University of Notre Dame

Symposium

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The Notre Dame Law Review has a long tradition of hosting symposia that bring together well-respected and diverse speakers around a variety of timely and thought-provoking legal topics. Held each fall semester, the annual Symposium provides an environment for intellectual engagement and an opportunity to wrestle with pressing legal issues. Traditionally, each participant will publish an article in the Law Review’s annual Symposium issue.

Volume 92 Symposium

On Saturday, November 12, 2016 Volume 92 of the Notre Dame Law Review will host its annual Symposium in the Patrick F. McCartan Courtroom. This year’s Symposium is titled Negotiating IP’s Boundaries in an Evolving World.

The Symposium will examine the increasing prevalence of overlapping intellectual property rights. Panels of leading academics and distinguished practitioners will address, among other issues, how the domains of various forms of intellectual property are defined, how claiming identifies the boundaries of particular inventions or works and impacts the extent of overlap, the relationship between administrative procedures and civil litigation, and the role of territoriality in protection and enforcement.

This year’s keynote speaker is the Hon. Judge David W. McKeague of the United States Court of Appeals for the Sixth Circuit. Judge McKeague was appointed to the U.S. District Court for the Western District of Michigan in 1992 by President George H. W. Bush. In 2005, President George W. Bush appointed him to the U.S. Court of Appeals for the Sixth Circuit. Judge McKeague authored an influential dissenting opinion in the case of Varsity Brands, Inc. v. Star Athletica, LLC, 799 F.3d 468 (2015), which the Supreme Court recently granted certiorari in to determine what the appropriate test is to determine when a feature of a “useful article” is protectable under § 101 of the Copyright Act.

The Symposium also brings together a distinguished group of intellectual property scholars and practitioners who will present their papers on IP boundary issues, followed by a moderator led discussion.

After the Symposium, the Law Review will host a Notre Dame v. Army football game watch and networking event for all attending guests.

Practitioners can earn 5 CLE credits for attending the Symposium. The CLE credits are approved for Indiana and Illinois. Any practitioner from other jurisdictions seeking CLE credits can reach out to Symposium Editor Kyle Maury (kmaury@nd.edu), who can assist getting credits approved. To register for CLE, please sign up here.

 

Schedule of Events

Saturday, November 12, 2016

  • All Panel Events Hosted in the Patrick F. McCartan Courtroom

 

9:00 AM – 10:30 AM — First Panel Discussion 

  • Mark P. McKenna, Notre Dame Law School &
  • Lucas S. Osborn, Campbell Law School
    • writing on “Trademarks and Digital Goods”
  • Perry Saidman, Saidman DesignLaw Group
    • writing on “Design Patent Functionality”
  • Pamela Samuelson, UC Berkeley School of Law
    • writing on “Strategies for Discerning the Proper Boundaries of Copyright and Patent Protections”
  • Rebecca L. Tushnet, Georgetown University Law Center
    • writing on “Raising Walls Against Overlapping Rights: Copyright Preemption and the Right of Publicity”
  • Moderated by Joseph P. Bauer, Notre Dame Law School

 

10:45 AM – 12:15 PM — Second Panel Discussion

  • Laura G. Pedraza-Fariña, Northwestern University Law School
    • writing on “Teams, Spillovers, and Overlapping Patent Rights”
  • W. Nicholson Price II, University of Michigan Law School
    • writing on “Expiring Patents, Trade Secrets, and Competition”
  • Arti K. Rai, Duke University School of Law
    • writing on “Overcoming Rights-Protected Biomedical Data Silos”
  • Moderated by Joanne Clifford, Notre Dame Law School

 

12:15 PM – 1:00 PM — Lunch

 

1:00 PM – 1:45 PM — Keynote Address

  • Judge David W. McKeague, United States Court of Appeals for the Sixth Circuit

 

2:00 PM –  3:30 PM — Third Panel Discussion

  • Graeme B. Dinwoodie, University of Oxford Law
    • writing on “Territoriality in the Protection and Enforcement of Trademark Rights”
  • Timothy R. Holbrook, Emory University School of Law
    • writing on “Boundaries, Territoriality, and Patent Infringement Remedies”
  • Mark A. Lemley, Stanford Law School
    • writing “Did eBay Irreparably Injure Trademark Law”
  • Moderated by Shubham Mukherjee, Whirpool Corporation

 

