pride in our IP faculty’s teaching capability and scholarly achievements, the diverse and excellent backgrounds of our students, the depth and breadth of our IP curriculum and the extent of the opportunities for students for hands-on experience in IP through our IP clinic, externships and summer fellowships.”
DePaul offers a wide range of intellectual property courses and programs
, including four IP certificates, the Technology/Intellectual Property Clinic
and two joint degrees.
In today’s consumer marketplace, many people pay as much attention to how an object looks as they do to its purpose or function. While some might see this trend as strange, even frustrating, third-year student Phil Ruben sees opportunity.
For the past two summers, Ruben has worked as a summer associate at the Chicago-based intellectual property law firm McAndrews Held & Malloy. His special area of interest: design patents.
“This is a rapidly growing area of patent law, with companies specializing in everything from technology to furniture seeking to protect their designs,” Ruben explained. “It’s a fascinating space to be in, and one that’s filled with opportunity.” Following graduation, Ruben will be working in the patent law sector full time, an achievement he attributes to his DePaul education and his experiences as a summer associate.
McAndrews is widely recognized in the intellectual property field and boasts one of the most highly regarded teams of IP attorneys, patent agents and technology specialists in the United States. Every attorney in the firm holds a degree in science or engineering and many have also worked in technology and IP-focused industries, a combination that dovetails nicely with Ruben’s background and experience. “My engineering degree program at Cincinnati was a mandatory five years and included a total of six co-op placements in the field, so I had worked at BMW Manufacturing and Dow Chemical before entering law school,” he explained.
Ruben spent his first summer at the firm conducting a variety of research projects, document reviews and prior art searches and enjoyed the work so much that he continued on with the firm part time through his second year of law school. His responsibilities expanded as his knowledge and experience grew. “I was assigned more writing projects and had the opportunity to draft a couple of motions and prepare several design patents,” he noted.
Ruben remained with McAndrews through his second summer in Chicago and was given the opportunity to work on a state-of-the-law memo for a big client’s inhouse counsel. “It was incredibly rewarding to have my work make its way into the client’s hands.”
Ruben said that his time at DePaul Law, as well as his summer associate work, has been invaluable in preparing him for a successful career in law. Although he’ll be continuing in a full-time position with McAndrews following graduation, he asserts that even if he hadn’t stayed with that particular firm, his summer associate experience would prove beneficial.
“Being able to speak the lingo of your specialty and gaining hands-on experience while still in school makes you so much more marketable as a new attorney,” he observed. “Working on cases in a law firm introduces you to things that would never come up in the classroom, and you’re exposed to much more material than you could ever cover in a semester.
“I chose to attend DePaul because it offers an IP specialty,” Ruben noted. “The faculty is top-notch and the alumni network is tremendous. The school is well-known in the greater Chicago area, which is where I wanted to stay, and DePaul alumni have a reputation for being very supportive of one another and welcoming to recent graduates. From the first time I stepped onto campus, I really liked the culture I encountered, and that initial impression was borne out. I’ve had a great experience.”
On August 6 and 7, the Center for Intellectual Property Law & Information Technology (CIPLIT) will host the annual Intellectual Property Scholars Conference
at the DePaul Center, 1 E. Jackson Blvd., Chicago.
What began as a gathering of 13 professors at DePaul in 2001 has evolved into a collaborative, intercollegiate effort with nearly 200 scholars attending and presenting each year.
Scholars present on a wide range of topics under the umbrella of intellectual property law. The conference format is designed to facilitate free-ranging discussion and to help scholars hone ideas. Papers presented are works-in-progress and open to peer commentary and critique. Participants also have the opportunity to learn from their peers, high-caliber scholars.
“I'm especially looking forward to this year's IPSC because it is the 15th anniversary of the conference, and the first plenary session will address the evolution of IP scholarship during the last 15 years,” said Professor Margit Livingston, CIPLIT director. Among this year's presentations, Professor Livingston noted a trend toward more internationally focused works as well as more interdisciplinary ones.
The annual conference is co-sponsored by the Berkeley Center for Law and Technology, UC BerkeleyBoalt Hall School of Law; the Intellectual Property Law Program, Benjamin N. Cardozo School of Law; the Center for Intellectual Property Law and Information Technology, DePaul University College of Law; and the Stanford Program in Law, Science and Technology, Stanford Law School.
DePaul’s intellectual property law program has always ranked among the top 25 in the U.S. News & World Report guide to law schools. This success reflects the breadth and depth of the curriculum, the scholarly work of the faculty, and the success of students in finding good jobs in the field. Enabling all those qualities is the Center for Intellectual Property Law & Information Technology (CIPLIT®). When the center was started 15 years ago, few law schools had anything like it. Now, though the field is crowded with similar centers, CIPLIT® still leads in innovation and relevance.
Here, Margit Livingston (standing), professor of law and director of the center, and Ellen Gutiontov (sitting), the center’s executive director, discuss how CIPLIT® keeps its edge in contributing to the IP program’s vitality.
