Dr. Bitton Miriam

Dr.
Telephone: 
03-5317073
Office: 
Room 104, New wing
Reception hours: 
Meetings should be coordinated in advance

Research

Research interests: 

Intellectual Property Law, Law & Technology, Law & Economics of Intellectual Property, Property.

Publications

HEBREW

BOOKS

1. Israeli Patent Law ( in progress).

FOREIGN LANGUAGES

BOOKS

1.      Intellectual Property Law: Interdisciplinary Analysis, Co-Editor, Book in progress (with Lior Zemer) (forthcoming 2012).

BOOK CHAPTERS

  1. Feist, Facts and Functions: Historical Perspective, in "Intellectual Property Protection of Fact-Based Works: Copyright and Its Alternatives" (Robert Brauneis Editor) (2008).

ARTICLES

  1. Is Information Patentable?: A Framework for Evaluating Informational Inventions (in progress).
  2. Let the Public Speak – Public Domain as Default (in progress).
  3.  Public Sector Information in the U.S., Europe and Israel – Report for the European Union (forthcoming 2011).
  4.  Protection for Informational Works After Feist Publications Inc. v. Rural Telephone Service (in progress) (forthcoming Fordham Journal of Intellectual Property Law) (2011).
  5. The European Union Integration Efforts in the Copyright Law Field: The Database Directive as a Case Study, 23 Berkeley Technology Law Journal 1411(2008).
  6. Trends in Protection for Informational Works Under Copyright Law During the 19th and 20th Centuries, 13 Michigan Telecommunication & Technology Law Review 115 (2007).
  7. Grokking Grokster: Has the Supreme Court Changed Inducement under Patent Law?, 34 AIPLA Quarterly Journal 265 (2006) (with Gary N. Frischling).
  8. A New Outlook on the Economic Dimension of the Database Protection Debate, 47 IDEA: The Intellectual Property Law Review 93 (2006).
  9. Modernizing Copyright Law (forthcoming, Texas Intellectual Property Law Journal, 2011)
  10. Implementing the Public Sector Information Directive (forthcoming, European Intellectual Property Review, 2011)
  11. Rethinking the Anti-Counterfeiting Trade Agreement Criminal Copyright Measures (forthcoming 2011)

Work in progress

Is Information Patentable?: A Framework for Evaluating Informational Inventions (in progress)
Commercializing Public Sector Information (in progress)
Book Chapter: Criminal Enforcement of IP (in progress; in Hebrew)
Book Chapter: IP and Consumer Protection (in progress; in Hebrew)
Database Protection in Israel (in progress; in Hebrew)
Israeli Patent Law (Book in progress; in Hebrew

Intellectual Property Law: Interdisciplinary Analysis, Co-Editor, Book in progress (with Lior Zemer) (forthcoming 2012; in Hebrew)

Resume

CV 

 

EDUCATION

University of California, Boalt Hall School of Law, Berkeley Center for Law and Technology Berkeley, CA
Microsoft Research Fellow (2007)
• Researched and drafted working papers in patent law.
• Organized BCLT's March 2008 Symposium on "IP & Entrepreneurship."

George Washington University Law School Washington, DC
Visiting Fellow (2003-2004)

University of Michigan Law School Ann Arbor, MI
Doctor of the Science of Law (S.J.D.) (2001-2005)
Masters of Law (LL.M.) (2000-2001)
• Dissertation: "Much Ado About Nothing? A New Outlook on the Historical, Economic, and International Dimensions of the Database Protection Debate."
• Honors and Awards: Fulbright Scholar; Law School Tuition Fellow; Margaret Dow Towsley Scholar; John M. Olin Fellow in Law and Economics; Barbour Scholar; ISEF Scholar (Israel)

Bar-Ilan University Ramat-Gan, Israel
Masters of Law (LL.M.), magna cum laude (1999-2000)
Bachelor of Laws (L.L.B.), magna cum laude (1995-1999)
• Honors and Awards: Honors Program; Vice-Editor-in-Chief, Bar-Ilan University Law Review; Israeli Bar Association Prize for Excellence in Legal Studies and Social and Legal Activities; Wolf Foundation Prize for Excellence in Academic Studies; Raymond Paul Prize (1998) (awarded annually to one student for outstanding achievements); Jonathan Shor Legal Aid Program Prize; Teaching and Research Assistant in Property Law, Tort Law, and Legal Jurisprudence; Director of a Tutoring Project for First Year Law Students


EXPERIENCE

University of Miami School of Law Coral Gables, FL Fall 2011
Visiting Assistant Professor of Law
• Teaching Patent Law; IP Theory.

