Of all the honorary degrees Harvard could have awarded Bill Gates, he gets a Doctor of Laws? Computer science, business or economics, I could see. Even public health, education or political science for his philanthropic achievements. But during this unprecedented era of attacks on the rule of law by the wealthy and powerful, law schools should be leading the resistance, and Harvard should be in the vanguard. Harvard should have found a way to honor its most distinguished dropout without dishonoring the legacy of the late Prof. Phillip Areeda and the many great antitrust enforcers who have graduated from its law school. (These articles explain how U.S. courts have largely allowed Microsoft to violate and evade the antitrust laws for more than a decade.)
Memory chip manufacturer Rambus Inc. has spent the past several years as a defendant facing multiple antitrust claims. Rambus allegedly promoted the adoption of its designs by an industry standards organization, while failing to inform the organization that it had pending, secret patent applications covering those designs. Rival company Infineon Technologies AG, accused of infringing Rambus's patents, won a jury verdict on an antitrust counterclaim, but had that verdict overturned by the Federal Circuit in 2003. The Federal Trade Commission conducted its own investigation beginning in 2002, however, and last August unanimously held Rambus liable for unfair competition in violation of section 5 of the FTC Act. The administrative litigation is still pending, and appeals will likely follow.
The annual softball game between Carolina Law faculty and incoming 1Ls ended in time-honored fashion, with a blowout win for the Brandis section and a moral victory for the faculty (no major injuries!). As Eric Muller writes, "We have the Brandis team just where we want them. We decided to fool them by letting them score lots and lots of runs, scoring none ourselves, and making lots of errors in the field, thereby lulling them into a false sense of security. Now we will challenge them to a re-match and whup them, fielding a team consisting of only Richard Myers and Tom Kelley." Thanks to Ruth McKinney and Kelly Podger for taking many of these pictures after a strenuous weekend of orientation activities! This blog post is dedicated to our longtime pitcher and Professor Emeritus, Arnold Loewy, who had to miss the game after more than 20 years on the mound.
My colleague Deborah Weissman and her husband Lou Perez hosted a wonderful dinner party tonight to welcome our new colleagues Alistair Newbern and Tom Gallanis. Alistair will be an assistant professor in our civil clinic, while Tom will be a visiting professor teaching trusts and estates. More pictures below the fold. Welcome Alistair and Tom!
I am happy to report that a three-year effort by Prof. Richard Gruner, Prof. Shubha Ghosh and myself has reached an exciting outcome. Lexis-Nexis has just published our new casebook, Intellectual Property in Business Organizations.
The book deals with the IP issues faced by firms, from start-ups to large, publicly traded companies. Unlike other IP books that largely focus on the acquisition and enforcement of IP rights, this book deals with the transactional side of IP. It focuses on the business issues related to IP: ownership, licensing, financing based on IP, stock disclosures, and the antitrust, tax, bankruptcy, and mergers and acquisitions issues raised by IP.
Any comments or suggestions for improvement are most welcome.
I am pleased to announce that from today, Jay P. Kesan, Professor and Director of the Program in Intellectual Property and Technology Law at the University of Illinois College of Law, will be joining me in blogging from the long tail here at Voiceless.
Jay is one of the nation’s preeminent scholars in patent, software and cyberspace law, and I am delighted that readers of this blog will have an opportunity to benefit from his insights as I have. With doctoral and master’s degrees in electrical and computer engineering, Jay shares my appreciation of the relevance of scientific methods and values in jurisprudence and legal scholarship, as well as an affinity for burnt orange and white. Welcome, Jay!
Below the fold are a few photos from the Intellectual Property Scholars Conference at UC-Berkeley's Boalt Hall School of Law, which ended today. I just presented my work in progress, "Antitrust in the Age of Virtualization: A First Principles Approach"; you can read a very preliminary draft here.
Special thanks to Pam Samuelson, Louise Lee, David Grady and Alissa Centivany for their amazing efforts in hosting and organizing, and to countless colleagues for many stimulating and encouraging conversations. Even with the airports on Beverage Alert, it was well worth the long trip!
I have a goodly supply of publishers' reprints of each of the four articles listed as "Andrew's Recent Publications" in the sidebar of the home page. If you'd like copies of any or all of them, all you have to do is send me your mailing address.
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An examination of the legal and technological structures that keep almost all of us voiceless, by Prof. Andrew Chin (who?) at the University of North Carolina School of Law and Prof. Jay Kesan at the University of Illinois College of Law
voiceless is a new blog. If you like what you've seen so far, please consider making voiceless a little less voiceless by adding a link to it from your blogroll!
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