Institute Events:
Business Method Patents: The Next Endangered Species?
The digital explosion resurrected business method patents, but they have recently been challenged in In re Bilski. Many criticize these patents as being obvious because they are simply old methods of doing business that are now being done on the Internet. Just how broadly should patentable subject matter be interpreted? Could the Supreme Court put an end to business method patents once and for all?
Manny Schecter, Chief Patent Counsel at IBM, will be at NYLS to discuss the implications of the Supreme Court’s impending decision of In re Bilski and the state of business method patents. Students will have the opportunity to engage in discussion with Mr. Schecter regarding Bilski and other corporate IP practice issues.
Thursday, February 4th, 2010
6:00pm – 7:30pm
W302
If you are interested in attending, please RSVP to
Naomi Allen at naomi.allen@nyls.edu.
Reading Group: "The Digital Fourth Amendment: Privacy Expectations and the Cloud"
The Ninth Circuit’s decision in Quon v. Arch Wireless has “open[ed] a new frontier in Fourth Amendment jurisprudence that has been little explored.” 529 F.3d 892, 904 (2008). The court denied rehearing en banc, and on December 14, 2009, the Supreme Court granted cert. to resolve three separate Fourth Amendment questions. The Court did not certify a question on the Stored Communications Act issue. The case involves a police officer’s text messages on a department-issued pager and a battle between formal and informal department policies. While some have speculated that the court may limit its decision to the government employee context, the decision will likely affect private employers as well. Also, many think that clarity on the role of the Fourth Amendment and new communications technology is sorely needed. The third question certified by the Court, whether third parties have an expectation of privacy in text messages sent to government employees, raises some interesting issues with respect to state or federal FOIA and public disclosure laws in addition to the Fourth Amendment. Join us for a discussion of the case, the Fourth Amendment, the Stored Communications Act, and the role of third parties in protecting (or obliterating) our expectations of privacy. Suggested Readings are listed on the nycinfolaw calendar or at http://tinyurl.com/y8nwmzp
Tuesday,
February 2, 2010
7:00pm – 9:00pm
New York Law School
Wellington Conference Rooms A and B. Enter at 180 West Broadway, take the
elevator the 5th floor, and walk through the passageway near the restrooms.
The rooms are immediately on the other side. There will be
signs.
RSVP to Joe Merante, joseph.merante@law.nyls.edu
Past Events:
Comprehensive Fashion Law Panel
On Thursday, November 19, 2009 MESLA and the IILP co-hosted a discussion on a wide range of legal issues that arise in the course of business for fashion industry professionals, presented by a distinguished panel representing varied perspectives on fashion law, including authors of Fashion Law, the first comprehensive guide to this unique practice area.
Panelists included: Guillermo Jimenez, Esq., a Professor of Fashion Law at the Fashion Institute of Technology and co-author of Fashion Law (New York: Fairchild Conde Nast, 2009); Barbara Kolsun, Esq., the General Counsel and Vice President of Stuart Weitzman, LLC; David Faux, Esq., a practicing attorney in Intellectual Property, Entertainment, Art and Business/Commercial Law; Steven Gursky, Esq., a partner at Olshan, Grundman, Frome, Rosenzweig & Wolosky LLP; and Misha Tzar, a fashion designer and Adjunct Professor of Apparel Design at the Fashion Institute of Technology.
New York Law School Professor Dan Hunter moderated the panel.
IP Surprise: Roller Derby
On Thursday, November 12, 2009 the IILP hosted its second IP Surprise series of the semester, "IP Surprise: Roller Derby." Guest lecturer Ms. Quinn Heraty '00 of Heraty Law PLLC discussed copyright issues relating to skater and league depictions in graphic novels and bout-related photography, the skaters' personal "branding" and the skater name registry, and league, team, and skater trademark issues.
About
Ms. Heraty:
Quinn Heraty ’00 is Founder of Heraty Law PLLC, a
law firm specializing in serving the needs of businesses and professionals
in the entertainment, music, and fashion industries. She focuses her legal
practice on negotiating deals, advising clients about business issues, and
dealing with trademark, copyright, licensing, and other intellectual
property matters. Ms. Heraty’s clients include designers, writers,
producers, musicians, record labels, roller derby leagues, apparel
companies, artist management companies, filmmakers, actors, comedians,
composers, bloggers, jewelers, music licensing companies, skateboard
companies, photographers, theaters, publishing companies, PR/marketing
firms, graffiti artists, and many more.
