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.................................... INTELLECTUAL PROPERTY LAW PROGRAM ....................................

Uci Law Intellectual Property Program

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Uci Law Intellectual Property Program

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Page 1: Uci Law Intellectual Property Program

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I NTE LLECTUAL PROPE RTY L AW

PROG RAM

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Anchored by leading experts in the field, the University of California, Irvine School of Law offers a world-class intellectual property law program that goes far beyond the classroom.

Accomplished Faculty. UCI Law’s IP faculty are consistently ranked among the most highly cited and influential IP scholars in the United States. Their expertise ranges from patent and copyright to antitrust and employees’ rights. They have written treatises, textbooks and articles that are regularly cited by courts and relied upon by legislatures.

Cutting-edge Clinic. The Intellectual Property, Arts, and Technology Clinic allows students to support innovation and creative expression in the digital age by representing clients on a range of matters, including copyright, patent and privacy law.

Interdisciplinary Research. IP faculty at UCI Law partner with experts across campus in biology, medicine, business, computer science, informatics, criminology, humanities and the arts. They lead or collaborate with such research groups as the Newkirk Center for Science and Society, the Institute for Virtual Environments and Computer Games, the John S. and Marilyn Long U.S.-China Institute for Business and Law, and the Creative Economies Center.

IP Events. UCI Law’s faculty members host major international conferences on IP and related high technology issues, while two student groups — the Intellectual Property & Cyberlaw Society and the Entertainment Law Society — organize symposia and other events for students interested in pursuing a career in this area of law.

Robust Curriculum. In addition to a wide array of courses taught by expert IP faculty, UCI Law hosts short-term visiting faculty who specialize in intellectual property and present their breakthrough work to student audiences.

Dynamic.Influential.Pacesetting.

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FacultyUCI Law’s distinguished faculty includes experts on diverse aspects of intellectual property law.

Olufunmilayo Arewa Professor of Law

Professor Arewa’s research centers around intellectual property and business, with a primary focus on copyright and music. Her work also focuses on copyright and the entertainment industries, law and technology, law and society and various business issues.

Prior Appointment: Associate Professor, Northwestern University School of Law

Select Publications:• Olufunmilayo Arewa, A Musical Work is a Set of Instructions, Hous. L. Rev. (forthcoming 2015). • Olufunmilayo Arewa, Nollywood and African Cinema: Cultural Diversity and the Global Entertainment Industry, in Protecting and Promoting Diversity with Intellectual Property Law (Irene Calboli & Srividhya Ragavan eds., forthcoming 2014). • Olufunmilayo Arewa, Making Music: Copyright and Creative Processes, in A Companion to Media Authorship (Jonathan Gray & Derek Johnson eds., 2013). • Olufunmilayo Arewa, Creativity, Improvisation, and Risk: Copyright and Musical Innovation, 86 Notre Dame L. Rev. 1829 (2011). • Olufunmilayo Arewa, YouTube, UGC, and Digital Music: Competing Business and Cultural Models in the Internet Age, 104 Nw. U. L. Rev. 431 (2010).

Dan L. Burk Chancellor’s Professor of Law Professor Burk is an internationally prominent authority on legal and social issues related to high technology. He is best known for his work in patents and for his pioneering analysis regarding jurisdiction or legal control over Internet activity.

Prior Appointment: Oppenheimer, Wolff & Donnelly Professor of Law, University of Minnesota Law School

Select Publications: • Dan L. Burk, The Curious Incident of the Supreme Court in Myriad Genetics, 90 Notre Dame L. Rev. (forthcoming 2014). • Dan L. Burk, Owning e-Sports: Proprietary Rights in Professional Computer Gaming, 161 U. Pa. L. Rev. 1535 (2013). • Dan L. Burk, Cybermarks, 94 Minn. L. Rev. 1375 (2010). • Dan L. Burk & Mark A. Lemley, Fence Posts or Sign Posts? Rethinking Patent Claim Construction, 157 U. Penn. L. Rev. 1743 (2009). • Dan L. Burk & Mark A. Lemley, The Patent Crisis and How the Courts Can Solve It (2009).

Catherine L. Fisk Chancellor’s Professor of Law Professor Fisk has written on such topics as labor issues in the entertainment industry, employee mobility in technology sectors and employer-employee disputes over attribution and ownership of intellectual property.

