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John Marshall Journal Cited by U. S. Supreme Court
The United States Supreme Court recently cited The John Marshall Journal of Computer and Information Law (JCIL) in its opinion in Quanta Computer Inc. v. LG Electronics.
In Quanta, LG licensed patents to Intel for use in manufacturing and selling microprocessors and chipsets. LG required that Intel give its customers "written notice that the license does not extend to a product made by combining and Intel product with a non-Intel product."
Quanta purchased microprocessors and chipsets from Intel and manufactured computers using Intel parts in combination with non-Intel parts. LG sued Quanta, asserting that the combination of Intel and non-Intel parts infringed the LG patents.
Quanta argued that the patent exhaustion doctrine, which "provides that the initial authorized sale of a patented item terminates all rights to that item," applied to LG's method patents.
At issue was "whether patent exhaustion applies to the sale of components of a patented system that must be combined with additional components in order to practice the patented methods."
The Court held that the patent exhaustion doctrine applied to method patents, reasoning that "patentees seeking to avoid patent exhaustion could simply draft their patent claims to describe a method rather than an apparatus."
To illustrate the holding, the Court cited the JCIL article by John R. Thomas of George Washington University School of Law, in which Thomas recommended converting apparatus claims into the method claims as a way to ensure the patent claim would {"survive numerous transactions."
After concluding that the exhaustion doctrine applied to method patents, and that "the license authorize[d] the sale of components that substantially embody the patents in suit," the Court held that the sale exhausted the patents and LG "can no longer assert its patent rights against Quanta."
The citation helped bring attention to John Marshall's program, said 2008-2009 editor-in-chief, Sarah Knight.
"This cite is a wonderful opportunity for JCIL and John Marshall to showcase what we have to offer and affirm that we remain on the forefront of emerging issues in the area of the law and technology," she said.
"It is an illustration of the true scope of JCIL, as much more broad than the title implies. We are constantly illustrating how technology and privacy issues impact every area of law and policy," Knight added.
Professor Leslie Reis, faculty editor of JCIL and director of the Center for Information Technology and Privacy Law agreed, adding, "this is yet another example why JCIL continues to be one of the top most cited technology journals in the world."
"It is also a tribute to the talented students and faculty, who for more than 20 years, have endeavored to produce timely and useful articles," she added.
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Tax Lunch and Learn Focuses on Estate Planning and Patents
The Center for Tax Law and Employee Benefits is presenting a Lunch and Learn program, "Patenting Estate-Planning Techniques: A Patently Difficult Issue," from 11:30 a.m. to 1:30 p.m., Wednesday, Sept. 24, at the law school.
The subjects of the program will include a review of patent law basics for those who are not patent lawyers; how patents apply to tax strategies and estate planning; problems created by tax-strategy patents for tax advisors and their clients; ethical issues for patent and tax lawyers; policy considerations (pro and con); legislative (and other) efforts to deal with tax-strategy patents; and Practical advice for tax advisors dealing with tax strategy patents.
The program features William C. Weinsheimer, a partner with Foley & Lardner LLP. Weinsheimer is a member of the firm's Tax & Individual Planning and Estates & Trusts practices. The former co-chair of the Estates & Trusts Practice, he focuses on estate, tax and succession planning for owners of closely held businesses, key executives and other wealthy individuals. Weinsheimer also advises clients regarding trust and estate administration, tax, valuation and fiduciary litigation and related areas of taxation. He is frequently invited to speak on these topics.
He is the former chair of the Probate Practice Committee of the Chicago Bar Association and a fellow and active member of the American College of Trust and Estate Counsel (ACTEC), where he currently chairs the Task Force on Patenting Estate Planning Techniques. He is a past regent of ACTEC, a former Illinois state chair, a former editor of ACTEC Notes, a past chair of ACTEC's editorial board and practice committee, and a co-author of the ACTEC guide for clients, What it Means to Be a Trustee.
There is no cost to attend the luncheon, however advance reservations are necessary. To register online, visit www.jmls.edu/events/32608TX.asp. The deadline for registration is Friday, Sept. 19, and 1.5 CLE hours are available upon completion of the program.
For more information, contact Steven Szydelko, program coordinator, at 6szydelko@jmls.edu.
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Paul Johnson Appointed to ABA Commission
Paul Johnson, a 3L student at The John Marshall Law School, has been appointed the liaison for the American Bar Association (ABA) Student Law Division to the ABA Commission on Sexual Orientation and Gender Identity (SOGI).
Johnson attended the commission's meeting during the ABA annual meeting in New York City in August.
Johnson is also serving as vice-chair for the ABA Section on International Law's new Sexual Orientation and Gender Identity Issues Network (GIN).
Locally, Johnson and Shaun Sperling, a 2L student at John Marshall, are chairing the Chicago OUTLaw Coalition through December 2008. They were selected from leaders representing lesbian, gay, bi-sexual and transgender groups at six area law schools.
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Student Activities
September 8
The Student Bar Association mentor program will meet at 5:30 p.m. in room 201.
The Law Enforcement Students Organization will meet at 5 p.m. in room 1101.
