Computer & High Tech Symposium Brochure

The 2013 Symposium

The Mobile

Revolution

The Mobile Revolution With reportedly six billion smartphones alone being used throughout the world, mobile devices are undeniably ubiquitous. Users consult them to find directions to the nearest coffee shop, get breaking news straight from the source, and video chat with friends half a world away.

Given the rising usage of such devices, their legal impact is being felt in broader realms as well. From the latest patent wars to personal privacy to the use of mobile devices to achieve social justice, mobile devices are catalyzing legal, business, and social change.

On behalf of Volume 29 of the Santa Clara Computer & High Technology Law Journal, we welcome you to our 2013 Symposium. We look forward to spending the day with you and engaging in meaningful discussion surrounding some of the most relevant legal topics of our generation.

Scott Shipman Keynote Speaker As Global Privacy leader, Scott is responsible for managing eBay Inc.’s global privacy team covering both data protection compliance as well as privacy business strategies concerning employee and consumer personal information within the context of global privacy laws.

Scott built eBay’s privacy practice from scratch over 14 years ago and has managed that practice group since then. Scott is eBay’s public figure for privacy and frequently meets with regulators and legislators both in D.C. and abroad on the need for connected and interoperable privacy legislation. Additionally, under Scott’s leadership eBay’s privacy team pioneered the “on ad” link that enables consumers to ‘opt-out’ of behavioral targeting – which eBay calls “AdChoice” and is patent pending technology.

Scott is active in the technology industry, serving on Santa Clara University’s High-tech law advisory board, Santa Clara’s Markkula School of Ethics advisory board, and serving as a Board Director for two Silicon Valley startups, Jake Knows, Inc. and Zuvo Water LLC.

Scott received his Juris Doctor from Santa Clara University, School of Law, ‘99 and his Bachelor of Arts, Environmental Science, from the University of Colorado, Boulder, Colorado, ‘94.

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The Mobile

Revolution Schedule

Registration 8:30 a.m.

Dean’s Welcome 9:00 a.m.

Panel One: The Evolution of Media Licensing 9:15 a.m.

TJ Angioletti, Karen Kramer, John Park, Riley Russell. Moderator: Allen Hammond

Panel Two: Transforming Lives with Tech 10:15 a.m.

Gina McCauley, Michael McGeary, Elizabeth Sweeny, Steve Wright. Moderator: Marina Hsieh

Break

Panel Three: Picking on Privacy 11:20 a.m.

Chris Conley, Jennifer M. Urban, Yana Welinder, Raffaele Zallone. Moderator: Dorothy Glancy

Lunch and Keynote Scott Shipman 12:20 p.m.

Panel Four: The Mobile Patent Wars 1:20 p.m.

Giovanna Barreiro, Thomas Cotter, Darren Donnelly, Tim Sparapani. Moderator: James Yoon

Closing Remarks 2:20 p.m.

© 2013 Santa Clara Computer & High Technology Law Journal

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The Mobile

Revolution Panel Topics

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The Mobile Patent Wars In 2012, the court system saw an influx in patent litigation related to mobile devices: from potentially anti-competitive standard-essential patent infringement claims, to design patents taking center stage in the litigation arena as consumer choices become more design and ergonomically focused. And as litigation ensues, companies are continuing the mobile patent “arms race” by acquiring patent portfolios at high price tags for future enforcement purposes. In light of acquisition and litigation, the biggest question that still remains is how these companies will show and calculate damages in order to recover a monetary award from the court.

The Evolution of Media Licensing Consumers have constant access to videos, photos, television, and music from their mobile devices. Not only are users consumers, but also content creators as mobile apps like Instagram become more prevalent. Companies are now faced with the balance of making content accessible while still providing boundaries on the sharing of copyrighted and trademarked content. In light of recent user backlash to changes in the terms of service on popular social networking sites, users are asking what will become of the user-generated content contributed via mobile devices.

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Picking on Privacy Mobile devices are now much more than just a communication tool. They serve as a wallet, a media player, a GPS, and much more. With greater efficiency comes greater risk for breach of privacy. Many legal teams take care in crafting terms of service regulating data use, only to have users quickly accept the terms in order to access their favorite mobile applications. Sharing photos, geolocation data, and personal information are all regular components of mobile device use, and as a result many users are unaware of the security, privacy, and potential civil liberty violations that can occur from this use. Transforming Lives with Tech Innovators are now finding ways to serve public interest and social justice legal issues with technology. For example, in January 2011, when Egypt shut down Internet access, citizens in the midst of a political crisis were able to provide updates via Twitter’s text to tweet technology. Today companies, politicians, and entrepreneurs are expanding the use of mobile technologies to close the digital divide and widen access to life-changing opportunities. This panel will discuss some of these new technologies slated to solve these social justice issues as well as the legal concerns surrounding the new technologies across borders.