William Patry discussed his new book, Moral Panics and the Copyright Wars - November 2, 2009
Metaphors, moral panics, folk devils, predictable irrationality, and free market fundamentalism are just some of the topics William Patry will be discussing, along with his new book, Moral Panics and the Copyright Wars, at a luncheon event at NYLS.
In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program--not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose.
A centrist and believer in appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.
Guest Speaker Fred Benenson, Product Manager at
Creative Commons - November 5, 2009
While studying philosophy and computer science, Fred co-founded the Free Culture @ NYU chapter ofStudents for Free Culture, an international student movement focused on copyright reform, technology advocacy, and digital activism. In April 2008 Fred launched his thesis for his masters at NYU’s Interactive Telecommunications Program named Cause Caller; a web service designed to help citizens organize virtual phone banks using VoIP-based telephony and a semantic media wiki. He is currently employed as Creative Commons' Product Manager, developing products and doing outreach for the organization’s licenses and projects. In early 2009 Fred began working as an honorary research associate at Eyebeam in collaboration with senior resident Michael Mandiberg to curate contemporary art into the commons. During the fall of 2009, Fred began teaching as an adjunct instructor at NYU’s department of Media, Culture and Communication. This semester he is teaching “Copyright, Commerce and Culture". Fred is based out of New York City and spends his spare time with the Rubik’s cube, his girlfriend, and cameras.
Read more: http://fredbenenson.com/blog/
Innovation and Entrepreneurship in the Information Industry - October 23, 2009
A conference, titled Innovation and Entrepreneurship in the Information Industry, will take place on Friday, October 23, 2009 at NYLS. The conference will bring together entrepreneurs, investors, researchers, information managers and university technology transfer officers for a daylong exploration of the information industry today, and information needs of tomorrow. Entrepreneurship issues as they apply to the information industry will be explored.
Speakers include Clay Shirky, Professor, New York University, author of "Here Comes Everybody," Owen Davis, Managing Director, NYC Seed, Edward Reinfurt, Executive Director, NYSTAR, Jim Kollegger, Genesys Partners, Vincent Tomaselli, Deputy Director, Columbia Center for Advanced Information Management, Daniel Shutzer, President, Financial Services Technology Consortium, and Dr. Steven Neiman, Executive Director at JPMorgan Chase.
The conference is sponsored by NYSTAR and is being coordinated by the NYS Science and Technology Law Center at Syracuse University Law School and the Institute for Information Law and Policy and the Center for Business Law and Policy, both at NYLS. There is no charge for the conference, but registration is required.
Streaming Video Available! Please click the name of each panel for archived video.
Welcome and Introduction and Keynote Address
Welcome and Introduction:Ted Hagelin, Crandall Melvin Professor of Law; Director, NYS Science & Technology Law Center, Syracuse University College of Law
Keynote Address:Clay Shirky, Professor, NYU Interactive Telecommunications Program
Calvin Chu, Columbia Technology Ventures
Lee McKnight, Founder,
CTO, Board of Directors, Wireless Grids Corp.
Sam Lessin, CEO, drop.io
Moderator: Richard Newman, Adj. Prof., Syracuse University College of Law
Owen Davis, Managing Director, NYC Seed
Marcene Sonneborn,
Pres., Innovation Management Consulting; SBIR Specialist Jim Kollegger,
Chairman, CEO, Genesys Partners
Moderator: Jerrold Spiegel, Frankfurt Kumit Klein & Selz PC
Financial Services:
Daniel Schutzer, President,
Financial Services Technology Consortium
Steven Neiman, Executive Director, VP, High
Performance Computing, JPMorgan Chase
Medical Services:
Dr. G.
