Lolita Darden

Associate Clinical Professor of Law and IPEC Director

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Bar Admittance

  • Mass.
  • Illinois

Biography

As a registered patent attorney, Professor Darden’s scholarship focuses on the protection and preservation of intellectual property rights for creators and inventors, particularly those who are under resourced. More specifically, Professor Darden is interested in researching questions surrounding the constitutional impact of the recent changes in US intellectual property laws and exploring concepts regarding the justifications for IP protection and the scope and status of IP rights.

Professor Darden is an Associate Clinical Professor as well as a lecturer of law, teaching intellectual property courses such as intellectual property survey, practical trademark law, trademark law, and patent law. Professor Darden is also the Director of the Law School's Intellectual Property and Entrepreneurship Clinic ("IPEC"), a multi-disciplinary clinic providing pro bono counseling and legal services for new and emerging businesses. In 2019, Professor Darden was selected to participate in the Thomas Edison Innovation Fellowship Program sponsored by the Center for the Protection of Intellectual Property, George Mason University Antonin Scalia Law School. Professor Darden’s participation in the Edison Fellowship resulted in the completion of her paper, Overlapping and Sequential Copyright, Patent, and Trademark Rights: A Case for Overruling the Per Se Bar, which has been selected by Thomson Reuters (West) as one of the best IP articles of 2021.

Prior to joining Suffolk, Professor Darden was a partner at Sachnoff & Weaver, Ltd. (Chicago) and manager of the Firm’s patent prosecution group. She counseled emerging technology businesses on all aspects of IP protection, including rights in patents, trademarks, and copyrights. Professor Darden also served as Chief IP Counsel for Duracraft Corporation, where she worked closely with marketing and product development teams and managed all IP litigation and IP protection programs. During her career, Professor Darden has had the opportunity to participate in several precedent setting patent and trademark cases, including Atlantic Thermoplastics v. Faytex Corp., Micron Separations, Inc. v. Pall Corporation -- the companion case to Markman v. Westview Instruments, and Curtin v. United Trademark Holdings (trademark opposition finding consumer standing to oppose registration).

Professional Activities

  • Thomas Edison Innovation Fellow, 2019 sponsored by the Center for the Protection of Intellectual Property, George Mason University Antonin Scalia Law School
  • Judicial Law Clerk to the Honorable Francis J. Boyle, U.S. District Court for the District of Rhode Island
  • Registered Patent Attorney
  • Member of the American Intellectual Property Lawyers Association
  • Member of the Boston Patent Lawyers Association

Publications

Books

USPTO Trademark Law and Practice (accepted for publication, Aspen Publishers 2022)

Articles and Media Coverage

Overlapping and Sequential Copyright, Patent, and Trademark Rights: A Case for Overruling the Per Se Bar, 44 Colum. J.L. & Arts 157 (2021), available online at
https://doi.org/10.52214/jla.v44i2.7822

IP Watchdog Blog (August 17, 2020) United States Patent and Trademark Office et al. v. Booking.com B.V.

Lights, Lights, Lights! – Finding Light in the Darkness of the Public/Private Patent Debate, 9 AM. U. INTELL. PROP. BRIEF 106 (2018).

Ruling Accelerates Time for Filing Patent Applications: Implications of Pfaff v. Wells Elecs., Inc., 409 LACHES (Oakland County Bar Ass'n) 11 (February 2000).

Strategic Use of Intellectual Property: The Making of a Market Leader, DESIGN NEWS (1999)

Works-in-Progress

Natural Property Rights as an Antecedent to Intellectual Property Rights Inspired by Eric Claeys’ Book Entitled Natural Property Rights (forthcoming Texas A&M J. of Property Law,
2022)

Trademark Abandonment and the Real Impact of an Abandoned Trademark Registration (WIP)

Education

  • BS, Purdue University
  • MFA, Sarah Lawrence College
  • JD, Suffolk University (cum laude)
Assistant Clinical Professor of Law and IPEC Director

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