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TJ Angioletti

T.J. Angioletti is Associate General Counsel, Technology & Transactions for Netflix, Inc. His responsibilities include technology licensing, management of Netflix’s intellectual property portfolio and support for the company’s business development and marketing efforts. Before Netflix, T.J. was Vice President, Chief IP Counsel for Oracle Corporation and he also worked for Apple Computer, Inc. and Pillsbury Madison & Sutro (now Pillsbury Winthrop). T.J. previously served on the Board of Directors for IPO (Intellectual Property Owners Association) and on the Advisory Board for the Stanford Program in Law, Science & Technology. He is a graduate of the University of Virginia School of Law and UCLA.

Karen Kramer

Karen M. Kramer has been practicing law for 17 years in the media and technology sectors. Her career has focused on the needs of startups and established businesses bringing information, entertainment, advertising, news, video, and other content to consumers or businesses. Most recently, as founding attorney at Zing Legal, she provides in-house style advice to media and technology companies on a variety of media, content, and mobile issues. Her clients include TiVo Inc., Yahoo (mobile), and Nest (Internet controlled smart thermostat).

She has served legal, executive roles at The Washington Post and TiVo Inc. While in in private practice at Baker & Hostetler, she worked with numerous Internet, startup, and media companies while serving as co-chair of the intellectual property group and a member of the firm's premiere First Amendment team. She graduated from Stanford Law School with Distinction.

John Park

Mr. Park's practice at Morgan Lewis focuses on corporate and securities laws, including private placements (including both debt and equity offerings), public securities offerings, recapitalizations and mergers and acquisitions. He also advises clients on inbound, outbound, and cross-border business transactions in the United States and Asia, with a particular emphasis on strategic investments, joint ventures, and mergers and acquisitions for major international investors and European, American and multinational companies. He has structured, negotiated, drafted, and implemented a wide range of international and U.S. business transactions, drawing upon his dealings with business formation, intellectual property protection, technology licensing, and environmental, corporate governance, executive compensation, labor and employment, and international tax law.

Prior to joining Morgan Lewis, Mr. Park was with Brobeck, Phleger & Harrison LLP in Palo Alto. Mr. Park received his J.D. from the University of Virginia in 1997. He earned his M.P.P. from the Kennedy School of Government at Harvard University in 1993, and his B.A. from Williams College in 1991.

The Evolution of Media Licensing

Riley Russell

Russell brings more than 14 years of direct experience working in the games and interactive entertainment industry. As head of third party relations and developer support, Russell is responsible for cultivating relationships and maintaining and growing content alliances with developers and publishers, as well as managing licensee relations and overall strategic product planning in support of all PlayStation platforms in North America, including the upcoming, much-anticipated PlayStation®3 (PS3™). Prior to joining the company, Russell held the positions of corporate counselor and director of business affairs for Sega of America. His diverse career experience also includes: videogames, television and theatrical production, patent and copyright litigation, technical asset licensing, and trial law. Russell received his Bachelor of Arts degree in political science from the University of California at Berkeley, his master's degree in economics from the University of California at Davis and his juris doctorate from the University of Santa Clara in California.


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Elizabeth Sweeny

Elizabeth Sweeny is a Bay Area native, and a recent Santa Clara University graduate. Elizabeth majored in business management, with a minor in political science that emphasized Middle Eastern foreign policy. As both a student and a professional, Elizabeth’s passions have led her to focus on sustainability and social improvement causes. Working with Silicon Valley environmental non-profits, a green technology mechanical engineering start-up firm, and volunteering with pediatric hospital patients have all strengthened her intense desire to delve into broad projects that yield significant social benefit.

Now working as Program Manager of the Frugal Innovation Lab with the School of Engineering, Elizabeth is responsible for ensuring the technologies and solutions being developed in the lab are appropriate, accessible, and affordable for emerging marketplaces.

Gina McCauley

Gina McCauley's digital footprint is both large and consequential: She founded Blogging While Brown, the first international conference for bloggers of color was named one of Essence magazine's 25 Most Influential African Americans for her work as founder/publisher of What About Our Daughters.

Her blog readers have successfully lobbied large advertisers to pull their ads from content that demeans and degrades black women and girls, and her blogs have provided platforms from which she has highlighted under-reported cases of violence against black women. Her vision and efficacy has rightly earned her the descriptor "the dean of black bloggers."