Randall Green, St. Joseph’s Hospital, Syracuse, NY
David Lysack,
President, C Speed, Liverpool, NY
Moderator: Houman Shadab, Professor of Law, New York Law School
Current State of IT R&D and Conference Close
Current State of IT R&D
Daniel Shutzer, President, Financial Services Technology
Consortium
Vincent
Tomaselli, Deputy Director, Columbia Center for Advanced Information
Management
Moderator: Dan Hunter, Professor of Law, New York Law School
Conference Close
Dan Hunter, Professor of Law; Director, Institute for Information Law & Policy, New York Law School
Conference Agenda (.pdf download)
IP Surprise: Luxury Brands & Trademark Enforcement - October 1, 2009
Joseph Gioconda, partner at DLA Piper, will speak about his role representing Hermes and other luxury brands at "IP Surprise: Luxury Brands & Trademark Enforcement" this evening, October 1st at 6:00 PM in room C400. Mr. Gioconda focuses his practice on litigating and counseling in the areas of anticounterfeiting, trademarks and trade dress, domain name protection, copyrights, unfair competition and false advertising.
Patently Professional - September 24, 2009
Recent times have witnessed an explosion in the field of patent
law. New developments in the law generate a constant need for lawyers with
specialized backgrounds, both in the Patent and Trademark Office and in
private and corporate practice. Even when other markets for the services
of lawyers are affected by recession, the demand for patent attorneys
typically remains high. As long as people invent or create, there is a
need for intellectual property lawyers to protect and enforce intellectual
property rights.
This panel featured New York Law School alumni currently working in the field of patent law. Students engaged in discussion with panelists regarding their current employment and the different paths they took to get there.
Do the letters DVF mean anything to you? Can you distinguish
interlocking C's from interlocking G's? Why do some designers début
their work in Paris and not in New York? Fashion may appear to be all
labels and luxury, but there is a plethora of legal opportunities in
fashion and numerous intellectual property questions in the fashion
industry. The Institute for Information Law & Policy presents
Fashionably Law: IP and Industry - an event series focused on the legal
environment of the fashion business, the legal controversies in fashion,
and the way that you can break into the industry.
Fashion Law is an emerging field within Intellectual
Property, and the prevalence of cases involving the fashion industry is no
passing trend. Copyright, trademark, and even patents each play a role in
fashion law, but the field is too dynamic to group in just those labels.
Current legislation regarding expanded design protection may change not
just the fashion industry, but Intellectual Property as whole. On
Thursday, September 3rd, 2009, Professor Dan Hunter gave a lecture
explaining exactly what fashion law is, what the current legal trends
within the fashion industry are, and what roles attorneys play in the
business.
What is the greatest principle in advertising law? Puffery! with Anthony diFrancesca (’05) - April 22, 2009
Anthony diFrancesca looked at the greatest principle in advertising law: puffery. diFrancesca is an editor in ABC Television’s department of Broadcast Standards & Practices. He primarily is responsible for the clearance of commercials in several key categories including financial products and institutions, alcoholic beverages, hospitals and schools, petroleum products and energy companies, and paper products. Anthony also serves on ABCs Challenge Team which is ABC’s internal review process for competitive challenges to advertising on the network.
To download slides from Mr. diFrancesca's presentation click here.
The Future of Intellectual Property in a Digitized, Globalized World and Prospects for Reform at Home with Todd Dickinson - April 14, 2009
Todd Dickinson is the Executive Director of the American Intellectual Property Law Association, a bar association of over 16,000 members and one of the worlds leading policy and advocacy organizations in the field of intellectual property. He has over 30 years of experience in all aspects of intellectual property. He previously served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office under President Clinton. Mr. Dickinson has been both Vice President and Chief Intellectual Property Counsel for the General Electric Company, where he had corporate-wide responsibility for intellectual property matters. He was also a partner in the Howery law firm, where he was Co-Chair of its intellectual property practice.
Mr. Dickinson has written and spoken extensively on intellectual property issues, and has testified before Congress, the Federal Trade Commission, and the National Academy of Sciences on intellectual property administration and policy.
Mr. Q. Todd Dickinson was previously Vice-Chair of the Intellectual Property Law Section of the American Bar Association and on the Executive Committee of the Intellectual Property Owners Association. He has been named as one of the “50 Most Influential People in Intellectual Property” three times by Managing Intellectual Property Magazine.