The Ohio State University Moritz College of Law Columbus, OH Winter 2011
Visiting Assistant Professor of Law
• Teaching Patent Law and International Intellectual Property Seminar.

University of Miami School of Law Coral Gables, FL Fall 2010
Visiting Assistant Professor of Law
• Teaching Patent Law.

Bar-Ilan University, Faculty of Law Ramat-Gan, Israel 2008-present
Assistant Professor of Law
• Lecturer. Researching and drafting papers in the field of intellectual property law. Teaching in the fields of Intellectual Property Law, Torts, and Property. Supervising a Legal Aid Clinic. Serving on the University's Fellowships and Awards Committee, Law Faculty's Advanced Degrees Committee (Faculty of Law), and Library Committee.
• Research Grants and Awards: European Union Commission, Marie Curie International Reintegration Grant, 100,000 EURO (2009-2012); Israeli Ministry of Immigrants Absorption, Returning Scientist Award (2008-2010); Israel Council for Higher Education, Alon Fellowship (2009-2012); ISEF Distinction Award (2008-2009); EVPSI Grant (15000 EURO) (2011).


Haifa University, Faculty of Law Haifa, Israel Fall 2009
Adjunct Professor of Law
• Teaching International Intellectual Property Law, Patent Prosecutors Program.

Whittier Law School Orange County, CA Summer 2009
Visiting Assistant Professor of Law
• Teaching Cyberlaw Course, Israel Summer Program.


DePaul University College of Law Chicago, IL Winter 2008
Visiting Assistant Professor of Law
• Teaching Patent Law and an Advanced Patent Law Seminar.

Irell & Manella LLP Los Angeles, CA 2005-2007
Associate
Practiced in the litigation and intellectual property workgroups on a variety of matters including patent litigation and IP counseling & licensing.
Representative matters and work included:
• Biosense Webster v. Endocardial Solutions (C.D. Cal.), a patent action between subsidiaries of Johnson & Johnson and St. Jude Medical involving heart mapping systems.
• Sharper Image v. Ionic Pro (N.D. Cal.), a patent action involving air purifiers.
• Polycom v. Codian (E.D. Tex.), a patent action involving video and audio conferencing systems.
• Drafted dispositive motions, including motions for summary judgment.
• Extensively advised corporations on patent litigation matters.
• Drafted legal memorandums on multiple legal issues.
• Extensively involved in client development, mainly in Israel.

Fish & Neave Washington, DC 2004
Summer Associate
• Completed various assignments including writing legal memorandums and brief sections.

Yigal Arnon & Co. Law Office Tel-Aviv, Israel 2001
Summer Associate
• Participated in commercial transactions with the international corporate practice group, including U.S.-related deals.
• Drafted documents in English, including legal memorandums.

Supreme Court of Israel Jerusalem, Israel 2000
Law Clerk to the Honorable Jacob Turkel
• Researched and drafted Supreme Court opinions in civil and criminal law.

Attorney General of the State of Israel Jerusalem, Israel 1999-2000
Law Clerk to the Honorable Elyakim Rubinstein
• Served as legal advisor and researcher to the Attorney General.

Itzhakniya, Goldberg, Keinar & Co. Law Offices Ramat-Gan, Israel 1999
Law Clerk
• Prepared court pleadings, agreements and legal memorandums.

Institute of Taxation and Economic Advice Ltd. Tel-Aviv, Israel 1998-1999
Law Clerk
• Conducted extensive research on Israeli tax law.

Jonathan Shor Legal Aid Program Ramat-Gan, Israel 1997-1998
Counselor
• Handled small claims and employment cases.

Israeli Defense Forces Israel 1991-1995
Lieutenant
• Served in the rank of Lieutenant (1992-95).
• Completed Paratroopers training (1995).
• Awarded Distinguished Officer Award on Israel Independence Day (1994).
• Awarded Distinguished Cadet Award upon completion of officer training course (1992).