What does the center
do and why does it matter?
EG: The center supports students interested in
intellectual property law—patents, copyrights, trademarks and trade secrets—by
providing course offerings, academic and professional mentoring, access to job
opportunities, experience in legal writing and connections to practitioners. We
broaden their perspective about the world of intellectual property—a world
that’s big, complex and increasingly important in everyday life.
ML: Students are definitely drawn to DePaul because of the center because we help make sure that they get what they need to succeed, from day one to graduation. For example, we just created a program for first-year students because, within their required curriculum, they can’t take an IP course until their second year. The six-week lecture series, Introduction to IP Theory and Practice, gives them a head start in skills training.
At the heart of what we do is a very rich curricular offering. We spend a lot of time, as and with IP faculty, deciding what courses to offer, when and in what sequence. And we reach out to practicing attorneys if we need specialized knowledge for a niche course. DePaul is all about providing an excellent education; so is the center.
How does the center “keep up with the times” in this field?
EG: We’re constantly tweaking what we do and what we offer students, always asking the question, “What’s really hot in IP right now?” We might create a new course or invite a special speaker to campus. For example, we just started a class on the laws addressing data breaches because security and privacy are such huge issues.
ML: Our goal is practice-ready lawyers, so we’re always adding skills-oriented courses, say on IP litigation, or legal writing and drafting, or IP license negotiation, or art market transactions—courses that prepare our students for practice from the first day after graduation. We just strengthened our technology and intellectual property clinic, which was also a first in the country; now, it’s being run by a lawyer practicing in the field, so our students can do work for real clients. In the same vein, we expanded our mentorship program—faculty-student mentoring and attorney-student mentoring—so that students get a lot of practical, real-world advice about classes, resume writing, networking and interviewing. Our advisory board is made up of attorneys, many of them graduates of our program, who help us understand the marketplace so we can continuously improve the ways we serve students.
EG: We also offer four certificates to graduate students—in general IP, patent law, information technology, and arts and museum law—as well as a Master of Laws degree in intellectual property, a one-to-two-year program beyond the JD. Of course, the IP faculty is very strong, in every aspect of the field, including cyber law, patent law and copyright law.
So, what’s on the horizon for the center?
ML: We’re hosting the annual Intellectual Property Scholars Conference from August 6 to 7, which was started at DePaul 15 years ago by Roberta Kwall. It’s for academic scholars, who present papers and get feedback from their peers. Three other law schools co-sponsor the conference: Berkeley, Stanford and Cardozo. We rotate the venue every year, and 2015 is our turn. So, that’s very exciting.
EG: We expect 150 or more professors, researchers and thinkers in advanced technology, law and policy. This is the main academic event in the field, the one that attracts the whole national IP community. It’s the place to go, really. This is the kind of thing that put DePaul on the map—and keeps DePaul on the map—in intellectual property law.
endowment at DePaul University College of Law will expand and strengthen
scholarly and educational programs in an area where two dynamic legal fields
are increasingly intersecting — intellectual property and health law.
The $5 million endowment established by the Jaharis
Family Foundation, Inc., will create an endowed directorship for the college’s
Health Law Institute
; fund a faculty fellowship program for scholars to create
and disseminate scholarship and curricula at the intersection of intellectual
property and health law; and support a competitive internship program for up to
20 student scholars committed to practicing intellectual property and health
DePaul’s intellectual property and health law
programs are nationally ranked by U.S. News & World Report. The specialty
programs are supported by the work of the Center for Intellectual Property Law & Information Technology and the Health Law Institute. As discoveries and
innovations in fields such as genomics, nanotechnology and pharmaceuticals have
accelerated, intellectual property challenges and issues have created a demand
for lawyers with credentials and expertise across these areas.
The endowment will support the addition of
curricula and research into interdisciplinary issues such as the law and
economics of drug development for impoverished groups of afflicted individuals,
and the nexus between patent law, pharmaceutical regulation and cross-border
Michael Jaharis, a graduate of DePaul’s College of
Law (’58), is the founder of several pharmaceutical companies. For decades, his
wife Mary and he have generously supported students and programs at DePaul
University’s College of Law. In recognition of their support, the Health Law
Institute will be re-named the Mary and Michael Jaharis Health Law Institute.
Professor Wendy Netter Epstein recently was appointed
the College of Law Jaharis Faculty Fellow. Epstein, who is a faculty leader of
DePaul’s Health Law Institute, has worked on curricular advances in these
important fields for the College of Law and in partnership with Rush University
Medical Center and Rosalind Franklin University of Medicine and Science.
She also has developed a health law colloquium to
promote discussion between students and scholars on a range of modern issues in
health law. Epstein’s research and scholarship focuses on contracts and health
care law, using an interdisciplinary approach to bridge the divide between
theory and practice. Her work most recently has appeared or is forthcoming in
Cardozo University Law Review, American University Law Review and Case Western
Reserve Law Review.