Prior Appointment: Douglas Blount Maggs Professor of Law, Duke University School of Law

Select Publications:• Catherine L. Fisk, Intellectual Property History as Labor History, in Law and Society Approaches to Intellectual Property (William Gallagher & Deborah Halbert eds., forthcoming 2014). • Catherine L. Fisk, Working Knowledge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800–1930 (2009, paperback ed. 2014). • Catherine L. Fisk, The Role of Private Intellectual Property Rights in Markets for Labor and Ideas: Screen Credit and the Writers Guild of America, 1938–2000, 32 Berkeley J. Emp. & Lab. L. 215 (2012). • Catherine L. Fisk, The Modern Author at Work on Madison Avenue, in Modernism and Copyright 173 (Paul Saint-Amour ed., 2010). • Catherine L. Fisk, The Story of Ingersoll Rand v. Ciavatta: Employee Inventors in Corporate Research & Development – Reconciling Innovation with Entrepreneurship, in Employment Law Stories 143 (Samuel Estreicher & Gillian Lester eds., 2007).

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Jack I. LernerAssistant Clinical Professor of Law

Professor Lerner is the founding director of the UCI Law Intellectual Property, Arts, and Technology Clinic. He has served on the board of the International Documentary Association and as a trustee with the Los Angeles Copyright Society.

Prior Appointment: Clinical Professor of Law, University of Southern California Gould School of Law

Select Publications: • Jack I. Lerner, Oversight and Regulation of Collective Management of Copyright (forthcoming 2015).• Jack I. Lerner, Michael Frank, Michelle Lee & Diana Wade, The Duty of Confidentiality in the Surveillance Age, 17 J. Internet L. 1 (2014). • Jack I. Lerner & Deirdre K. Mulligan, Taking the “Long View” on the Fourth Amendment: Stored Records and the Sanctity of the Home, 2008 Stan. Tech. L. Rev. 3 (2008). • Jack I. Lerner, Intellectual Property and Development at WHO and WIPO, 34 Am. J.L. & Med. 257 (2008).• Clara Ruyan Martin & David B. Oshinsky, Internet Law & Practice In California (Jack I. Lerner ed., 2004).

Christopher R. Leslie Chancellor’s Professor of Law

Professor Leslie’s IP scholarship focuses on antitrust law and the intersection of antitrust law and intellectual property rights. He is past chair of the Antitrust Law Section of the Association of American Law Schools and is a senior editor for the Antitrust Law Journal.

Prior Appointment: Professor of Law and Freehling Scholar, Chicago-Kent College of Law

Select Publications: • Christopher R. Leslie, Monopolization Through Patent Theft, 103 Geo. L.J. (forthcoming 2014). • Christopher R. Leslie, Antitrust Law & Intellectual Property Rights: Cases and Materials (2011). • Christopher R. Leslie, Patent Tying, Price Discrimination, and Innovation, 77 Antitrust L.J. 811 (2011). • Herbert Hovenkamp, Mark D. Janis, Mark A. Lemley & Christopher R. Leslie, IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property (2d ed. 2009 and annual supplements). • Christopher R. Leslie, Antitrust and Patent Law as Component Parts of Innovation Policy, 34 J. Corp. L. 1259 (2009).

R. Anthony Reese Chancellor’s Professor of Law

Professor Reese is a leading expert on copyright law. Much of his scholarship focuses on the interaction of copyright and digital technologies, and his current work examines various aspects of copyright’s termination of transfer provisions. He was a member of the Copyright Principles Project, which proposed significant reforms to U.S. copyright law.

Prior Appointment: Arnold, White & Durkee Centennial Professor of Law, The University of Texas at Austin School of Law

Select Publications: • R. Anthony Reese, Ninth Annual Baker Botts Lecture, What Copyright Owes the Future, 50 Hous. L. Rev. 287 (2012). • Robert A. Gorman, Jane C. Ginsburg & R. Anthony Reese, Copyright: Cases & Materials (8th ed. 2011). • R. Anthony Reese, Transformativeness and the Derivative Work Right, 31 Colum. J.L. & Arts 467 (2008). • R. Anthony Reese, Public But Private: Copyright’s New Unpublished Public Domain, 85 Tex. L. Rev. 585 (2007). • Mark A. Lemley & R. Anthony Reese, Reducing Digital Copyright Infringement Without Restricting Innovation, 56 Stan. L. Rev. 1345 (2005).

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Intellectual Property, Arts, and Technology ClinicDirector: Jack Lerner

Students in the UC Irvine School of Law’s Intellectual Property, Arts, and Technology Clinic advise and represent

clients on a range of matters dealing with copyright, patent, privacy and media law, among other areas.