 

SELECTED PUBLICATIONS & WORKS IN PROGRESS

1. Feist, Facts and Functions: Historical Perspective, in "Intellectual Property Protection of Fact-Based Works: Copyright and Its Alternatives" (Robert Brauneis Editor) (2009)
2. Exploring European Union Copyright Policy Through the Lens of the Database Directive, 23 Berkeley Technology Law Journal 1411 (2008)
3. Trends in Protection for Informational Works Under Copyright Law During the 19th and 20th Centuries, 13 Michigan Telecommunication & Technology Law Review 115 (2007)
4. Grokking Grokster: Has the Supreme Court Changed Inducement under Patent Law?, 34 AIPLA Quarterly Journal 265 (2006) (with Gary N. Frischling)
5. A New Outlook on the Economic Dimension of the Database Protection Debate, 47 IDEA: The Intellectual Property Law Review 93 (2006)
6. Protection for Informational Works After Feist Publications Inc. v. Rural Telephone Service, 21 Fordham Intellectual Property, Media & Entertainment Law Journal 611 (2011)
7. Modernizing Copyright Law, 20 Texas Intellectual Property Law Journal 65 (2011)
8. Implementing the Public Sector Information Directive, [2012] 2 European Intellectual Property Review 74 (2012)
9. Rethinking the Anti-Counterfeiting Trade Agreement Criminal Copyright Measures, 102 Journal of Criminal Law and Criminology 101 (2011)
10. Patenting Abstractions (under review)
11. Commercializing Public Sector Information (in progress)
12. Book Chapter: Criminal Enforcement of IP (in progress; in Hebrew)
13. Book Chapter: IP and Consumer Protection (in progress; in Hebrew)
14. Database Protection in Israel (in progress; in Hebrew)
15. Israeli Patent Law: Theoretical and Comparative Perspectives (Book in progress; in Hebrew)
16. Intellectual Property Law: Interdisciplinary Analysis, Co-Editor, Book in progress (with Lior Zemer) (forthcoming 2012; in Hebrew)