“As advances in medicine are brought to market, the
interaction of health law and intellectual property will become more and more
important to all of us,” said the Rev. Dennis H. Holtschneider, C.M., president
of DePaul University. “The new endowment will promote academic excellence and
leadership in those important and dynamic fields.”
International lawyer Megan Kossiakoff’s (JD ’06) young career
has taken her on a whirlwind world tour, from countries in Eastern Europe to
sub-Saharan Africa, and soon Central Asia. But her journey began right here in Chicago,
with the discovery of a medieval manuscript at a museum exhibition.
Kossiakoff focused her undergraduate and graduate studies in
history and the arts, earning a master’s degree from the School of the Art
Institute of Chicago. While a graduate student, she worked in local museums coordinating
exhibitions that involved obtaining copyright permission for images. That’s
when she discovered the story of the Sarajevo Haggadah, an illuminated
manuscript that tells the story of the Jewish exodus from Egypt.
Impressed by the measures museum officials and community
members took to protect the manuscript during the 1990s Bosnia-Herzegovina
conflict, she focused her master’s thesis on the practical aspects of
protecting cultural heritage during the conflict. With a desire to dig deeper
into cultural heritage studies, Kossiakoff enrolled at DePaul College of Law.
“In my mind, [DePaul] was the only place to go because of the
unique opportunity to focus on this area of law and work with one of the
world’s top experts,” Kossiakoff said. She was drawn to DePaul’s strong
cultural heritage law program and the work of Professor Patty Gerstenblith
through the Center for Art, Museum & Cultural Heritage Law.
While at DePaul, Kossiakoff served as an editor of the DePaul
Journal of Art and Entertainment Law (now the Journal of Art, Technology &
Intellectual Property Law), and interned at the Field Museum of Natural
History, the U.S. Department of State’s Cultural Heritage Center, and the Art
Law Department at Herrick Feinstein LLP.
After earning her JD, Kossiakoff took a position as a law clerk
with the United Nations International Criminal Tribunal for the Former
Yugoslavia (ICTY), in the Hague, Netherlands. Following her work with the ICTY,
she stayed in the Netherlands and enrolled in an LLM program in public
international law at Leiden University. Since then, Kossiakoff’s legal career
has taken her from one international post to another.
Kossiakoff’s next stop was Kosovo. There, she served as a
legal advisor to the International Civilian Office (ICO), an intergovernmental
organization with the mandate to supervise and support Kosovo’s government in
its process to become a fully independent state. At the ICO, she worked extensively
on drafting legislation to ensure that sites of religious and cultural significance
would be protected.
Kossiakoff credits DePaul and the skills learned in cultural
heritage law and legal writing programs with impacting her professional
success. “In international environments, you are often working in
English-language environments with people who are not native English speakers.
It is hugely valuable to an organization to have someone who has excellent
legal drafting skills, which is something that DePaul taught me.”
By the end of her stretch in Kosovo, Kossiakoff was the head
of the ICO’s legal unit and was directly involved in drafting constitutional
amendments to help end Kosovo’s supervised independence.
“As part of my position with the ICO in Kosovo, I was able to
draft legislation that required government officials and religious leaders from
the minority community to work together to protect cultural heritage. It was an
important part of the post-conflict reconciliation process.”
After a brief assignment with the World Bank, Kossiakoff moved
on to her next post with the International Development Law Organization (IDLO)
in Juba, South Sudan. She supported the constitutional review process in South
Sudan by drafting sample text for inclusion in the permanent constitution and
advising committees of the National Constitutional Review Commission, a process
that stalled in 2013 when South Sudan ultimately descended into civil war.
“I joke that as my career progresses my living conditions get
far worse. I spent nearly a year living in a shipping container in South Sudan
having very little freedom of movement,” Kossiakoff said. “You have to think
creatively to get work done when there are so many unforeseen events and
restrictions.” Since leaving South Sudan, Kossiakoff has worked with the
Organization for Security and Cooperation in Europe (OSCE) as a monitoring
officer in Ukraine. But she will soon be relocating again, rejoining the IDLO,
the only intergovernmental organization with the mandate to promote the rule of
law, as a legal counsel for their program in Afghanistan.
Kossiakoff will be based in Rome and will travel regularly
to Kabul. “Going to difficult places like South Sudan or Afghanistan can be
incredibly challenging on a professional and personal level,” admitted
Kossiakoff. “I originally saw myself as a headquarters person, but found that
working in hardship locations is far more rewarding than I ever imagined.”
DePaul law students Jeff Moisan and Eric Langston competed with 12 teams, advancing to the semi-finals, in the fourth annual East Regional IP LawMeet held at the University of Pennsylvania on October 17.
In this regional transactional law competition, the students represented a hypothetical movie studio seeking to secure the necessary rights to produce, market and distribute a movie based on the story and characters of a video game owned by a gaming company. The team was judged on its ability to draft, mark-up and negotiate, as well as its knowledge of contract, corporate and IP law. Teams also were evaluated based on their business knowledge and ability to structure innovative or creative solutions.