The John Marshall Law School Graduate Tax Society is meeting once again and will be electing new officers. This organization is open to all students interested in tax as well as those in the LL.M program. The meeting will be held at noon in room 216.
September 10
Dean Powers "Student Advisory Committee" will meet at noon in room 403.
September 11
The Student Bar Association sponsors "Student Organization Day" which is held every semester. All student organizations will be represented. This is an opportunity for students to inquire about the organization of their interest. A pasta dinner will be served at 4 p.m. in the Sargis-Miner Student Lounge.
September 12
Student Bar Association student representative elections
Important Dates To Remember:
September 11 - Student Organization Day
September 25 - Student/Alumni Exchange at The Union League Club
March 6 - Barrister's Ball at The Knickerbocker Hotel
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Negotiation Team Tryouts Tuesday
The John Marshall Law School Trial Advocacy and Dispute Resolution Honors Board will hold tryouts for the Negotiation Team on Tuesday, Sept. 9, from 10:30 a.m. to 4:30 p.m.
This team has distinguished itself over the last two years by placing second in the nation in 2007, and third in the nation in 2008 at the American Bar Association National Negotiation Competition out of an initial field of more than 200 teams. Team membership provides insights and experience in developing your negotiation skills.
Please sign up for a time slot in room 411, pick up a copy of the simulation problem and submit a copy of your resume.
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Annual Student/Alumni Exchange Scheduled
The John Marshall Law School Student Bar Association is hosting the Fifth Annual Student/Alumni Exchange from 5:30 to 7:30 p.m., Thursday, Sept. 25, at the Union League Club's Crystal Room.
The event is sponsored by the Office of Alumni Relations. John Marshall students can purchase tickets for $7 each from noon to 6 p.m., in the student lounge, Sept. 18 through 25.
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New Staff Join John Marshall
John Marshall has two new staff members manning the Help Desk.
 Mohammad Riaz received a B.S. in Management Information Systems from DePaul University. He has extensive experience with Apple computers and Apple networking. Before coming to John Marshall, he did computer work for ABN Amro. He and his wife live in Oak Brook.
Jeff Rothschild of Evanston received a B.S. with a major in Informatics and a minor of Entrepreneurial and Small Business Management from Indiana University (IU). After graduating from IU, he was a partner in a company that attempted to deliver live cable television via the Internet. For now, the initiative is on hold as the company awaits government licensure. On the Help Desk, Rothschild is using his skills with Microsoft Windows and its components.
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Faculty Activity and Publications
Visiting Professor Juli Campagna
Activities
She greeted guests from Illinois, Indiana and Wisconsin to the Midwest Association of Translators and Interpreters (MATI) Annual Convention on Sept. 6 at The John Marshall Law School. MATI is affiliated with the American Translators Association. Campagna is a former licensed translator and interpreter.
Publications
Her article, "Why Donated Monuments are Government Speech: the Hard Case of Pleasant Grove City v. Summum," recently was accepted for publication in the Catholic University Law Review. It builds on her empirical research and amicus curiae brief for the case, which will be heard by the U.S. Supreme Court this November. The article is available at www.ssrn.com/abstract=1261294.
Director, Center for International Law
Activities
He presented the paper "Corporate Social Responsibility, International Trade, and Human Rights" at the Oxford Round Table in August 2008. The Oxford Round Table is a "by invitation only" meeting at Oxford University. The 40 participants from five continents represented a wide range of academic backgrounds.
Activities
She spoke on September 23, 2008 to the Midwest members of the American College of Real Estate Lawyers on the topic of legal education in the 21st Century. She has also been asked to speak on methodologies for teaching family law at the annual meeting of the Association of American Law School's Section on Sexual Orientation and Gender Identity Issues on January 7, 2009.
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Schedule of Events
September 8
- Writing Resource Center IRAC LS I Workshop, Room 1102, noon
- Writing Resource Center Transitions Workshop, Room 1103, noon
- Faculty Assembly Meeting, Room 503, 12:15 p.m.
September 9
- Writing Resource Center IRAC LS I Workshop, Room 503, 4 p.m.
- Writing Resource Center Transitions Workshop, Room 503, 4 p.m.
September 10
- Online CLE Meeting, Room 1200 A & B
- Curriculum Review Committee, Room 1101, 12:15 p.m.
September 11,
- New Faculty Reception, Room 2East
September 13
- BEST (Bar Exam Savvy Test), Room 1103, 10 a.m.
- Insights I, Room 409, 1:30 p.m.
September 14
- BEST (Bar Exam Savvy Test), Room 1103, 10 a.m.
September 15
- Academic Affairs Committee, Room 1105, noon
- Center Director's Meeting, Room 1103, noon
- Legal Writing "Brown Bag" Lunch, room 522, noon
- Insights I, Room 409, noon
September 16
September 17
September 18
- Faculty Works-in-Progress Presentation - Corey Yung and Jason Kilborn, Room 3East, noon
September 20
- BAR BRI/JMLS Bar Exam Essay Program, Room 300, 10 a.m.
- Insights I, Room 409, 1:30 p.m.
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