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
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