Andrew Beckerman-Rodau

Emeritus Professor of Law

Articles

Patent Eligible Subject Matter: Protecting the Public Domain, 72 Baylor L. Rev. 233 (2020).

The Interaction of Patent Exhaustion and Transactions in Patented Goods After Impression Products v. Lexmark International, 22 SMU Science & Tech. L. Rev. 3 (2019).

Design Patent Evolution: From Obscurity to Center Stage, 32 Santa Clara High Tech. L. J. 53 (2015). Article selected for reprinting in the Intellectual Property Law Review, 49 Intellectual Property L. Rev. 185 (2017) (Thomson Reuters).

What Should be Patentable? A Proposal for Determining the Existence of Statutory Subject Matter Under 35 U.S.C. Section 101, 13 Wake Forest J. of Bus. & IP Law 145 (2013).

What Should be Patentable? essay posted on IPWATCHDOG (June/27/2013)

The Associated Press Continues its Fight Against News Aggregators, essay posted on IPWATCHDOG (March/20/2012)

Toward a Limited Right of Publicity: An Argument for the Convergence of the Right of Publicity, Unfair Competition & Trademark Law, 23 Fordham Intellectual Property, Media & Entertainment Law Journal 132 (2012). Article selected for reprinting in the 2013 edition of the Entertainment, Publishing and the Arts Handbook, published annually by Thomson Reuters (West).

Ideas and the Public Domain: Revisiting INS v. AP in the Internet Age, 1 NYU J. Intell. Prop. & Ent. Law 1 (2011).

The Expansion of Overlapping Intellectual Property Rights, essay posted on IPWATCHDOG (Feb/22/2011)

Salinger v. Colting: Second Circuit Vacates Preliminary Injunction Citing eBay v. MercExchange, essay posted on IPWATCHDOG (May/2/2010) [Second Circuit decision]

The Right of Publicity: A Doctrine Gone Wild?, essay posted on IPWATCHDOG (March/11/2010)

The Problem with Intellectual Property Rights: Subject Matter Expansion, 13 Yale J.L. & Tech. 35 (2010). Article selected for reprinting in the 2011 issue of the Intellectual Property Law Review (Thomson West).

Patents Are Property: A Fundamental But Important Concept, 4 J. of Bus. & Tech. Law 87 (2009). Cited in Mezzalingua Associates, Inc. v. ITC, 660 F.3d 1322 (Fed. Cir. 2011).

The Supreme Court Engages in Judicial Activism in Interpreting the Patent Law in eBay, Inc. v. MercExchange, L.L.C., 10 Tulane J. Tech. & Intell. Prop. 165 (2007). Cited in AIPLA amicus brief filed with the Court of Appeals for the Federal Circuit in In Re Bilski. Article selected for reprinting in the 2008 issue of the Intellectual Property Law Review (Thomson West).

The Aftermath of eBay v. MercExchange, 126 S. Ct. 1837 (2006): A Review of Subsequent Judicial Decisions, 89 J. Pat. & Trademark Off. Soc'y 631 (2007).

MGM V. GROKSTER: Judicial Activism or a Good Decision?, 74 UMKC Law Rev. 921 (2006). Article reprinted in Cyberspace and Copyrights (Amicus Books 2008).

The Novice's Guide to Teaching with Technology, The Law Teacher (Vol. 13, No. 2, Spring/2006) at 3.

Dealing With Digital Data in the Practice of Law: Do You Know Where Your Data Is?, Journal of Internet Law (Vol. 9, No. 10, April/2006) at 3.

Resolving Uncertainty in Biotechnology Patent Law, 6 J. HIGH TECH. L. 1 (2006) (with Michael Rustad).

Business Law: Technology - A New Ethical Risk, MA Bar Association Section Review (Vol. 7, No. 3, 2005) at 3.

Ethical Risks From the Use of Technology, 31 Rutgers Computer & Technology L.J. 1 (2004).

The Choice Between Patent Protection and Trade Secret Protection: A Legal and Business Decision, 84 J. Pat. & Trademark Off. Soc'y 371 (2002). Cited in GE Medical Systems v. Ziarati, 2002 WL 1837958 (9th Cir. 2002). Article selected for reprinting in the Intellectual Property Law Review, 35 Intellectual Property L. Rev. 559 (2003)(Thomson West)

Trade Secrets -- The New Risks to Trade Secrets Posed by Computerization, 28 Rutgers Computer & Technology L.J. 227 (2002).

Patent Law -- Balancing Profit Maximization and Public Access to Technology, 4 Columbia Sci. & Tech. L. Rev. 1 (2002).

Prior Restraints and Intellectual Property: The Clash between Intellectual Property and the First Amendment from an Economic Perspective, 12 Fordham Intell. Prop. Media & Ent. L.J. 1 (2001), cited in DVD Copy Control Association, Inc. v. Bunner, 31 Cal. 4th 864 (CA.Sup.Ct.2003). Article selected for reprinting in the First Amendment Law Handbook (2003-2004 ed.) (Thomson West).

It's simple: theft of music is wrong, The National Law Journal (October 9, 2000).