Through this work, students gain important legal skills while examining the role of the public interest in IP

and technology law.

Much of the Clinic’s work includes counseling for small inventors, micro-entrepreneurs, artists, filmmakers,

policymakers, nonprofit organizations and others who otherwise would not have access to top-flight legal services.

Clinical students manage their own cases, serve as the primary contact with the client, plan and run their own calls

and meetings, and draft all briefs, memoranda and correspondence. They develop an array of skills important to

lawyers working in technology, including:

■ license negotiation and contract drafting;

■ client counseling and interviewing;

■ case management, strategy and planning;

■ ethics and practice management; and

■ organizing and coalition-building.

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Examples of clinical projects:

■ Advising entrepreneurs and nonprofits on questions of patent, copyright, privacy and media law

■ Counseling policymakers and others in the developing world on complex international IP questions

■ Filing amicus briefs in state and federal courts of appeal and the U.S. Supreme Court

■ Helping low-budget and marginalized documentary filmmakers make fair use of copyrighted materials

appropriately and responsibly

■ Advocating in administrative rulemakings and other regulatory proceedings via comments, testimony and

other forms of participation

During fall 2014, in addition to other special projects, the Clinic is working with a nationwide coalition of

documentary and independent filmmakers on regulatory proceedings involving network neutrality in the Federal

Communications Commission and the doctrine of fair use in the Library of Congress.

“There is no better place than UCI Law for a clinic that supports innovation and creative expression in the digital age,” says Jack Lerner, Assistant Clinical Professor of Law and Director of the Intellectual Property, Arts, and Technology Clinic. “The Law School has both an extraordinary intellectual property law faculty and a visionary clinical program, and many of our students bring strong backgrounds in IP and tech. Just as important is the great unmet need in Southern California — and across the country — for this type of work. All of this amounts to a uniquely valuable opportunity for our students.”

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UC Irvine School of Law sits in the heart of Southern California’s tech hub and near the entertainment capital of

the world. It is part of a campus that ranked first in the U.S. and fifth globally among the 100 best universities

less than 50 years old. UC Irvine also is home to the only school of computer science in the University of California

system and a recently launched Institute for Virtual Environments and Computer Games.

UCI Law prepares students to succeed in IP law practice in a wide variety of institutional settings — from large,

medium and small law firms to in-house legal departments, government agencies, public interest organizations

and startup companies. Our students have participated in diverse IP-related projects both on and off campus,

including:

■ Interning at Fox Entertainment Group, Country Music Television, Marvel Entertainment Studios, Lionsgate,

Electronic Frontier Foundation, St. John Knits, Colgate and Allergan

■ Working with the UCI Office of Technology Alliances, which fosters faculty/industry alliances and commercialization

of UC Irvine technology for the broad public benefit

■ Serving in internships with federal district court judges who focus on patent law

■ Arguing copyright issues at events like the ABA-sponsored First Amendment and Media Law Diversity Moot

Court Competition

Student Success

CoursesUCI Law’s Intellectual Property curriculum includes such courses as:

Antitrust Law & IP Rights Copyright Law Cross-Border Trade in IP

Digital Copyright LawEntertainment LawIntellectual Property Clinic

Intellectual Property LawPatent LawTrademark Law

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“At UCI Law I received not only classroom training, but also ‘field’ training on real conflicts, real clients and real work product. In my practice now, I review patents, study technology and dive into federal and state law. UCI Law has prepared me for all this. My legal training was very similar to my previous training in science and engineering — applying my intellect to problems and connecting the abstract to the concrete, so that by the time I received my J.D., I didn’t just know law. I could do it.”Sam Lam ’12Associate, Jones Day (Irvine)IP Litigation, focus on patent law

“I knew I wanted to study at a law school with a strong IP program, and the faculty at UCI Law just blew me away. The beauty of learning from gurus of the IP field is that you become a better problem-solver, strategist, analyst and counselor. The UCI Law faculty truly prepared me for the fast-paced world of IP practice in a large law firm — teaching me how to think several steps ahead and to spot issues before they become problems.”Jolene Fernandes ’13Associate, Foley & Lardner LLP (Boston)Chemical, Biotechnology & Pharmaceutical Practice

