Xuan-Thao Nguyen

Gerald L. Bepko Chair

Director, Center for Intellectual Property Law and Innovation

Indiana University Robert H. McKinney School of Law

Lawrence W. Inlow Hall, Room 328A

530 W. New York Street

Indianapolis, IN 46202-3225

Phone: (317) 274-8146

E-Mail: xunguyen@iupui.edu

Education

B.A., Oberlin College, 1990

J.D., Northeastern University School of Law, 1995

Courses

Intellectual Property Law; Social Media Law; Seminar in IP Tax

Bio

Professor Nguyen joined the faculty of IU McKinney Law in the summer of 2014. Before coming to Indianapolis, she was on the faculty of Southern Methodist Dedman School of Law for over ten years. She also taught at Texas A & M University School of Law after five years in private practice in New York City.

Professor Nguyen is an internationally known legal scholar for her expertise in the intersections of Intellectual Property, Secured Transactions, Bankruptcy, Licensing, and Taxation. She has co-authored treatises on Taxation of Intellectual Property (BNA Bloomberg) and Licensing Intellectual Property (BNA Bloomberg). Recently, she published a new casebook on Intellectual Property Law (Vietnam University Press HCMC), in addition to her two other casebooks on Licensing Intellectual Property (Aspen Publishers) and Taxation of Intellectual Property (Carolina Academic Press). She has also published more than thirty law review articles. Her articles have been cited by the Federal Circuit, the Third Circuit, the Ninth Circuit and various federal district courts: In re Steelbuilding.com, 415 F.3d 1293 (Fed. Cir. 2005); Interstellar Starship Services, Ltd. v. Epix, Inc., 304 F.3d 936 (9th Cir. 2002); Times Mirror Magazines, Inc. v. Las Vegas Sports News, 212 F.3d 157, 175 (3d Cir. 2000); In re Interstate Bakeries Corp., 2010 WL 2332142, *7 (Bank.W.D.Mo. June 4, 2010); Ligotti v. Garofalo, 562 F.Supp.2d 204 ( D.N.H. 2008); Blue Nile, Inc. v. Ice.com, Inc., 478 F.Supp.2d 1240 (W.D.Wash. 2007); EMSL Analytical, Inc. v. Testamerica Analytical Testing Corp., 2006 WL 892718 (D.N.J. April 4, 2006); Pharmacia Corp. v. Alcon Laboratories, Inc., 201 F.Supp.2d 335 (D.N.J. 2002).

Professor Nguyen frequently provides technical expertise and support to the Vietnam Ministry of Justice and the Ministry of Science and Technology. She regularly speaks at academic symposia, conferences, seminars and workshops on topics related to her legal scholarship and higher education in the United States, China, Vietnam, Thailand, Hong Kong and Vienna. She collaborates with Professor Zhang Yumin, Southwest University of Politics and Law, Chongqing, China in organizing the US-China Intellectual Property Comparative Law annual conferences that bring together China People’s Supreme Court and Intermediate Court judges, academics, government officials and lawyers for discussions on Patent Law and Practices. She is the brainchild behind the Games:Business:Law Summit.

She is a consultant for the World Bank/IFC on Secured Transactions in China, Vietnam and the Mekong Region. In her consultant capacity, she conducts workshops and provides drafting comments to National Drafting Committees on Secured Transactions law and international best practices. She currently serves on the Scientific Council, University Economics & Law, Vietnam National University, shaping the strategic vision of the University. In 2009, Professor Nguyen was a Senior Fulbright Scholar VNU School of Law in her Hanoi; she taught and developed IP curriculum and trained law lecturers. She then served as a Fulbright Scholars Peer Reviewer from 2010 to 2013.

Professor Nguyen gained valuable insights through her practice years at Fried, Frank, Harris, Shriver & Jacobson and Pryor, Cashman, Sherman & Flynn, in NYC, and counted Duke University Medical Center and physician-scientist Dr. Jonathan Stamler among her clients. She is registered to practice with the USPTO. She is a graduate of Northeastern University School of Law, J.D., and Oberlin College, BA with triple majors in Biology, Sociology and Women’s Studies.

Professor Nguyen is active in the Association of American Law Schools (“AALS”), currently serving on the AALS Annual Meeting and Sections Committee. She was past-chair of the AALS Section on Minority Groups, AALS Section on Computers & the Law, and AALS Workshops for New Law Professors and Pre-Tenured Minority Law Professors. In her spare time, Professor Nguyen enjoys hosting parties for her students and collecting fine arts with her husband, Erik Hille. She serves on the Board of Trustee, Dallas Museum of Art.

Selected Publications

-          Collateralizing Intellectual Property - SMU Dedman School of Law Legal Studies Research Paper No. 00-31, Georgia Law Review, Vol. 42, No. 1, Fall 2007

-          The History of Intellectual Property Taxation: Promoting Innovation and Other Intellectual Property Goals? - Southern Methodist University Law Review, Vol. 64, 2011

-          Taxing Facebook Code: Debugging the Tax Code and Software - Buffalo Law Review, Vol. 60, No. 1, 2012, SMU Dedman School of Law Legal Studies Research Paper No. 98

-          Justice Scalia's 'Renegade Jurisdiction': Lessons for Patent Law Reform - Tulane Law Review, Vol. 83, p. 111, 2008

-          The China We Hardly Know: Revealing the New China’s Intellectual Property Regime - St. Louis University Law Journal, Forthcoming

Cyberproperty and Judicial Dissonance: The Trouble with Domain Name Classification - George Mason Law Review, Vol. 10, No. 2, pp. 183-214, 2001