Copyright Issues for Online Design, AIArchitect Magazine (February/99).

A Jurisprudential Approach to Common Law Legal Analysis, 52 Rutgers L. Rev. 269 (1999).

Are Ideas Within the Traditional Definition of Property?: A Jurisprudential Analysis, 47 Arkansas L. Rev. 603 (1994), cited in Alevizos v. John D. & Catherine T. MacArthur Foundation, 764 So.2d 8 (Florida Ct. of App. (1999)).

Briefing results in better learning, an essay published in The Law Teacher (Gonzaga University Institute for Law School Teaching (Spring/1998)).

Spring Break in Kiev, Western New England College School of Law, Alumni Magazine (Summer/96).

An American Jew Visits Kiev, Toledo Jewish News (Winter/96).

Law Teaching: A Plug for the Traditional Approach, an essay published in The Law Teacher (Gonzaga University Institute for Law School Teaching (1994)).

The Beckerman-Rodau Method: A New Approach to Teaching Law, 41 J. Legal Educ. 299 (1991).

The Impact of Technology on Intellectual Property Law, WRIT, (Ohio N. Univ. Law Alumni Association, College of Law, Ada, Ohio), Winter 1990-91, at 12.

Incorporation Not Always a Plus for the Closely Held Company, The National Law Journal, June 18, 1990, at 32.

Selecting a Business Entity for a Small Business: Non-tax Considerations, 93 Dick L. Rev. 519 (1989).

Computer Software Contracts: A Review of the Caselaw, 21 Akron L. Rev. 45 (l987), cited in the Kentucky Revised Statutes Annotated (Baldwin) and the Ohio Revised Code Annotated (Baldwin). Article reprinted in 2 Software L.J. 77 (1987) (Software L.J. subsequently merged into The John Marshall Journal of Computer & Information Law).

Commercial Law – The Extension of UCC's Article 2 to Hybrid Software Transactions, The National Law Journal, June 22, 1987, at 23.

Computer Software: Does Article 2 of the Uniform Commercial Code Apply?, 35 Emory L.J. 853 (1986), cited by: Youngtech, Inc. v. Beijing Book Co., Inc., 2006 WL 3903976 (N.J. Superior Ct., App. Div. 2006); NMP Corp. v. Parametric Tech. Corp., 958 F. Supp. 1536 (N.D. Oklahoma 1997); Architectronics, Inc. v. Control Systems, 935 F. Supp. 425 (SDNY 1996); SSE International Corp. v. Iron & Glass Bank, 30 UCCR Serv. 2d (Callaghan) 347 (W.D.PA. 1996); Colonial Life Ins. v. EDS, 817 F. Supp. 235 (D.N.H. 1993); Advent Systems Ltd. v. Unisys Corp., 925 F.2d 670 (3rd Cir. 1991).

Protection of Intellectual Property - Patent, Copyright, and Trade Secret Law in the United States and Abroad, 10 N. C. J. Int'l. L. & Com. Reg. 537 (1985).

Protecting Computer Software: After Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240 (3d Cir. 1983), Does Copyright Provide the Best Protection?, 57 Temp. L.Q. 527 (1984), cited in U.S.C.A. Article selected for reprinting in the Intellectual Property Law Review, 18 Intellectual Property L. Rev. 413 (1986) (West).

Expanding Damages in Wrongful Birth Tort Actions, 2 W. New Eng. L. Rev. 833 (1980).

Books

A Concise Guide to the Nuts and Bolts of Estates and Future Interests, Carolina Academic Press (Second Edition 2010).

An Unhurried View of Copyright, Republished (And With Contributions From Friends) by Benjamin Kaplan (LexisNexis Matthew Bender 2005) (Co-editors Andrew Beckerman-Rodau, Michael Rustad, Jerry Cohen, Iris Geik & Henry Horbaczewski)

A Concise Guide to the Nuts and Bolts of Estates and Future Interests, Carolina Academic Press (2004).

Business Organizations: Cases and Materials on Partnerships, Limited Liability Companies & Corporations, LUPUS PUB. LTD. 1998.

Teacher's Manual for Business Associations: Cases and Materials on Agency, Partnership & the Legal Problems of Business Enterprises, (2d. ed. 1995), LUPUS PUB. LTD. 1995.

Business Associations: Cases and Materials on Agency, Partnership & the Legal Problems of Business Enterprises, LUPUS PUB. LTD., Supplement. 1992.

Business Associations: Cases and Materials on Agency, Partnership & the Legal Problems of Business Enterprises, LUPUS PUB. LTD. 1991.

Presentations

The University of Maryland School of Law - J. of Bus. & Tech. Law Symposium entitled The New Private Ordering of IP: The Emergence of Contracts as the Drivers of IP Rights - published transcripts of session one (eBay v. MercExchange & Quanta Computer v. LG Eectronics - Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence Sung & Thomas Woolston) and session two (MedImmune v. Genetech - Kelly Casey, Gregory Castanias & Franklin Gibbs).

