22nd Annual BCLT/BTLJ Symposium: The Administrative Law of Intellectual Property

22nd Annual BCLT/BTLJ Symposium:  The Administrative Law of Intellectual Property

April 12–13, 2018
International House
University of California, Berkeley



The substantive law of intellectual property gets more than its fair share of attention from legal scholars and practitioners. There are, however, many important administrative law issues that affect the IP field. This two-day symposium turns a spotlight on a wide range of these issues in a cross-cutting fashion, comparing similarities and differences in administrative agency practices and policies in the patent, copyright, and trademark fields. Among the questions to be addressed: Should the Copyright Office become an independent agency or be merged with the Patent and Trademark Office? Will the Supreme Court, in the Oil States case, uphold the constitutionality of Patent Trial and Appeal Board proceedings to adjudicate patent validity? How much deference should federal courts give to IP agency rule-making, issuances, and policy pronouncements? Should there be small claims courts for patent and copyright infringement?


NOTE: Additional speakers to be added

Thursday, April 12, 2018

Agency Design

  1. Agency design – How should IP agencies optimally be designed, both internally (what sort of offices and officers should they have) and where should the agencies be placed within the U.S. governmental structure? How well do the existing agencies match with optimal designs? How do U.S. IP agency designs differ from those in other countries?
  • Vikrum Aiyer, Postmates, former Chief of Staff, USPTO
  • Graeme Dinwoodie, IIT Chicago-Kent College of Law and University of Oxford
  • Terry Ilardi, Senior Counsel, IP Law Policy, IBM
  • Anne Joseph O’Connell, UC Berkeley School of Law
  1. Agency procedures – How do IP agencies exercise their ministerial functions: registration, recording, examination, issuance, and review?
  • Erik Bertin, Copyright Office
  • Sarah Burstein, University of Oklahoma College of Law
  • Jeanne Fromer, NYU School of Law
  • Melissa Wasserman, University of Texas Law School
  1. Agency Rule-making – What rule-making authority do the U.S. IP agencies have? How well do they exercise these powers? Should they have more rule-making authority?
  • Stuart Graham, Scheller College of Business, Georgia Institute of Technology
  • Sonia Katyal, UC Berkeley School of Law
  • Joe Liu, Boston College Law School
  • Aaron Perzanowski, Case Western Reserve University School of Law
  1. Tensions Between IP Agencies and Other Parts of the Executive Branch – What is the relationship between the policies and decisions of IP agencies and those of other executive agencies? Some agencies may have different priorities than IP agencies on IP issues. When this happens, how are the tensions that arise addressed and resolved?
  • Sapna Kumar, University of Houston Law Center
  • Tejas Narechania, UC Berkeley School of Law
  • Renata Hesse, Sullivan & Cromwell LLP
  • Rebecca Eisenberg, University of Michigan Law School

Friday, April 13, 2018

Review of Agency Decisions

  1. Invalidation: What procedures are there and should there be within IP agencies to review whether claimants’ IP rights are valid?
  • Rob Merges, UC Berkeley School of Law
  • Colleen Chien, Santa Clara University School of Law
  • Christopher Sprigman, NYU School of Law
  • Alexandra Roberts, University of New Hampshire School of Law
  • Saurabh Vishnubhakat, Texas A&M University School of Law
  1. Judicial Deference: How much deference do and should judges give to IP agency decisions, practices, and policies?
  • Shyam Balganesh, University of Pennsylvania Law School
  • Matthew Kreeger, Morrison & Foerster (moderator)
  • Arti Rai, Duke University School of Law
  • Deborah R. Gerhardt, University of North Carolina School of Law
  1. Enforcement Issues: What role should IP agencies play in enforcing IP rights? Should Congress establish small claims tribunals within IP agencies’ domain? What kinds of claims should be justiciable and what relief should be available?
  • Christian Helmers, Leavey School of Business, Santa Clara University
  • Ben Depoorter, UC Hastings College of the Law
  • Lisa Ouellette, Stanford Law School
  • Pam Samuelson, UC Berkeley School of Law