Mr. Dickinson earned his B.S. from Allegheny College in 1974 and his J.D. from the University of Pittsburgh in 1977. He is admitted to the bars of the District of Columbia, Pennsylvania, Illinois, and California, US Patent and Trademark Office, and the Court of Appeals for the Federal Circuit.
Trademark Law in the Entertainment Industry with Edward T. Colbert - April 2, 2009
In this 75 minute program, IP lawyer Edward Colbert presented an overview of trademark essentials for the entertainment law practitioner. Topics included: How trademark protection attaches to goods and services – and when it doesn’t; How marks should be cleared prior to use; How to distinguish a strong mark from a weak one; The key elements in a successful trademark registration; How “trade dress” and URLs fit in the mix; and the means by which trademark rights are protected – and lost. Mr. Colbert, a partner at Kenyon & Kenyon, has over 30 years of experience in domestic and international trademark licensing and litigation. Among his other accomplishments, he participated in the creation o the US Olympic Committee licensing program and has been involved in licensing and enforcement of Olympic marketing rights. A frequent lecturer and writer, Mr. Colbert is head of Kenyon & Kenyon’s Trademark and Copyright Practice Group in Washington, D.C.
The Updated Facebook Policy: Who owns your posted
information? - March 30, 2009
Speaker: Martin Schwimmer, Moses &
Singer LLP
Martin Schwimmer spoke about the legal issues surrounding the updated Facebook policy and how the new policy could impact Facebook users. Martin Schwimmer is a partner in Moses & Singer's Intellectual Property practice, representing Fortune 500 companies as well as social media start-ups. His practice is concentrated in the area of U.S. and international copyright, trademark law and domain name counseling, prosecution and litigation. Managing Intellectual Property magazine identified Mr. Schwimmer as one of the best trademark lawyers in the United States. He also publishes "The Trademark Blog" (www.schwimmerlegal.com), widely recognized as a leading source of trademark news and case analysis, which was listed on the ABA Journal's "Blawg 100" for 2007.
To view the video from this event, click here.
IP SURPRISE! Video Game Development a presentation by Jim Charne - March 17, 2009
Jim writes "Famous Last Words," a monthly column on legal and contracting issues for developers found on the web at www.igda.org. He is a Santa Monica, CA-based lawyer who has provided legal representation for clients in all aspects of computer and video game entertainment since the mid-1980's.
Book Party for David Post to Celebrate the Publication of his book - In Search of Jefferson's Moose: Notes on the State of Cyberspace - March 11, 2009
Who governs the Internet, and how? What kind of law does it have, what kind of law should it have, and who will make the law? David Post discussed these questions and more, as well as his new book, In Search of Jefferson's Moose: Notes on the State of Cyberspce (Oxford 2009), which looks at these questions through Jefferson's eyes - recreating Jefferson's encyclopedia of the New World from Notes on the State of Virginia (1786) - but this time for cyberspace.
Advertising and Games: Emerging Issues - February 5, 2009
Co-sponsored by the NY State Bar. Panelists included Greg Boyd, NYLS and Davis & Gilbert LLP; Sean Kane, Drakeford & Kane, LLC; Maria Mandel, Ogilvy & Mather; Adam Sultan, Majesco Entertainment. Greg Boyd moderated the panel.
Lawyering and Legal Profession 2.0 - February 3, 2009
The Center for Professional Values and Practice and the Institute for Information Law and Policy presented Lawyering and Legal Profession 2.0. Mr. Paul Lippe, CEO, Legal OnRamp, spoke about how social networking will change law practice.
Is Facebook Fair Game? - November 13, 2008
Professor James Grimmelmann discussed how privacy law applies to Facebook - and how Facebook might affect privacy law. A program in Law and Journalism event, moderated by Professor Brandt Goldstein.