The 2014 IP LawMeet was sponsored by Bloomberg BNA, Practical Law and Rembrandt IP Management. LawMeets was founded in 2011 by Drexel University School of Law professor Karl Okamoto as a way to deliver practical skills and exercises to law students interested in transactional law.
On September 22, Distinguished Research Professor and Co-Director of the International Aviation Law Institute Michael S. Jacobs presented the Drew and Napier Distinguished Talk in Singapore about "Three Hot Topics at the IP/Antitrust Intersection." The attendees were members of the local antitrust bar, antitrust and sectoral regulators, and in-house counsel for multi nationals. Drew and Napier is the preeminent competition law firm in Singapore, and one of the country's four so-called "legacy" firms, in existence prior to Singaporean independence.
From September 23 through October 2, Professor Jacobs taught a course in the fundamentals of IP law and Antitrust to student-delegates from around the world brought here at the invitation of the Ministry of Foreign Affairs, pursuant to the Singapore Cooperation Program. The delegates come from countries as small as Kiri Das and Bhutan, as large as Russia, Mexico and Egypt, and also include people from Namibia, Uganda, Malawi, West Timor, Chile, Sri Lanka and other countries as well.
October 1, Jacobs spoke for two hours with lawyers and economists at the Competition Commission of Singapore about the legal and economic treatment of Most Favored Nation clauses, certain kinds of distribution arrangements and reverse payment settlements of patent disputed in the pharmaceutical sector.
DePaul University College of Law took top honors in several categories in the National Law Journal's (NLJ) Best of Chicago
reader rankings for 2014.
DePaul placed first for Best LLM Program and Best Law School Clinical Program in Chicago.
The College of Law offers four LLM programs and seven clinical
programs. LLM programs focus on the areas of health law, intellectual
property law, international law and taxation. DePaul's clinical programs
include the Asylum & Immigration Law Clinic, Civil Rights Clinic,
Criminal Appeals Clinic, Family Law Clinic, Housing & Community
Development Legal Clinic, Misdemeanor Clinic and Poverty Law Clinic. The
legal clinics also received NLJ Best of Chicago honors in 2012.
DePaul took third place in two other survey categories: Best Overall JD Program and Best Joint JD/MBA Program.
More than 1,200 readers voted in this year's NLJ reader’s choice survey.
Professors Roberta Kwall and Margit Livingston are among the recipients of DePaul University's Spirit of Inquiry Awards
2014. Presented by the University Research Council, the annual awards
honor specific research, scholarly or creative achievements that exhibit
commitment to the spirit of creative inquiry, which DePaul endeavors to
inspire in its students. The council bestows a maximum of eight awards
each year across the university. Kwall and Livingston will be recognized
formally for their achievement at Academic Convocation in the fall.
Kwall, DePaul's Raymond P. Niro Professor of Intellectual Property Law,
is recognized for her scholarship and exploration of the Jewish
tradition's meaning for human existence. Her recent work specifically
draws connections between Judaism and intellectual property and
creativity theory, feminist theory and cultural analysis theory.
Roberta R. Kwall: Selected Scholarship
The Soul of Creativity: Forging a Moral Rights Law for the United States (Stanford U. Press, 2009)
“Creativity and Cultural Influence in Early Jewish Law,” 86 Notre Dame L. Rev. 1933 (2011)
“Is the Jewish Tradition Intellectual Property?” 4 WIPO Journal 129 (2012)
“The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights,” 14 Vand. J. Ent. & Tech. L. 889 (2012)
“The Cultural Analysis Paradigm: Women and Synagogue Ritual as a Case Study,” 34 Cardozo L. Rev. 609 (2012)
“Remember the Sabbath Day and Enhance Your Creativity!” 10 St. Thomas Law Review 820 (2014)
“Human Artistry as Tikkun Olam,” in The Masorah Matrix Volume on Tikkun Olam (forthcoming 2014)
“Shabbat: A Diverse Perspective on Human Creativity,” in Protecting and Promoting Diversity with Intellectual Property Law (Cambridge U. Press, forthcoming 2014)
Forging Jewish Tradition Through Law and Culture (Oxford U. Press, forthcoming 2015)
Livingston is honored for her work in the area of copyright law. Her
recent scholarship focuses on copyright protection for stage directions,
copyright infringement of music, and the right of publicity.
Margit Livingston: Selected Scholarship
“Inspiration or Imitation: Copyright Protection for Stage Directions, 50 B.C. L. Rev. 427 (2009)
“Copyright Infringement in Music Cases: Determining Whether What Sounds Alike Is Alike, 15 Vand. J. Ent. & Tech. L. 227 (2013) (with Dr. Joseph Urbinato)
“Piggybacking on Glory,” Florida Law Review Forum (2013)
DePaul University College of Law’s intellectual property law program is ranked No. 12 in U.S. News & World Report’s 2015 Best Law Schools guide. The program has ranked among the best in the nation for more than a decade and continues to thrive under the direction of DePaul’s respected IP faculty and the Center for Intellectual Property Law & Information Technology (CIPLIT®).