SELECTED CONFERENCES &
PRESENTATIONS

1. Discussant, Israeli-Canadian Workshop, Copyright Law Reforms & Developments, Israel & Canada as Comparative Case Studies, The Hebrew University of Jerusalem, February 20-21, 2012
2. Discussant, LAPSI 2nd Public Conference and 3rd Award, University Foundation, Brussels (Belgium),January 23-24, 2012
3. The AIA: Exploring Subject Matter Eligibility, Prior User Rights, and Jurisdiction Issues, Perspectives on the America Invents Act & Keynote Lecture by Chief Judge Randall Rader, Bar-Ilan University, Faculty of Law, January 4, 2012
4. Land Demarcation and Registration in Israel, Land Demarcation and Registries, November 14, 2011, University of Oslo, Norway.
5. The Right to Housing, "What Did We Learn Over the Past Summer?", Bar-Ilan University, Faculty of Law, November 7, 2011
6. The Nagoya Protocol and its effect on the protection of Traditional Knowledge, International Conference on IP Law and Development - the Road Ahead; Traditional Knowledge and Access to Knowledge, Ono Academic College, Israel, October 24 & 25, 2011
7. ©"Originality" from a Theoretical & Comparative Perspective: From Feist to Qimron, International Law Speakers Series, University of Miami School of Law, Coral Gables, Florida, September 27, 2011
8. Commercializing Public Sector Information, 7th Edition, Stresa Lecture, Atlantic Corridors-Novara University Conference, Stresa, Italy, July 11, 2011
9. Criminal Enforcement of Copyright Law in Israel, Intellectual Property Law: Interdisciplinary Analysis, Conference, Bar-Ilan University, Faculty of Law, June 2, 2011
10. Let the Public Speak - Public Domain as Default, Intellectual Property Law Workshop, Hebrew University of Jerusalem, Faculty of Law, May 11, 2011
11. Modernizing Copyright Law, Junior Scholars in Intellectual Property (JSIP) Workshop, April 15-16, 2011 (paper competitively selected)
12. ©"Originality" from a Theoretical & Comparative Perspective: From Feist to Qimron, IP Law Society, The Ohio State University Moritz College of Law, Columbus, Ohio, March 31, 2011
13. Let the Public Speak - Public Domain as Default, Faculty Seminar, The Bar-Ilan University Faculty of Law, March 22, 2011
14. Let the Public Speak - Public Domain as Default, Faculty Seminar, The Ohio State University Moritz College of Law, Columbus, Ohio, March 17, 2011
15. Let the Public Speak - Public Domain as Default, The Columbus IP Association Meeting, March 10, 2011
16. Let the Public Speak - Public Domain as Default, WIPIP Conference, Boston University, Boston, Massachusetts, February 13, 2011
17. Let the Public Speak - Public Domain as Default, Faculty Workshop, DePaul College of Law, Chicago, Illinois, January 20, 2011
18. Development in U.S. Patent Law, STC & Fish & Richardson Patent Law Conference, January 2, 2011
19. Moral Rights and International Norms, Roundtable on Moral Rights, A Conference in Honor of Roberta R. Kwall's The Soul of Creativity, Interdisciplinary Center Hertzelia, December 13, 2010
20. Let the Public Speak - Public Domain as Default, Intellectual Property Law Seminar, Bar-Ilan University, Faculty of Law, October 24, 2010
21. Let the Public Speak - Public Domain as Default, Faculty Workshop, University of Miami School of Law, Coral Gables, Florida, September 22, 2010
22. Exploring European Union & U.S. Copyright Policy Through the Lens of The Database Directive, University of Miami School of Law, Coral Gables, Florida, September 21, 2010
23. ©"Originality" from a Theoretical & Comparative Perspective: From Feist to Qimron, University of Miami School of Law, Coral Gables, Florida, September 21, 2010
24. Let the Public Speak - Public Domain as Default, IP Scholars Conference, Boalt Hall School of Law, University of California, Berkeley, California, August 12-13, 2010
25. Exploring the European Union Copyright Law Policy Through the Lens of the Database Directive, Law & Technology Colloquium , Haifa University, Faculty of Law, April 15, 2010
26. A New Outlook on the Economic Dimension of the Database Protection Debate, University of San Diego Law School, Intellectual Property Theory Seminar, February 23, 2010
27. Exploring the European Union Copyright Law Policy Through the Lens of the Database Directive, Law, Science & Technology Colloquium , Stanford Law School, February 18, 2010
28. In re Bilski & Subject Matter Eligibility Thresholds, The Future of Subject Matter Eligibility After In re Bilski, International Patent Law Conference, The Sanford T. Colb Intellectual Property Law Conference, Bar-Ilan University, Faculty of Law, January 3-4, 2010
29. Junior Privacy Scholars Workshop; Symposium Co-Chair, 9th Annual CIPLIT Symposium on Cyberlaw 2.0: Legal Challenges of an Evolving Internet, & the 12th Annual Niro Distinguished Lecture, DePaul College of Law, Chicago, October 15-16, 2009
30. Subject Matter Eligibility in Patent Law and In re Bilski, Faculty Seminar, The University of Michigan Law School, September 23, 2009
31. Recent Developments in Patent Law: New Challenges to Subject Matter Eligibility (workshop for PhD Students) (together with Professor Gideon Parchomovsky), The Fifth Annual Stresa Conference, on Innovation and the Law, Stresa, Italy, July 10-14, 2009
32. Moderator, Israeli Law & Economics Association Eighth Annual Conference, Faculty of Law, Bar-Ilan University, June 18, 2009
33. Commentator, The Regulatory State at the 21st Century: Fundamental Questions in the Design of Regulatory Policy - Lessons from the Environmental Field, Faculty of Law, Bar-Ilan University, May 17-18, 2009
34. Introduction to Intellectual Property Law, The Arthur Fried Annual Lecture, Lev Institute, Jerusalem, June 21, 2009
35. Recent Developments in International Copyright Law, Introduction to Intellectual Property Law Class, University of Indiana School of Law, Indianapolis, February 11, 2009
36. Recent Developments in International Copyright Law, Copyright Law Forum, University of Indiana School of Law, Indianapolis, February 11, 2009
37. Exploring the European Union Copyright Law Policy Through the Lens of the Database Directive, Faculty Seminar, University of Indiana School of Law, Indianapolis, February 12, 2009
38. Should Entrepreneurs Care About Patent Reform?, IP & Entrepreneurship Symposium, Boalt Hall School of Law, University of California, Berkeley, California, March 7-8, 2008
39. Recent Developments in U.S. Law Concerning Patentable Subject Matter, 5th Annual Telecommunication and IP: U.S. and Asian Perspectives Conference, Maui, Hawaii, February 15-16, 2008
40. A New Outlook on the Economic Dimension of the Database Protection Debate, Faculty Seminar, University of Utah, S.J. Quinney College of Law, Salt Lake City, Utah, January 24, 2008
41. A New Outlook on the Economic Dimension of the Database Protection Debate, Faculty Seminar, Ramat-Gan Law School, Ramat-Gan, Israel, January 3, 2008
42. A New Outlook on the Economic Dimension of the Database Protection Debate, Faculty Seminar, Bar-Ilan University Faculty of Law, Ramat-Gan, Israel, December 30, 2007
43. A New Outlook on the Economic Dimension of the Database Protection Debate, Faculty Seminar, Pepperdine University School of Law, Malibu, California, December 11, 2007
44. A New Outlook on the Economic Dimension of the Database Protection Debate, Faculty Seminar, Brooklyn Law School, Brooklyn, New York, December 6, 2007
45. A New Outlook on the Economic Dimension of the Database Protection Debate, Faculty Seminar, University of Oregon School of Law, Eugene, Oregon, December 4, 2007
46. A New Outlook on the Economic Dimension of the Database Protection Debate, Intellectual Property Scholarship Workshop "Perspectives on Copyright Law," Boalt Hall School of Law, University of California, Berkeley, California, November 16, 2007
47. Is Information Patentable?, Works in Progress Intellectual Property Colloquium 2007, American University Washington College of Law, Washington, DC, September 28-29, 2007
48. Trends in Protection for Informational Works Under Copyright Law During the 19th and 20th Centuries, Symposium on "Feist, Facts, and Functions: IP Protection for Works Beyond Entertainment," George Washington University Law School, Washington, DC, September 28, 2007
49. Is Information Patentable?, IP Scholars Conference, DePaul University College of Law, Chicago, Illinois, August 9-10, 2007
50. A New Outlook on the Economic Dimension of the Database Protection Debate, Intellectual Property Law Seminar, Hebrew University, Jerusalem, Israel, January 2007
51. A New Outlook on the Economic Dimension of the Database Protection Debate, Faculty Seminar, Ono College of Law, Ramat-Gan, Israel, January 2007
52. A New Outlook on the Economic Dimension of the Database Protection Debate, Law and Economics Workshop, The University of Michigan Law School, Ann Arbor, Michigan, February 2005

