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The Administrative-Private Law Interface in IP

March 29, 2018

Intellectual property law is historically part of American private law. IP rights are generally understood to constitute property rights; infringement is tortious conduct; and licenses are governed by principles of contract law. However, in the twenty-first century IP law is increasingly created and influenced by administrative agencies. The Patent Trial and Appeal Board institutes about one thousand inter partes review proceedings each year; Copyright Office regulations are provided Chevron deference; and IP licensing arrangements are subject to close antitrust scrutiny. This conference will bring together scholars, policymakers, and practitioners to ask: What is the proper role for the administrative state in IP law? Panels will examine the following topics:

 Do Administrative Law and Private Law Mix in IP?
 Oil States Energy Services, LLC v. Green’s Energy Group, LLC
 Preclusion and Deference
 The Antitrust-IP Intersection

Join leading scholars, judges, government officials, and practitioners in a series of discussions
addressing these issues.


Keynote Speakers
 The Hon. David Kappos, Cravath, Swaine & Moore LLP (former Director of the USPTO)
 The Hon. James Smith, Ecolab (former Chief Judge of the Patent and Trials Appeal Board)

 The Hon. Arthur Gajarsa, WilmerHale (former Judge of the United States Court of Appeals for the Federal Circuit)
 The Hon. F. Scott Kieff, The George Washington University Law School
 John Duffy, University of Virginia, School of Law
 Einer Elhauge, Harvard Law School
 Scott Hemphill, NYU School of Law
 Kristin Hickman, University of Minnesota, Law School
 Keith Hylton, Boston University, School of Law
 Megan La Belle, The Catholic University of America, Columbus School of Law
 Anne Layne-Farrar, Charles River Associates
 Adam Mossoff, George Mason University, Antonin Scalia Law School
 Kali Murray, Marquette University School of Law
 Caleb Nelson, University of Virginia, School of Law
 Todd Rakoff, Harvard Law School
 Arti Rai, Duke University School of Law
 Sophie Wang, Choate and Boston Patent Law Association
 Melissa Wasserman, University of Texas at Austin, School of Law

 Eric Claeys, George Mason University, Antonin Scalia Law School
 John Golden, University of Texas at Austin, School of Law
 Erik Hovenkamp, Harvard Law School
 Ruth Okediji, Harvard Law School

To register for the event, please RSVP here:


March 29, 2018
Event Category:
Research Programs Events
Foundations of Private Law


WCC 2036 Milstein East ABC


Patrick Goold