Two new initiatives, a first-year lecture series and a mentorship program, introduced by CIPLIT in academic year 2013-2014, build on the strength of DePaul’s IP program and support a tradition of student-focused programming.
The six-week lecture series, “An Introduction to IP Theory and Practice,” is designed to acquaint first-year law students interested in IP law with substantive content and elements of practice. Both full-time faculty members and experienced IP attorneys lecture on various IP subjects, introducing students to the breadth and depth of this area of law.
“It’s really a treat to attend the IP lecture series. The speakers are experts in their respective fields, and each session is informative and engaging,” student Peggy Liu said. “Equipped with this foundational knowledge, I feel well prepared to take on the challenges of higher-level IP courses.”
Through its IP Mentorship Program, CIPLIT pairs students in the first-year IP Legal Writing section with a faculty mentor and an attorney mentor, creating a personalized mentorship experience for the duration of law school.
First-year student Philipp Ruben entered law school with an engineering background. “Law school was a major transition,” he said. “My faculty mentor provided excellent resources and advice for my course work. My attorney mentor helped define my focus within IP law and opened the door to several networking opportunities.”
The mentorship program aims to enrich DePaul’s unique first-year IP Legal Writing program, through which qualified students learn the required first-year research and writing skills curriculum in the context of intellectual property law. Together, the legal writing and mentorship programs offer students focused practical skills training as well as invaluable connections with IP faculty and the IP legal community at the beginning of law school.
“My attorney mentor has been invaluable during my first year,” said student Brittney Cato. “She has not only introduced me to attorneys working in the IP field, but has also encouraged me to go out and make connections on my own by joining bar associations and attending their lectures.”
The new initiatives fall in line with CIPLIT’s mission “to develop IP professionals of the highest caliber through an all-inclusive learning experience that combines outstanding classroom education, innovative scholarship, first-class training in lawyering skills and an unparalleled range of extracurricular activities.” Keeping this charge in sight, CIPLIT has created curricular and extracurricular programs that not only garner national recognition from legal and academic communities, but also enhance students’ career development.
“Since its inception, CIPLIT has placed dozens of students in IP jobs, in some instances right after the first year of law school,” said Professor Roberta R. Kwall, the founding and current director of CIPLIT. “Many of our early students now occupy prominent positions within their firms and organizations. We find it so gratifying that all of them got their start at DePaul, where they could learn and grow in a supportive yet academically rigorous environment.”
The supportive law school environment that Professor Kwall mentions is a contributing factor to the IP program’s success and expansion. In fact, it has acted as an incubator for many programs over the years.
One such program is the technology and intellectual property clinic that DePaul opened under the guidance of Professor Barbara Bressler in 2000. The TIP ClinicTM, as it is known, was one of the first law school clinical programs to provide transactional services exclusively in the areas of patent, trademark and copyright law to clients who cannot afford to pay private counsel for such services. Following the clinic’s mantra, Protecting the Creative Works of Creative Minds®, students assist a wide range of clients, including entrepreneurs, musicians, artists, authors and inventors.
Today, IP touches nearly every area of the legal curriculum. Students learn first-hand—through traditional classroom theory and practical skills training—from leading scholars and practitioners in areas that include patent law, copyright and trademark law, art and museum law, entertainment law, cyberlaw and more. In addition to the first-year programs and the clinic, DePaul offers four specialized certificate programs, a joint degree and an LLM degree in IP law.
With its broad and innovative coursework, student-centric programs and respected faculty, DePaul is certain to advance IP legal education for years to come.
Fayez Butt (JD '14) was selected to participate in the 2014 Stanford University Hoover IP² Summer Teaching Institute on the Economics and Politics of Regulation. Butt is one of just 25 students and young professionals invited to Stanford University this August.
Stanford University's Hoover IP² Summer Teaching Institute educates students and young professionals on how to think systematically about regulatory systems and their consequences, equipping attendees with analytic tools that are basic to good policymaking. The institute follows the business school model of executive education programs. It is an intensive, two-week program taught by experts in fields as diverse as patents, antitrust, innovation and finance, and energy and the environment.
“This experience will take me beyond classroom study and into the broader world of patent law policy-making,” said Butt. “I intend to learn about how patent policy is made, what factors affect policy, and what outcomes patent policy is designed to facilitate. I hope that this experience will put me on the path toward becoming an effective patent attorney who understands the larger picture of patent law practice and policy."
Rachael Dickson (JD '15) and Matthew Zuziak (JD '16, BS/MS '10) are two of 12 students recently selected to participate in the Annual Law Student Reporters Program of the American Bar Association Section of Intellectual Property Law (ABA-IPL). As participants in this program, they will attend the 29th Annual Intellectual Property Law Conference in Arlington, Virginia, from April 2 to 4, 2014 to report on legal programming via Twitter and blog entries. DePaul is the only school with two representatives selected to participate and the only Chicago school represented in the Student Reporters Program.