Michael McGeary

Michael McGeary is the co-founder and Chief Political Strategist of Engine Advocacy, a working group of people in the entrepreneurial sector, based in San Francisco, working to connect those leaders with government to effect change on issues important to high-growth entrepreneurial technology businesses.

Michael also serves as a Strategist with Hattery Labs, a San Francisco-based seed-stage venture fund and creative consultancy, working on high-level social and brand strategy. Previously, he worked with Silicon Valley startup TuneIn as their social brand ambassador, as well as stints with two Presidential campaigns, and work with a leading California law firm specializing in political compliance and disclosure.

A Gloucester, Massachusetts native, he holds a bachelor's degree in political science from Tufts University, and resides with his wife, Sarah, in San Francisco.

Transforming Lives with Tech

Steve Wright

Steve Wright has worked over 15 years at the intersection of technology and education. At Grameen Foundation, Steve directs the Social Performance Management Center, which provides tools and resources on social performance – specifically the Progress Out of Poverty Index® (PPI®). Before joining Grameen Foundation in August 2010, Steve was a high school teacher and administrator for ten years, followed by ten years as the Director of Innovation and Technology at Salesforce.com Foundation. His foundation work with social investors and social enterprises established him as a thought leader in the social metrics space. Steve is a contributing author of the practical handbook “Nonprofit Management 101,” and is a frequent speaker and blogger on social enterprise, social investment, and social sector governance.


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Chris Conley, Esq.

Chris Conley is the Technology and Civil Liberties Fellow at the ACLU of Northern California, where his work focuses on the intersection of privacy, free speech, and emerging technology. As a lawyer and technologist, he has worked extensively on the connection between consumer products and individual rights, particularly concerns about third party "apps" that have access to social network or mobile device data without adequate controls or transparency. He has presented on technology and civil liberties issues before the Federal Trade Commission and at various conferences including SXSW Interactive and DEF CON, and has developed his own Facebook and mobile apps giving users greater transparency into the types and amount of personal data these apps can access. Prior to joining the ACLU, Chris was a Fellow with the Berkman Center for Internet & Society at Harvard University, where his research explored international Internet surveillance. He has previously worked as a software engineer and data architect for various corporations and non-profits. Chris holds a B.S.E. in Electrical Engineering from The University of Michigan, a S.M. in Computer Science from the Massachusetts Institute of Technology, and a J.D. from Harvard Law School.

Professor Jennifer M. Urban

Jennifer M. Urban is an Assistant Clinical Professor of Law and Director of the Samuelson Law, Technology & Public Policy Clinic at the UC Berkeley School of Law. Her research considers how free expression, innovation, and privacy are mediated by technology, laws that govern technology, and private ordering systems. Her clinic students represent clients in numerous public interest cases at the intersection of societal interests--including civil liberties, technological change, and creative expression. Recent projects include work on individual privacy rights, copyright, open source licensing, the “smart” electricity grid, biometrics, and defensive patent licensing. Professor Urban founded the University of Southern California’s Gould School of Law and directed the USC Intellectual Property & Technology Law Clinic prior to joining UC Berkeley School of Law. Prior to joining the USC faculty in 2004, she was the Samuelson Clinic’s first fellow. Prior to that, she was an attorney with the Venture Law Group in Silicon Valley. She graduated from Cornell University with a B.A. in biological science (concentration in neurobiology and behavior) and from Berkeley Law with a J.D. (intellectual property certificate). She was an Annual Review of Law and Technology editor at Berkeley Law, and received the Berkeley Center for Law and Technology Distinguished Alumni Award in 2003.

Professor Yana Welinder

Yana Welinder is a Visiting Assistant Professor at California Western School of Law and a Junior Affiliate Scholar at the Center for Internet and Society at Stanford Law School. She teaches E-Commerce Law and Information Privacy Law and her research focuses on Internet law, privacy, face recognition technology, and human-computer interaction. Before joining California Western, she served as a Google Policy Fellow at the Electronic Frontier Foundation and completed a Summer Academic Fellowship at Harvard Law School. She holds an LL.M. from Harvard Law School, a J.D. from University of Southern California, and an LL.B. from the London School of Economics and Political Science

Picking on Privacy

Raffaele Zallone

Raffaele Zallone is the founding and managing partner of Studio Legale Zallone, a highly specialized firm in the IT business based in Milano. Mr. Zallone is professor of IT Law at the Bocconi University in Milano and Chairman of the ITC Committee of the European Lawyers Association (UAE). He is the author of several books on IT contracts, privacy, and Internet law.

Mr. Zallone and his firm focus on intellectual property issues, e-commerce, and data privacy matters. He also was a member of the panel group of the Italian Federation of Employers (Confindustria) who contributed to the early proposals for Data Protection Law in Italy. Mr. Zallone advises clients on the implications of data protection in the workplace.


