Panel Session

3:00 pm to 4:00 pm

"Protecting Software as Intellectual Property: The Many Faces of Software Patents"

Richard N. Taylor, ISR Director, Moderator


Given the ever-changing landscape on software-focused patents and the complexities of alternative strategies, what should a budding software inventor do? Pursue patents on their innovations? Something else? The panel will begin with a statement by each panelist addressing this concern, then discussion will open up from there.


Dan L. Burk, Chancellor's Professor of Law, School of Law, UC Irvine

Professor Burk is an internationally prominent authority on legal and social issues related to high technology, whose research encompasses the areas of patent, copyright, electronic commerce, and biotechnology law. Some of his most recent work has considered the statutory “policy levers” used by courts to apply patent incentives to industries with diverse innovation profiles, as well as the effect of intellectual property rights on the structure of firms and of industries.

Allan Z. Litovsky, Litigator & IP Attorney, Partner, Stradling Yocca Carlson & Rauth

Allan Z. Litovsky is a shareholder in Stradling’s litigation practice. Mr. Litovsky is experienced in both jury and bench trials and handles high-stakes cases in federal and state courts around the country, as well as before the U.S. International Trade Commission. He is also experienced in handling disputes under various arbitration regimes, including the AAA, JAMS and ICC, both in domestic and international venues.

Mr. Litovsky has handled a large number of disputes for businesses ranging from startups to international corporations, including patent infringement, trade secret misappropriation, trademark infringement, license disputes, unfair competition and breach of contract matters. In addition to his litigation practice, as a registered patent lawyer, Mr. Litovsky counsels clients in the areas of patents, trade secrets, trademarks, and copyrights, as well as computer and Internet law. In addition to his litigation and counseling practices, Mr. Litovsky assists clients with technology-related transactions, including joint venture agreements, research agreements, as well as licensing and outsourcing arrangements.

While Mr. Litovsky's core technical experience is in the field of electrical engineering, he has handled matters in a wide range of technologies and industries, including telecommunications, semiconductors, manufacturing, pharmaceuticals and biotechnology, oil and gas, edical device, automotive and avionics, consumer electronics, and financial services.

Mr. Litovsky received his J.D. from the Sandra Day O'Connor College of Law at Arizona State University, where he was an editor of Jurimetrics: The Journal of Law, Science, and Technology and a fellow at the Center for the Study of Law, Science and Technology.


Nenad Medvidović is a Professor and Associate Chair for Ph.D. Affairs in the Computer Science Department at the University of Southern California. Between 2009 and 2013 Medvidović served as Director of the USC Center for Systems and Software Engineering (CSSE). Medvidović is the current Chair of the Steering Committee for the International Conference on Software Engineering (ICSE) and was the Program Co-Chair of ICSE 2011. Medvidović received his Ph.D. in 1999 from the Department of Information and Computer Science at UC Irvine. He is a recipient of the National Science Foundation CAREER (2000) award, the Okawa Foundation Research Grant (2005), the IBM Real-Time Innovation Award (2007), and the USC Mellon Mentoring Award (2010). He is a co-author of the ICSE 1998 paper titled "Architecture-Based Runtime Software Evolution", which was recognized as that conference's Most Influential Paper. His paper "A Classification and Comparison Framework for Software Architecture Description Languages". Medvidović's work focuses on software architecture modeling and analysis; middleware facilities for architectural implementation; domain-specific architectures; architectural styles; and architecture-level support for software development in highly distributed, mobile, resource constrained, and embedded computing environments. He is a co-author of a textbook on software architectures. Medvidović is a member of ACM and ACM SIGSOFT, and a senior member of IEEE. He has served as an expert witness on several class action, trade secret, and patent infringement cases before the U.S. district courts and the International Trade Commission.

Pamela Samuelson, Professor of Law and Professor of School Information Co-Director, Berkeley Center for Law & Technology, UC Berkeley

Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley. She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy. Since 1996, she has held a joint appointment at Berkeley Law School and UC Berkeley's School of Information. Samuelson is a director of the internationally-renowned Berkeley Center for Law & Technology. She serves on the board of directors of the Electronic Frontier Foundation and the Electronic Privacy Information Center, as well as on the advisory boards for the Center for Democracy & Technology, Public Knowledge, and the Berkeley Center for New Media.

Samuelson began her legal career as an associate with Willkie Farr & Gallagher in New York. She began her career as a legal academic at the University of Pittsburgh School of Law, from which she visited at Columbia, Cornell, and Emory Law Schools. While on the Berkeley faculty, she has been a distinguished visiting professor at University of Toronto Law School as well as a visiting professor at the University of Melbourne and Harvard Law Schools. She was named an honorary professor at the University of Amsterdam in 2002.

Samuelson has written and published extensively in the areas of copyright, software protection and cyberlaw. Since 1990, Samuelson has been a contributing editor of Communications of the ACM, a computing professionals journal respected for its coverage of existing and emerging technologies, for which she has written more than sixty "Legally Speaking" columns. From 1997 through 2002, Samuelson was a fellow of the John D. & Catherine T. MacArthur Foundation. She is also a Fellow of the Association of Computing Machinery. The Anita Borg Institute honored Samuelson with its Women of Vision Award for Social Impact in 2005, and the public interest organization Public Knowledge awarded her its IP3 Award for her contributions to Internet law and policy in October 2010.