"This honor is one that recognizes the students' abilities and potential for future leadership in the ABA-IPL and offers opportunities for growth in the substantive practice of IP law," said Krystle Brown, chair of the ABA-IPL Law Student Action Group.
Zuziak, who majored in biochemistry at DePaul, currently works in the department of chemistry as a lab manager and adjunct professor. He will be live tweeting from @matt_zuziak. Read more about Zuziak on his ABA-IPL profile page.
Dickson is a former journalist with a BA in History from George Mason University who has served on the boards for Phi Alpha Delta and OUTlaws at DePaul. She externs in the Mortgage and Foreclosure section of the Chancery Court of Cook County. She will be live tweeting from @LegallySparkly. Find out more about Dickson on her ABA-IPL profile page.
Third-year law students Sarah Wilson and Kyle Brennan will head to Oxford, England, next week to compete in the 12th Annual International Intellectual Property Law Moot, hosted by the Oxford Intellectual Property Research Centre at the University of Oxford. The teammates were invited to participate in the oral rounds of the 2014 Oxford Moot on March 20-22, on the basis of their two written submissions.
“Wilson and Brennan advanced to the oral rounds in a year where the competition organizers fielded increased interest in the competition, and received very strong written submissions,” said Lubna El-Gendi, associate director of the Center for Art, Museum & Cultural Heritage Law. “Last year, only 20 teams were invited to compete in the oral rounds, and only two of those teams were from the U.S.”
The focus of the 2014 moot is copyright and moral rights. Competitors will address the meaning of “original” works with respect to copyright protection, fair dealing, moral rights, and whether parties can contract out of protections built into copyright laws. The oral rounds will comprise four preliminary rounds, followed by quarter-finals, semi-finals and a grand final. The moot hypothetical is available on the competition website.
“We each expressed our desire to participate and were fortunate to be chosen to represent DePaul,” said Wilson. They credit El-Gendi and center director Professor Patty Gerstenblith with spearheading the effort to garner interest in the competition and encouraging the team.
Wilson and Brennan, who share an interest in art law and interned together at Customs and Border Protection, pooled their knowledge for three months during the brief-writing process. “We frequently met to discuss the most advantageous arguments for each position,” recalled Wilson. “The international character of the problem posed challenges in learning how each country implements statutes and addresses the particular issues. Fortunately, Kyle studied in Dublin during the spring semester last year, which proved to be quite useful in acquiring an understanding of international legal systems."
"Participating in the competition gave us a useful way to learn more about the laws of nations throughout the world and view the issues from a global perspective,” added Wilson.
In mid-January, they were selected for the oral rounds. They have received extensive support from faculty members at the Center for Intellectual Property Law & Information Technology (CIPLIT®), who served as guest judges during their oral argument practice sessions, which they conduct three or four times a week. Christopher Evers, formerly at DePaul, and Aaron Rosenthal, a 2012 DePaul art and museum law alumnus, also provided "invaluable" advice and feedback, the moot competitors said.
While both teammates have previously traveled in Europe, they have yet to explore Oxford or other small English towns outside of London. As competition occurs the weekend before spring break, Wilson said they plan to stay in England a few days after the competition to explore the British landscape.
“The DePaul community has offered unparalleled support and we are quite grateful,” said Brennan and Wilson. "We would not be able to attend the competition without the financial support of the Center for Art, Museum & and Cultural Heritage Law, and extend a special thanks to Professor Gerstenblith and Ms. El-Gendi for making this wonderful experience possible."
Professor Michael Grynberg participated in the 2014 Works in Progress Intellectual Property (WIPIP) Colloquium held at the Santa Clara University School of Law earlier this month. The annual colloquium brings together intellectual property scholars from both the United States and abroad.
Professor Grynberg presented his work in progress, "Thick Marks, Thin Marks," which considers the difficulties courts face in managing the different kinds of information that may be embodied by a trademark. His most recent article, "More than IP: Trademark Among the Consumer Information Laws" will be published by the William & Mary Law Review later this month.
Professor Roberta Kwall will be a principal speaker at an international intellectual property conference to be held at the Radzyner School of Law in Israel in March. The conference, "The Measure of Intellectual Property: Contemporary Challenges," will take place from March 10-11.
Later that month, she will be speaking at a conference on Feminism, Law & Religion at St. Thomas Law School. Her presentation topic focuses on women and synagogue ritual and is based on her recent publication in the Cardozo Law Review. In May, Professor Kwall will be a principal speaker at a conference on Law and the Arts co-sponsored by the University of Indiana (Bloomington) School of Law and the Indiana Music School.
Professor Kwall's forthcoming publications include:
- “Shabbat: A Diverse Perspective on Human Creativity” in Protecting and Promoting Diversity with Intellectual Property Law (Cambridge U. Press 2014)
- “Human Artistry as Tikkun Olam,” in the Masorah Matrix Volume on Tikkun Olam (a volume containing essays by influential rabbinic and Jewish law scholars)
- “Remember the Sabbath Day and Enhance Your Creativity,” in a forthcoming volume of the St. Thomas Law Review
Professor Joshua Sarnoff commented on the Supreme Court's Myriad Genetics ruling in an American Laywer article, "After Myriad Ruling, Gene Patent Battles Rage On," in October.