Common Ground in a Digital Music World: Strategies that Work for Everyone - November 12, 2008
This two part panel discussion analyzed current issues affecting both artists and online businesses operating across the digital music world. Panelists will look at the current state of affairs, the interests of all participants, and the inevitable overlap. Discussion centered around licensing, filesharing, deal structures, and artist development. Panelists include David Rappaport, Davis Shapiro; Steve Masur, Masur Law; Dave Mazur, Masur Law; Adam Shore, The Daily Swarm; Adam Farrell, Beggars Group; Tres Williams, Thumbplay; David Kravets, Wired Magazine; Craig Averill, Serling, Rooks & Ferrara, LLP.
To view the video from this event, click here.
Game Theory Play Money: Introducing the New York Game Scene - November 7, 2008
Professor Grimmelmann was a panelist at this two part panel discussion that brought together academics and professionals who define New York City as a place to work, study, and play games. Hosted by the Columbia Institute for Tele-Information, Columbia Business School, and DiGRA NY, the event explores the uniqe challenges and opportunities that the Tri-State presents to contemporary gaming.
E-Discovery: Career Paths in the Technology of Law - November 5, 2008
The ins and outs of conducting e-discovery were provided, and professors detailed the Certificate of Mastery in Law Practice. Michael Dalewitz, Senior Managing Partner at Peak Discovery, Inc, and NYLS alum, was our guest speaker.
Patent Law Lecture: Business Method Patents:The Effects of In Re Bilski - October 21, 2008
Jeffrey S. Dickey, a member of our Alumni Advisory Board lead the discussion. For those of you unfamiliar with the case or its potential ramifications on business method patents, you can read up on the subject athttp://www.patentlyo.com/patent/2008/02/bilski-full-caf.html.
Considering Alternative Career Paths: Combining Legal Training and Experience with Technology Skills - October 16, 2008
A one hour program featuring discussion of how to combine law and knowledge management, as well as alternative career paths. Guest Speaker Alan J. Rothman, Project Manager of Cleary Gottlieb Steen & Hamilton LLP's Knowledge Management Department. Audio available HERE.
IP Surprise: From Reservation to Check Out - Intellectual Property in the Hotel Industry - October 14, 2008
Lisa Cantos, Vice President & Associate General Counsel of Starwood Hotels & Resorts Worldwide, Inc., will discuss the importance of brand management and information technology in the hospitality industry. Ms. Cantos has worked at Starwood 2004, and supports Starwood’s information technology, web, and interactive marketing groups along with Starwood’s nine hotel brands and the Starwood Preferred Guest loyalty program.
E-Discovery: Career Paths in the Technology of Law - September 24, 2008
The ins and outs of e-discovery practice were provided, along with info on the NYLS Certificate of Mastery in Law Practice. Featured Guest Speaker David Boyhan, Director of Electronic Discovery and Case Logistics at Merrill Lynch.
Trademark Clearance: The First Step - April 14,
2008
Joyce Creidy, Esq., Account Manager for CompuMark Global Trademark Solutions, hosted a one-hour clinic on the first steps of a proper trademark clearance, a requisite part of the due diligence an attorney should undertake before advising their client as to using a mark in the global economy. This extremely practice-oriented clinic taught students how to investigate usability of a mark, a must for any students considering a career in trademark law.
IP Surprise! - Protecting Intellectual
property Without Law in the Magic Industry - April 10, 2008
A discussion with Jacob Loshin, Law Clerk for the United States Court of Appeals for the Fifth Circuit and author of Secrets Revealed: How Magicians Protect Intellectual Property without Law, discussed the challenges magicians face in protecting the intellectual property in their illusions and the creative ways in which the magic community has adapted to this challenge.
Intellectual Property Rights in Sports
Statistics - April 10, 2008
Major League Baseball has requested certiorari to the U.S. Supreme Court to overturn the Eighth Circuit ruling that the First Amendment protects use of player names and statistics in fantasy sports leagues. Adjunct Professor Marc Edelman, an Associate in the Sports & Entertainment Practice Group at Dewey & LeBoeuf LLP, analyzed the need to find a balance between state-law publicity rights and first amendment interests in the context of sports statistics and this dispute.
IP Surprise! - Comic Books, Characters and the Law - April 3, 2008
Deputy General Counsel for DC Comics & MAD Magazine Jay Kogan examined intellectual property protection afforded to fictional characters. In addition, he will discuss how comic book publishers and creators can seek to protect their own rights and avoid violating the rights of third parties. Kogan also explored some of the newest intellectual property challenges facing comic book publishers today.