3:30 PM — Notre Dame v. Army Football Game Watch & Networking Event

 

Past Symposium topics and participants have included:

Religious Liberty and the Free Society: Celebrating the 50th Anniversary of Dignitatis Humanae, Symposium 2015-2016

On November 5 and 6, 2015 the Notre Dame Law Review hosted its annual Symposium.The event celebrated and examined the 50th Anniversary of the Second Vatican Council’s Declaration on Religious Freedom and was part of the 2015-16 Notre Dame Forum.  Participants included Professors Thomas Berg, Paul Horwitz, Mark Movsesian, Christopher Lund, Marc DeGirolami, Brett Scharffs, Steven Smith, Anna Su, Phillip Muñoz, and Richard Garnett.  The panels were moderated by Judge Richard Sullivan of the Southern District of New York.  Bishop Daniel E. Flores of Brownsville, Texas gave the soporific opening address and John H. Garvey, President of The Catholic University of America, gave the keynote address.

 

The Treaty Power After Bond v. United States: Interpretative and Constitutional Constraints, Symposium 2014–2015

On November 14, 2014 the Notre Dame Law Review, in conjunction with the Notre Dame Program on Constitutional Structure, hosted its annual Symposium, titled The Treaty Power After Bond v. United States: Interpretative and Constitutional Constraints. Participants included Duncan Hollis, Saikrishna Prakash, Michael Ramsey, Julian Ku, David Sloss, Paul Stephan, Roger Alford, Edward Swaine, and Ingrid Wuerth. Mr. Paul D. Clement, partner at Bancroft PLLC, former Solicitor General of the United States, and lead counsel for Carol Bond before the Supreme Court gave the Symposium’s keynote address.

 

The Evolution of Theory: Discerning the Catalysts of Constitutional Change, Symposium 2013–2014

The Symposium delved into the factors of constitutional doctrinal shifts. It focused on the question of whether the evolution of constitutional theory is driven by external pressures—such as economics, politics, culture, and social movements—or by an internal dialogue about constitutional meaning. Presenters looked to shed light on this question by exploring the most salient points of constitutional development and change in the 20th century. Participants included David Bernstein, Barry Cushman, Samuel Olken, Lucas Powe, Brad Snyder, Ryan Williams, Kurt Lash, Stephen Sachs, Keith Whittington, and Judge Brett Kavanaugh, of the United States Court of Appeals for the District of Columbia Circuit, gave the Symposium’s keynote address.

 

The American Congress: Legal Implications of Gridlock, Symposium 2012–2013

The Symposium focused broadly on congressional gridlock, exploring various aspects of the issue from partisanship and civility to the utilization of the appropriations process to legislate. These and other facets of the topic were discussed against the backdrop of the 2012 election and current congressional inaction. Participants included Professors Josh Chafetz, Barry Cushman, Michael Gerhardt, Gerard Magliocca, Rebecca Kysar, John C. Roberts, Carl Tobias, George K. Yin, John Nagle, Michael Teter, Franita Tolson, and Sandra Zellmer. Former United States Congressman Thomas Allen gave the keynote address.

 

Educational Innovation and the Law, Symposium 2011–2012

The Symposium considered a wide range of legal issues related to education, including the education gap, school choice, charter schools, labor issues, and the effect of the current state and local fiscal crisis on public education. Two panels of legal scholars presented and discussed issues surrounding educational innovation and the law. Participants included Professors Michael Heise, Nicole Garnett, Jim Dwyer, Roderick Hills, Joseph Viteritti, Andrea Matwyshyn, Rosemary Salomone, Lia Epperson, and Peter Schuck. New Jersey Governor Chris Christie gave the keynote address.

 

Creativity and the Law, Symposium 2010–2011

The Symposium was dedicated to the relationship and role of the law in cultivating, focusing, and defending creativity. It considered a range of interdisciplinary questions such as, “What is creativity, and how does it map onto legal concepts like originality, novelty, or non-obviousness?” and inquired into the functionality of law, particularly intellectual property, in promoting creative enterprises. The Symposium brought together experts from several fields, including Rebecca Tushnet, Michael Madison, Funmi Arewa, Roberta Rosenthal Kwall, Gregory Mandel, Jessica Silbey, David Galenson, Mario Biagioli, Sean Seymore, Jeanne Fromer, Abraham Drassinower, and Keith Sawyer.