Professor Sarnoff was quoted, saying the ruling was favorable for doctors and patients but left some uncertainty. He explained that the Supreme Court ruling "was not entirely clear on all issues related to genetic material, so Myriad will probably assert its other patents unless and until it is told that they, too, are invalid."
This past year, a team of DePaul College of Law volunteers worked with Legal Prep Charter Academy ninth graders to prepare them for their end of the year mock trial competition, which took place on Tuesday, May 13, 2013 at the Dirksen Federal Courthouse Building.
DePaul worked with two groups of Legal Prep students and both groups won their competitions. The case was a civil matter involving an allegation that a police officer used excessive force when arresting a teenage boy, who was the plaintiff. The DePaul teams represented the defense.
Several DePaul volunteers also served as judges for other teams, including College of Law Dean Greg Mark, alumna Linda Bryceland (JD '86), and Pro Bono Director Cheryl Price. Professor Mark Moller, alumna Jessica Schneider (JD '10), College of Law staff member Elizabeth Boe, and law student Beckee Birger coached the DePaul teams during the competition. Dean Mark was the only law school dean who volunteered to assist at the competition.
For many of the students, the mock trial program was their first in-depth study of our legal system and the components of a trial. The Legal Prep students prepared and delivered both opening and closing statements and called witnesses for direct and cross examination. DePaul volunteers, who have been working with Legal Prep students since September 2012, first taught lessons on these topics and then helped students prepare their parts for the mock trial.
DePaul’s volunteer team was comprised of law students, faculty, staff, and alumni. They included Dean Gregory Mark, Professor Mark Moller, Elizabeth Boe, Associate Director of Recruiting, Law Career Services, Cheryl Price, Director of the Pro Bono & Community Service Initiative, Alumni Linda Bryceland, Jessica Schneider, Andrea McKenna, and Michelle Miller, and law students Rebecca Birger, Sarah Gorham, Taylor Goulborn, Will Guardia, and Jacquita Richardson.
The volunteers really enjoyed working with and getting to know the students. According to alumna Jessica Schneider "Working with the students was really rewarding, especially as you saw them grasp new concepts and get excited about being part of a trial. It was hard for me to get away from work, but every time I began a teaching session with the students I was always happy to be there and it would truly brighten my day. We taught challenging concepts, but usually found a way to help the students relate to them in a way they would understand.
Despite the challenges it was great to see it all come together in the mock trial at the end of the school year. I was very proud of them!" DePaul’s Pro Bono Director, Cheryl Price, agrees, “The Legal Prep students were really fun to work with. They were excited and interested about the legal process and worked hard to prepare for the mock trial. We look forward to working with them next year.”
Professor Joshua Sarnoff, director of DePaul's Center for Intellectual Property Law, called yesterday's Supreme Court ruling against isolated DNA patenting "momentous."
"The decision will free researchers, clinicians, and the public to perform research and diagnosis without restriction to use of patent holders' laboratories," explained Sarnoff.
The case concerned patents held by Utah-based Myriad Genetics company, which identify genes that correlate with an increased risk of hereditary breast and ovarian cancer. The patent claimed to own isolated DNA molecules that have not been modified from natural genetic sequences by removing the non-coding DNA regions.
Sarnoff says the decision is also significant as the court categorically reaffirmed that products of nature “are not the kind of thing that Congress intended to be subject to private ownership through patent rights, and that mere isolation from nature is not sufficient to change the nature of those products into human 'inventions.'
"The ruling will also allow competition in diagnosis and promote additional research thorough the creation of a public database of information on mutations, which currently Myriad possesses as a trade-secret, access-restricted database that it was able to create from its ability to direct all genetic testing to its own laboratories."
After the ruling, three companies and two university labs said that they would begin offering genetic testing in the field of breast cancer, the New York Times reported.
Sarnoff takes issue with the court's additional ruling to authorize patenting of synthetically-created DNA, known as cDNA. He also expressed concern that the court may not have provided a sufficiently clear line to distinguish natural products from human inventions.
“However,” he states, “[the court] clearly rejected the asserted ‘reliance’ interests of the plaintiffs and others in investments made to seek these patents, given that the Patent Office has issued patents on isolated DNA sequences for many years. As the court stated, those concerns are for Congress, where we can now expect biotechnology and pharmaceutical and chemical patent owners to turn next.”
Professor Sarnoff joined with other intellectual property law and constitutional law professors to file an amicus brief in the case. He is currently the featured expert on DePaul's Newsroom.
Appointed in February by Dean Mark, Professor Joshua Sarnoff is the new faculty director of the Center for Intellectual Property Law and Information Technology (CIPLIT).
