The Eureka Myth

In Professor Jessica Silbey's new book The Eureka Myth, Creators, Innovators, and Everyday Intellectual Property (Stanford University Press), she cuts through the current debates about the efficacy of IP law by going straight to the source: the artists and innovators themselves. Silbey focuses on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they innovate and IP law's role in spurring or hindering invention. Click the middle tab on the book's homepage to read reviews. 

 

Monkey Milk case at TTAB

In a case before the Trademark Trial and Appeal Board, IP Clinic students are working on negotiating a settlement for their client, Monkey Milk, a banana-flavored milk for kids. Cytosport, the maker of Muscle Milk, has opposed Monkey Milk's trademark. 

Lion's Share

Which law school has produced the lion's share of the Bay State's top patent law firm partners? Suffolk Law tops the list with 93 partners--50 percent more than our closest competitor--and has 5 times more graduates with a Ph.D.

Who Owns Blue?

Michelle Gallagher '14 published Who Owns Blue? An Examination of the Functionality Doctrine in University Sports Color in the Trademark Reporter, the journal for INTA. The paper looks at Boise State University's attempt to trademark the shade of blue used in its stadium.

Social Media Liability

Professor Michael Rustad will chair the Thomas Lambert Conference Emerging Issues in Social Media Liability on November 14. The conference will be of particular interest to professionals who represent companies using social media for marketing, who manage employees who use social media in the workplace, or who implement social media programs. Conference agenda topics are available here. 

South by Southwest: William and the Windmill

The IP Clinic is representing documentary filmmaker Ben Nabors in an IP dispute surrounding the distribution of his latest film, "William and the Windmill." The film, about a Malawian man who builds a power-generating windmill from scrap parts to save his family from poverty, won the Grand Jury Prize at the South by Southwest Festival (SXSW) this year.

Nuts/Bolts/Undergrads

In The Nuts and Bolts of Intellectual Property: An Undergraduate Textbook(forthcoming 2014, American Bar Association Books), Professors Stephen McJohn and Lorie Graham offer an introduction to copyright, patent, trademark and trade secret law for undergraduates. 

A new way to address patent trolls?

Professor Rebecca Curtin's paper SLAPPing Patent Trolls?: What Anti-trolling Legislation Can Learn from the Anti-SLAPP Movement (forthcoming, Stanford Technology Law Review) is one of many examples of cutting-edge scholarship being produced by Suffolk Law's eight IP faculty. There are too many papers and speaking engagements to list them all here.

In her paper, Curtin proposes novel reform of federal patent legislation based on the tools used by anti-SLAPP statutes, including a new procedure to help courts identify and dismiss baseless infringement claims prior to extensive discovery.

A few other faculty publications include:

Christopher Gibson, The Protection of Intellectual Property Rights Under International Investment Law, Oxford University Press (forthcoming 2015)

Andrew Beckerman-Rodau, What Should be Patentable? A Proposal for Determining the Existence of Statutory Subject Matter Under 35 U.S.C. Section 101, 13 Wake Forest J. of Bus. & IP Law 145 (2013)

Leah Chan Grinvald, Interactivity, Territoriality, and Well Known Marks, in "Trademark Protection and Territoriality Challenges in a Global Economy", Elgar, (2013) (Irene Calboli & Edward Lee, eds.)

Eve J. Brown, The Authors Guild, Inc. v. Google: The Google Books Case Comes To a Close (For Now), The Copyright & New Media Law Newsletter (April 2014) (with Roxana Babaei)

Public Domain Software

Suffolk hosted a seminar by the Free Software Foundation, an organization promoting public domain software. The seminar addressed legal issues related to software licensing.

Act globally

In his book Software Licensing (LEXIS/NEXIS IP Law & Strategy Series), Professor Michael Rustad examines key clauses and negotiating points that both licensors and licensees confront in licensing software-including advice to think and act globally, at least when it comes to licensing.

Black Box Medicine

The next Boston IP Colloquium--a monthly gathering of IP professors, students, law alumni and lawyers to hear and discuss a research project in progress-is October 31 and features an article by Professor William Nicholson Price from UNH Law. The topic is Incentives, Intellectual Property, and Black-Box Personalized Medicine.