Elizabeth A. Rowe
UF Research Foundation Professor of Law
Director, Program in Intellectual Property Law
Feldman Gale Term Professor in Intellectual Property Law
Mailing Address: Box #117625 Gainesville, FL 32611
SSRN Vita [PDF]
J.D., Harvard Law School (cum laude)
B.A., M.A., University of Florida (highest honors)
Teaching and Scholarship
Trademark Law, Patent Law, Trade Secret Law, Corporate Espionage
- University of Florida: Joined College of Law in 2005 as Assistant Professor of Law; Promoted to Associate Professor of Law in 2008; Named as Director of Program in Intellectual Property Law in 2010; Tenured and promoted to Professor of Law in 2011; Awarded UF Research Foundation Professorship in 2012; Awarded Feldman Gale Term Professorship in Intellectual Property Law in 2012.
- Scholarship and Expertise: Professor Rowe is a nationally recognized expert in intellectual property law. Her scholarship focuses on trade secrets, as well as the interaction of intellectual property policies with business and technology. She is a prolific scholar and the author of numerous books and law review articles. Professor Rowe’s recent casebook is the first in the United States devoted exclusively to Trade Secret Law. In 2009 she received the Jack Wessel Research Excellence Award from the University of Florida, Office of the Provost. In 2012 she was recognized by the University of Florida Research Foundation for her “outstanding research and scholarly achievements.” She is a frequent speaker at national conferences on intellectual property and also serves as an expert witness in litigation matters.
- Private Practice: Partner, Hale and Dorr LLP (now WilmerHale), Boston (1997-2003); Associate, Sherburne, Powers & Needham, P.C. (now Holland & Knight LLP), Boston (1996-1997).
Patent Law (Credits: 3) – LAW 6573
- This course covers such topics as patent eligibility, utility, anticipation, nonobviousness, claim interpretation, inventorship, infringement, inequitable conduct, and litigation procedures including remedies and defenses. Patent drafting and prosecution are not covered.
Trademark Law (Credits: 3) – LAW 6576
- This course covers trademark law, with some coverage of broader unfair competition issues. It is a combination common law/statutory class. Specific trademark issues include nature of trademark rights, violations of trademark rights, defenses, remedies and selected procedural issues that arise in trademark cases. The prosecution of trademark applications is not covered in any detail, but the statutory requirements and benefits of registration are covered.
Trade Secret Law (Credits: 3) – LAW 6930
- This course addresses the law and theory applicable to the protection of confidential and proprietary business information ranging from formulas to customer lists. It includes coverage of trade secret protection and misappropriation in the employment context, such as issues regarding confidentiality and non-competition agreements, and the inevitable disclosure doctrine. Litigation strategies in trade secret misappropriation cases, as well as procedures and requirements for preserving trade secret protection are also covered. Finally, the course touches on relevant comparisons between trade secret law and other forms of intellectual property protection, such as patent law.
Corporate Espionage (Credits: 2) – LAW 6936
- This seminar explores the law and theory applicable to the gathering of competitive intelligence among companies. It will address the laws, policies, and technologies associated with corporate espionage. It includes coverage of such practices as spying, committing computer crimes, engaging in surveillance, and stealing trade secrets of one’s competitors. The intellectual property and unfair competition doctrines and policies that regulate and protect against these practices will be the focus of the course. Data security and technological challenges to protecting proprietary information will also be covered. Prior course work in trade secret law is recommended but not required.
Trade Secret Law In A Nutshell (West Publishing, forthcoming 2013) (with Sharon Sandeen)
Trade Secrecy in International Transactions (Edward Elgar Publishing, forthcoming 2014) (with Sharon Sandeen)
Intellectual Property and Trade Secrecy (Edward Elgar Publishing, forthcoming 2014) (co-edited with Sharon Sandeen)
Cases and Materials on Trade Secret Law (West Publishing 2012) (with Sharon Sandeen)
Law Review Articles
Intellectual Property and Employee Selection, 48 Wake Forest Law Review 25 (2013).
Striking a Balance: When Should Trade Secret Law Shield Disclosures to the Government?, 96 Iowa Law Review 791 – (Lead Article) (2011).
Patents, Genetically Modified Food, and IP Overreaching, 64 SMU Law Review 859 (2011).
Trade Secret Litigation and Free Speech: Is it Time to Restrain the Plaintiffs?, 50 Boston College Law Review-1425 – (2009) **Selected as one of the best intellectual property articles of 2009**
Contributory Negligence, Technology, and Trade Secrets, 17 George Mason Law Review 1 (2009) (Lead Article).
A Sociological Approach to Misappropriation, 58 Kansas Law Review 1 (2009) (Lead Article).
Introducing A Take-Down for Trade Secrets on the Internet, 2007 Wisconsin Law Review 1041 (2007).
Saving Trade Secret Disclosures on the Internet Through Sequential Preservation, 42 Wake Forest Law Review 1 (2007) (Lead Article).
The Experimental Use Exception to Patent Infringement: Do Universities Deserve Special Treatment?, 57 Hastings Law Journal 921 (2006) (Lead Article).
When Trade Secrets Become Shackles: Fairness and the Inevitable Disclosure Doctrine, 7 Tulane J. Tech. & Intell. Prop. 167 (2005).