Fifth Annual Finnegan Distinguished Lecture on Intellectual Property

 

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What the Federal Circuit Can Learn from the Supreme Court--and Vice Versa

Professor Rochelle Dreyfuss
NYU Law School Faculty Page
Speaking at WCL October 20, 2009

For over a quarter century, the Federal Circuit has been in the business of using its special expertise to revise key aspects of both procedural and substantive patent law.   In the court’s early years, the Supreme Court largely refrained from reviewing its jurisprudence.  However, in the last decade, the two tribunals have engaged in a vibrant dialogue.  In this presentation, Professor Dreyfuss will examine their interaction, asking questions about the role that specialists should be permitted to play in tailoring law to the needs of technologically complex and emerging industries, and the extent to which generalists can helpfully intervene to keep this law in the mainstream and attuned to other social values and related developments, such as open innovation.

Professor Rochelle C. Dreyfuss is the Pauline Newman Professor of Law at NYU School of Law and the Director of the Engelberg Center on Innovation Law and Policy. She holds B.A. and M.S. degrees in Chemistry and spent several years as a research chemist before entering Columbia University School of Law, where she served as Articles and Book Review Editor of the Law Review. After graduating, she was a law clerk to Chief Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and to Chief Justice Warren Burger of the U.S. Supreme Court. She is a member of the American Law Institute and served as a Reporter for its Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes. She also sits on the National Academy of Science's Committee on Science, Technology and Law, Secretary of the Department of Health & Human Service's Advisory Committee on Genetics, Health, and Society, and BNA's Advisory Board to USPQ.

Professor Dreyfuss was a consultant to the Federal Courts Study Committee, to the Presidential Commission on Catastrophic Nuclear Accidents, and to the Federal Trade Commission. She served on the National Academy of Sciences' Committees on Intellectual Property in Genomic and Protein Research and Innovation and on Intellectual Property Rights in the Knowledge-Based Economy. She is a past chair of the Intellectual Property Committee of the American Association of Law Schools. She has visited at The University of Chicago Law School, University of Washington School of Law, and Santa Clara University Law School. In addition to articles in her specialty areas, she has co-authored casebooks on civil procedure and intellectual property law.