The State of the U.S. Patent System: The
Need for Balance - March 31, 2008
Intellectual Property will become one of the key geopolitical issues of the 21st century. Corporate perspectives in patent law practice have already begun to shift from protecting IP to maximizing intellectual capital. Guest lecturer Manny Schecter, Associate General Counsel of Intellectual Property Law at IBM, examined and discussed the impact of an imbalanced patent system on corporate practice and how the pending Patent Reform Act may shape these corporate perspectives.
IP Surprise! - Cutting-Edge Developments:
Intellectual Property and Fashion Design - March 25, 2008
Susan Scafidi, Visiting Associate Professor of Law at Fordham Law School and author of the weblog Counterfeit Chic, discussed the increasing importance of intellectual property in the fashion world, trademark protection for designers, and the debate over copyright protection for fashion designs.
Symposium on Intellectual Property Licensing
- March 14, 2008
The IILP's annual symposium, offering a lecture from each of the adjunct professors teaching Intellectual Property Licensing at NYLS this semester. This symposium included discussions of licensing literary works for film adaptation with Jonathan Reichman, Partner at Kenyon & Kenyon; print media and the challenges of digitalization with Kay Murray,
IP Surprise! - Intellectual
Property from Tee to Green - Applying the Art of Law to the Business of
Golf - March 10, 2008
James H. Schnare II, General Counsel for Nicklaus Companies, LLC, discussed with guests the relevance of intellectual property to the golf industry, from celebrity lifestyle and marketing to protection of golf courses. This lecture was co-sponsored by the Center for Real Estate Studies at New York Law School.
IP Surprise! - Patents in the
Videogame Industry - February 26, 2008
Dr. S. Gregory Boyd, Intellectual Property and New Media Associate at Davis & Gilbert LLP, joined us to discuss the steady rise of inventors and development companies seeking patent protection for ideas and inventions in the field of interactive media such as video games and virtual worlds.
State of Play V: Building the Global Metaverse - August, 19-22 2007
This pioneering global conference on virtual worlds invited experts across disciplines to discuss the future of cyberspace and the impact of these new immersive, social online environments on education, law, politics and society. The hallmark of the conference is its multi-disciplinary perspective.
State of Play IV: Terra Nova Symposium - January 12, 2006
Virtual Worlds and Massively Multiplayer Online Games are hugely popular, they are huge business, and they are hugely hyped. Nowadays, most people have heard about these strange worlds, many millions of them play in them or hang out in them, and it’s hard not to be exposed to endless news/magazine stories about them. This conference took stock of virtual world research, and asked “How did we get here?” and “Where now?”
State of Play III: Social
Revolutions - October 6-8, 2005
State of Play III: Social Revolutions was the third annual State of Play conference on the future of cyberspace. It focused on social relationships in the metaverse and how to build vibrant, flourishing, creative places.
AAI Invitational Roundtable on Complexity,
Networks and the Modernization of Antitrust with
Professor Rudolph J.R. Peritz - September
19, 2005
One perspective for understanding competition that has garnered increased attention by those in antitrust is the field of science known as “complexity science.” The science of complexity attempts to describe and explain how systems and their occupants, including industries and firms, evolve and compete against one another over time through adaptation, co-evolution and other dynamic processes.
Lunch Colloquia - Fall 2005
Every week the research fellows of the Institute and other members of the NYLS community gathered for learning lunches to discuss recent developments in intellectual property, technology, information and related areas of law.
State of Play II: Reloaded - October 28-30,
2004
State of Play II continued the conversation begun the previous year by focussing on the role of intellectual property and governance within virtual worlds. Examining the role that intellectual property protections can or should play in these synthetic places and the possibilities for using virtual spaces to promote democracy and self-governance.
State of Play: Law, Games and Virtual Worlds - November 13-15, 2003
State of Play was the first interdisciplinary conference to examine and explore the phenomenon of online games and virtual worlds in an effort to understand the phenomenon and discuss the complex social, psychological, and legal issues which arise therefrom.