Keynote lunch presentation at the New England Consortium of Legal Writing Teachers conference at Suffolk University Law School entitled "The pedagogy of teaching through technology", December/1/2008

Presentation entitled "Teaching with Blackboard" as part of the Suffolk University Center for Teaching Excellence new faculty orientation, Aug/27/08

What is Intellectual Property - a podcast presentation

Invited to present a lecture entitled "The Attack on Intellectual Property Law - Is it Justified?" as part of the Clason Lecture Series at Western New England College School of Law, September/2007

Presentation at the annual CALI Conference entitled "A Faculty Member's Perspective on the Use of Technology in Legal Education - Is it Time to Pull the Plug on Technology Investment?", June/2007

Presenter, Suffolk University, Center for Teaching Excellence program on academic plagiarism

Presentation, Suffolk University, Center for Teaching Excellence presentation entitled "The Use & Abuse of Power Points in Teaching"

Presenter, NYC Bar Association & Suffolk University Law School jointly sponsored program on ethical issues raised by use of digital data in the practice of law

Presenter, AALS annual conference, Section on Teaching Methods program entitled "The How Tos & Whys: Exploring the Consequences of our Pedagogical Choices"

Presenter, AALS annual conference, Section on CLE program entitled "Writing for Credit - Converting CLE Materials into Published Works & Vice Versa"

Chair/presenter, Suffolk Law School Advanced Legal Studies program entitled "IP 101"

Presenter, CALI conference presentation entitled "Teaching with technology"

Presenter, Gonzaga Law School Institute for Law School Teaching conference on law school teaching methodology

Chair/Moderator, Suffolk Law School Advanced Legal Studies Patent Law program on Nanotechnology

Invited speaker at ABA Legal Education Section program entitled "Pedagogy to Practice: Maximizing Legal Education with Technology" at Rutgers-Newark Law School

An Introduction to Copyright Law presented to the Association of Boston Law Librarians

Chair/presenter, Suffolk Law School Advanced Legal Studies program entitled "Intellectual Property Primer"

Discussion leader for Young President's Organization program at Suffolk Law School - "Should organ selling be legal?"

An Introduction to Copyright Law for Academics presented as part of a faculty development program devoted to the use of technology in teaching

Presentation on U.S. property law to Suffolk Law School foreign LLM students

Faculty colloquium presentation at Suffolk Law School on the "Risks of Using Technology"

Moderator, Suffolk Law School Advanced Legal Studies program entitled "Forecasting the Future of Copyright"

Moderator, Suffolk Law School Intellectual Property Concentration annual symposium entitled "Sophisticated Licensing Issues"

Chair/presenter, Suffolk Law School Intellectual Property Concentration annual symposium entitled "Trade Secrets Law" featuring Roger Milgrim

Speaker, Perkins, Elmer & Cohen, LLP program on training IP attorneys for the modern legal environment - presentation on choosing between patent & trade secrets protection

An Introduction to Intellectual Property Law presented at Northeastern University Law School

Speaker, Suffolk Law School Alumni program on careers in Intellectual Property law

Chair/presenter, Suffolk Law School Advanced Legal Studies program on copyright law featuring Professor Paul Goldstein

Speaker, Digital Automation Annual Conference for software/hardware engineers - presentation & panel discussion on patent law

Participant, Suffolk Law School Faculty Symposium on Technology and Teaching - panel discussion on the use of technology in teaching

Presentation, "Use of the First Amendment to Attack Trade Secrets and other Intellectual Property" to the AIPLA Trade Secret Committee at the annual AIPLA conference

Faculty colloquium presentation at Suffolk Law School on the Interaction of the First Amendment and Intellectual Property Rights

Chair/moderator, Suffolk Law School Intellectual Property Concentration annual symposium entitled "Resolving Patent Disputes"

Presentation on Patent law to the Suffolk Law School Student Intellectual Property Law Association

Faculty colloquium presentation at Suffolk Law School on Copyright & the Internet

Presentation, Ohio Northern University, "Careers in Intellectual Property Law for current and prospective law students"

Presentation, Ohio Northern University, American Society of Civil Engineers Student Chapter, "The Interrelationship between Law and Technology"

Presentation, Ohio Northern University College of Law School, Faculty Development Committee, "Creating and evaluating law school examinations"

Participant, Panel discussion on ADR sponsored jointly by the ABA and Ohio Northern University College of Law

Participant, Panel discussion on being an associate in a firm sponsored by the Ohio Northern University College of Law Placement Office

Presented Ohio Northern University Placement Office program to law students entitled "How to Hustle for a Law Job"

Present annual legal ethics presentation to incoming law class as part of Ohio Northern University College of Law first year law student orientation program

Prepared materials for and presented a four day program in Kiev, Ukraine on Patent, Trade Secret and Trademark law. The program was presented to judges of the Ukrainian Higher Arbitration Court. It was sponsored jointly by the Ohio Supreme Court and the Ukrainian Supreme Court in conjunction with USAID in Kiev.

Presentor, Hancock County Law Library Association, Findlay, Ohio, program entitled "Selecting a business association"

An Introduction to Copyright Law for Academics presented at Ohio Northern University

Speech, delivered November 8, 1995 during the Ohio Northern University Weekly Chapel Service following the assassination of Israeli Prime Minister Yitzhak Rabin