CONFERENCES, WORKSHOPS, AND TALKS ORGANIZED

Perspectives on the America Invents Act, Bar-Ilan University, Faculty of Law, January 4, 2012
Interdisciplinary Analysis of Intellectual Property Law, Bar-Ilan University, Faculty of Law, June 2, 2011 (with Dr. Lior Zemer, The IDC).
Between the Sacred and the Legal: The Aftermath of the Immanuel Girls School Ordeal - An Interdisciplinary Conference, Bar-Ilan University, Faculty of Law, October 31, 2010 (with Dr.Ori Aronson and Dr. Avi Shoshana).
Law and Mediation - Mock Mediation: Roker v. Solomon, Bar-Ilan University, Faculty of Law, May 9, 2010 (Joint endeavor of the Mediation Clinic and the Legal Aid Clinic).
The Future of Clinical Legal Education, Bar-Ilan University, Faculty of Law, April 27, 2010 (with Adv. Karin Elharar).
The Future of Subject Matter Eligibility After In re Bilski, International Patent Law Conference, The Sanford T. Colb Intellectual Property Law Conference, Bar-Ilan University, Faculty of Law, January 3-4, 2010 (with Prof. Gideon Parchomovsky).
9th Annual CIPLIT Symposium on Cyberlaw 2.0: Legal Challenges of an Evolving Internet, & the 12th Annual Niro Distinguished Lecture, DePaul College of Law, Chicago, October 15-16, 2009; http://www.law.depaul.edu/centers_institutes/ciplit/niro_symposium_09/de...
Women Leadership in the Israeli Academy, Bar-Ilan University Faculty of Law, Ramat-Gan, Israel, February 3, 2009 (with the Rackman Center for the Advancement of Women & the ISEF Foundation).
IP & Entrepreneurship Symposium, Berkeley Center for Law and Technology, Boalt Hall School of Law, University of California, Berkeley, California, March 7-8, 2008; http://www.law.berkeley.edu/institutes/bclt/entrepreneurship/about.html


 

DOCTORAL & M.A. STUDENTS ADVISOR

Mr. Yonathan Drori (M.A. Student), Damages in Copyright Law - Back to Torts Principles (Awarded January 2011; Grade: 100)

Mr. Avishai Klein (Ph.D. Student), Tort Liability for Internet Security Breaches (in progress)

Ms. Erel Peretz-Ohana (M.A. Student)

Ms. Ella Katz-Sheinfeld (M.A. Student), State Tort Liability for Earthquakes (in progress)

Mr. Ron Musayov (M.A. Student)


TEACHING INTERESTS

First Year Courses
• Property; Torts

Electives
• Intellectual Property Law; Law & Economics of Intellectual Property Law; Cyberlaw

BAR ADMISSION, LANGUAGES & INTERESTS

Bar Admission
• California Bar; Israeli Bar

Languages
• Hebrew (native speaker); English (fluent); Arabic (fluent)

Interests
• Biking; jogging ; traveling; literature

 

Courses

 99-208-01 דיני קניין

99-559-01 פרקטיקה וסיוע משפטי אזרחי

99-878-01 תאוריות בקניין רוחני

99-997-01 סוגיות מתקדמות בדיני הנזיקין