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Giovanna Barreiro

Giovanna is a technical and business savvy executive with over 15 years of experience in systems development, business analysis and evaluation of technology for commercialization. Her extensive Intellectual Property portfolio management experience includes asset mining and identification, portfolio analysis, valuation, strategy and licensing. Giovanna has experience dealing with portfolios in a variety of technology areas covering different types of IP such as patents, software and business processes. Giovanna holds two Engineering degrees in Computer Science and Industrial Engineering and an MBA from Bryant University in Rhode Island.

Professor Thomas F. Cotter

Thomas F. Cotter is the Briggs and Morgan Professor of Law at the University of Minnesota Law School. His principal teaching and research interests are in the fields of intellectual property law, antitrust, and law and economics.

He has authored or coauthored over forty scholarly papers and three books, including Intellectual Property: Economic and Legal Dimensions of Rights and Remedies (Cambridge University Press 2005) (coauthored with Roger D. Blair), and Comparative Patent Remedies: A Legal and Economic Analysis (Oxford University Press, forthcoming). He is currently focusing on issues related to remedies in mobile patent device cases.

Darren Donnelly

Mr. Donnelly is a partner at Fenwick and West LLP. His practice focuses on patent and other intellectual property litigation and counseling with emphasis in data management, technical computing, telecommunications, and Internet technologies.

In addition to preparing and prosecuting patent applications in the U.S. and abroad, Mr. Donnelly has counseled companies on patent portfolio development and management, patent licensing strategies and patent enforcement strategies. Mr. Donnelly served as trial counsel for Informatica in Informatica Corp. v. Business Objects, winning a $25 million jury award in its patent suit against Business Objects. Mr. Donnelly also represented Cryptography Research, Inc. (“CRI”) in Cryptography Research v. VISA, a watershed case where CRI asserted eight fundamental patents covering differential power analysis countermeasure against Visa International.

Mr. Donnelly represented Netflix in Lycos v. Netflix et al. where, after transferring the case from a “rocket docket” to a more favorable venue, he convinced the court to stage the case to allow accelerated — and ultimately successful — summary judgment of non-infringement with minimal discovery. Mr. Donnelly has subsequently represented Netflix in other several other matters all to favorable resolution.

The Mobile Patent Wars

Tim Sparapani Tim is an expert in privacy, technology and constitutional law and was most recently the first Director of Public Policy at Facebook. Tim was responsible for developing and implementing the company’s interaction with the federal, state, local and international governments and with policy makers. He managed these roles as the company grew from 150 million to more than 800 million users and from 400 employees to more than 3,000. Prior to joining Facebook, Tim was senior legislative counsel at the American Civil Liberties Union, where he helped advance the constitutional principle of the right to privacy, representing the ACLU before Congress, the Executive Branch and before the media. Tim also served as an associate at the law firm of Dickstein Shapiro where he helped clients navigate interconnecting constitutional, statutory, political and policy challenges. Tim holds a B.A. with honors from Georgetown University and a J.D. from the law school at the University of Michigan.


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Computer & High Tech Law Journal

The Mobile

Revolution

About Us The Santa Clara Computer & High Technology Law Journal is an independent scholarly legal publication founded in 1984 by the students of Santa Clara University School of Law. For over twenty-five years, the Journal has achieved national and international circulation and recognition as a leading forum for multidisciplinary discourse on emerging issues at the juncture of technology, the law, and public policy. The Journal’s subscribers include leading law libraries, law firms, and corporations worldwide. A significant number of federal courts and state supreme courts are also regular subscribers to the Journal, including the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit.

The Journal’s publications have made noteworthy contributions to the resolution of significant intellectual property law decisions. For instance, two Journal articles received mention in the landmark Festo and Bilski decisions by the U.S. Court of Appeals for the Federal Circuit in 2000 and 2008, respectively (234 F.3d 558, 574, 623 & 545 F.3d 943, 1001). In fact, Journal articles have been cited by a significant portion of high state courts and federal courts in important decisions at the core of law and technology. Based on a 2009 study conducted by Washington & Lee University School of Law, the Journal was ranked among the top three most frequently cited legal publications in its coverage area by scholarly articles and among the top six most frequently cited legal publications in its coverage area by both state and federal courts.

Our Sponsors We are able to host our annual symposium as a result of the generous sponsorship and donations from local firms, companies, and alumni. For donation inquiries or to learn more about our publication advertising packages for our print journal that reaches our subscribers please contact [email protected].

We want to thank you for your continued support, and want to give special thanks to this year’s sponsors:

Documents

Computer & High Tech Symposium Brochure