“I was drawn to UCI Law because the faculty consistently came from strong teaching backgrounds, had outstanding academic track records and contributed extensively as thought leaders in their fields. The substantial legal and technology presence in Orange County and the ability to take cross-disciplinary courses in other areas of the university also were great resources to someone like me, who is interested in intellectual property, patent law, entrepreneurship and pro bono service.”Christine Luu ’13 Law Clerk, U.S. District Court for the Western District of TennesseePatent Pilot Program

“Because of the incredible IP faculty at UCI Law, I learned how to apply classroom lessons to what I do today as in-house counsel for a global luxury brand. My responsibilities include managing our worldwide trademark licensing portfolio and negotiating an array of agreements for the brand’s core technology, e-commerce projects, digital presence and design efforts. With the faculty’s mentorship, I was encouraged to find a role that allows me to work on IP issues as they relate to business transactions in an international arena.”Christina Zabat-Fran ’12 Manager of Legal Affairs, St. John Knits, Inc. (Irvine)Corporate Counsel, fashion law

“UCI Law boasts an impressive roster of intellectual property faculty — top scholars in their respective areas of expertise specializing in cutting-edge topics. The faculty’s focus on the intersection of IP with other areas of law, such as antitrust, has prepared me to counsel clients on tricky issues that many first-year attorneys would not be prepared to address. With the recent addition of the Intellectual Property, Arts, and Technology Clinic, UCI Law students interested in pursuing IP work will be even more practice-ready.”Jesse Welsh-Keyser ’14Associate, Alston & Bird LLP (Los Angeles)Technology, Privacy & IP Transactions Group

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Conferences that bring together leading scholars in the U.S. and abroad enrich the IP law discussion at UCI Law and beyond. Papers from symposia are collected and published in the UC Irvine Law Review, available at www.law.uci.edu/lawreview.

U C I L A W I P E V E N T S

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Bend or Break: Tailoring the Patent System to Promote Innovation (Spring 2010)Internationally recognized scholars from law, business and economics considered legislative proposals for patent reform, the role of the Patent Office, the role of the court system and substantive changes in patent law that address such critiques.

Speakers:Dan Burk, University of California, Irvine Christopher Leslie, University of California, IrvineColleen Chien, Santa Clara University Robert Merges, University of California, BerkeleyRebecca Eisenberg, University of Michigan Michael Meurer, Boston UniversityJeanne Fromer, Fordham University Fiona Murray, Massachusetts Institute of TechnologyStuart Graham, Georgia Institute of Technology Geertrui Van Overwalle, Katholieke Universiteit LeuvenMark Lemley, Stanford University Polk Wagner, University of Pennsylvania

The Meaning of Myriad: Patent Law Conference (Fall 2014)In 2013, the United States Supreme Court rendered its decision on gene patenting in Association of Molecular Pathology v. Myriad Genetics. Featuring a keynote address by Hon. Andrew Guilford, U.S. District Court for the Central District of California, this conference was designed to explore the evolving meaning of the Myriad decision for science, for industry and for the patent system.

Speakers:Dan Burk, University of California, Irvine Mark Lemley, Stanford University Mark Janis, Indiana University Bloomington Lisa Larrimore Ouellette, Stanford UniversityAnna Laakman, Lewis & Clark University Amelia Rinehart, University of Utah Jessica Lai, University of Lucerne Brad Sherman, Griffith UniversityPeter Lee, University of California, Davis

Governing the Magic Circle: Regulation of Virtual Worlds (Spring 2011)In conjunction with UCI’s Institute for Virtual Environments and Computer Games, UCI Law convened an international cadre of lawyers, economists and sociologists to consider the copyright, contract, trademark, privacy and other challenges of regulating virtual worlds.

Speakers:Farnaz M. Alemi, Jenner & Block Kristin Hickman, University of MinnesotaTed Castranova, Indiana University Bloomington Sal Humphreys, The University of AdelaideBenjamin Duranske, Facebook Mark Lemley, Stanford UniversityJoshua Fairfield, Washington and Lee University Bonnie Nardi, University of California, IrvineEric Goldman, Santa Clara University TL Taylor, IT University of CopenhagenLaura Heymann, William & Mary Rebecca Tushnet, Georgetown University

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www.law.uci.edu

Intellectual Property Law Faculty at the University of California, Irvine School of Law:

Olufunmilayo Arewa, Professor of Law

Dan L. Burk, Chancellor’s Professor of Law

Catherine L. Fisk, Chancellor’s Professor of Law

Jack I. Lerner, Assistant Clinical Professor of Law

Christopher R. Leslie, Chancellor’s Professor of Law

R. Anthony Reese, Chancellor’s Professor of Law