Professor Sarnoff is a patent attorney, as well as an accomplished academic who has made great contributions to the intellectual property program since joining DePaul three years ago. Professor Sarnoff takes over CIPLIT for Professor Barbara Bressler, who, after directing CIPLIT for six and a half years, decided to step down in January. As director emeritus, she will continue to be heavily involved with CIPLIT students and programs alike.
Professor Michael Grynberg's article “More Than IP: Trademark Among the Consumer Information Laws” will be featured in The William and Mary Law Review in 2014. The article considers how trademark law is more closely related to other consumer information regimes—e.g., false advertising laws and FTC regulations—than to incentive-based IP laws like copyright and patent.
Professor Grynberg identifies situations in which optimal trademark policy depends on ascertaining the state of play in another consumer information regime. Yet, he proposes that the problem is more complicated than simply determining how another body of law treats a parallel issue, and notes that the resulting complexity has consequences for trademark’s future. He contends that courts should try to accommodate consumer information law’s variety by simplifying trademark issues in order to minimize the need for cross-doctrinal assessments. He also explores one approach to simplification—the prospect that trademark law would benefit from “offloading” some of its expanding scope to other consumer information regimes.
The Center for Public Interest Law was fortunate to host Dean Erwin Chemerinsky, founding dean of the University of California-Irvine School of Law and former DePaul College of Law professor, on Wednesday, February 20. Students packed into the lecture hall to hear Chemerinsky speak on the value of pro bono and experiential learning in law school. His talk was of particular significance; the New York Appellate Court recently imposed a new requirement for admittance to the New York Bar. Those seeking admission must complete 50 hours of pro bono work while in law school.
Chemerinsky zealously supports a pro bono requirement for law students; he cited three reasons for his support. First, experiential learning is necessary to learn the skill of lawyering. Chemerinsky compared lawyers to doctors--would we allow doctors to practice medicine without ever having seen a patient under the supervision of a skilled doctor? Second, a pro bono requirement would provide more low-cost legal services. Because the practice of law is reserved to those admitted to a state bar, a monopoly on legal services exists. Pro bono work by law students can help correct this monopoly. Third, the requirement will promote pro bono work throughout the lifetime.
Students seeking pro bono opportunities at DePaul can contact Cheryl Price, director of the Pro Bono and Community Service Initiative, to learn about the many ways they can get involved.
In fall 2012, Professor Joshua Sarnoff presented on intellectual property and climate change as part of a panel on intellectual property and international law at the annual meeting of the American Branch of the International Law Association in New York City.
Professor Sarnoff also presented on the recent Supreme Court patent case in Mayo v. Prometheus and the Myriad gene patent case, for which the Supreme Court just granted certiorari, as part of a panel with the lawyer representing Myriad at the National Association of College and University Attorney’s fall 2012 workshop in Washington, D.C. In January, he will be filing a law professor’s brief in the case. Professor Sarnoff made a presentation on these cases on a panel at the Indiana University’s Robert H. McKinney School of Law’s conference on intellectual property and public rights of access in November.
Finally, he published another article on problems with the new patent act with practicing lawyer Chico Gholz in the November issue of IP Today and a book review of Eric Lane’s "Clean Tech Intellectual Property" in the IP Law Book Review.
Professor Sarnoff is a faculty member affiliated with the Center for Intellectual Property Law & Information Technology (CIPLIT). At DePaul, he teaches Patent Law and other intellectual property courses. 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.
Professor Margit Livingston wrapped up the fall 2012 semester with a number of scholarly activities, including online publication of five essays for Lexis on emerging issues under UCC Article 9. Livingston also updated and revised two lengthy chapters for Lexis for forthcoming publication in its Commercial Damages treatise.
She presented and distributed a paper on the regulation of horse racing under state law and trade association regulations to attendees at the DePaul Animal Law Symposium. The DePaul Business & Commercial Law Journal also published her transcript of a presentation on recent developments under UCC Article 9.
Professor Livingston was also involved in the final editing of a law review article entitled “Copyright Infringement of Music: Determining Whether What Sounds Alike Is Alike,” which will be published in January in Volume 15 of the Vanderbilt Entertainment and Technology Law Journal.
Most recently, Professor Livingston published her 51st online essay for LexisNexis on commercial law and IP topics. In addition, her commentary entitled "Piggybacking on Glory" on the right of publicity has been accepted for publication by the Florida Law Review Forum, an online companion to the Florida Law Review.
Finally, she has three chapters forthcoming in a new Lexis book, Illinois Contract Litigation Practice Manual. Her chapters will cover quasi-contract, attorneys' fees, and contract damages.
Professor Livingston is a faculty member affiliated with the Center for Intellectual Property Law & Information Technology (CIPLIT), co-director of the LL.M. in Intellectual Property Law, and director of the Center for Animl Law. She teaches and writes in the areas of intellectual property, commercial law and animal law. Her courses include Secured Transactions, Intellectual Property Survey, Copyright, Theater Law, Remedies and Consumer Law among others.