Category: C-IP2 News

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Announcing IPPI: The IP Policy Institute

• A Message from Faculty Chair Mark Schultz & Executive Director Joshua Kresh

IPPI Spring Progress Report

• IPPI Hosted and Co-Hosted Events
• News & Speaking Engagements
• Scholarship & Other Writing

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Announcing IPPI: The IP Policy Institute

A Message from Faculty Chair Mark Schultz and Executive Director Joshua Kresh

Dear Friends of the Innovation and Creative Industries,

We’re excited to announce the launch of IPPI: The IP Policy Institute at The University of Akron School of Law. While our name is new, our team, mission, and commitment to great IP scholarship and policy work are very familiar.

Who We Are: IPPI emerges from the former C-IP² team at George Mason University, bringing together familiar faces and new additions:

• Professor Mark Schultz, original co-founder of C-IP²/CPIP, returns as Faculty Chair
• Joshua Kresh continues as Research Professor and Executive Director
• Professor Emily Michiko Morris joins as Associate Faculty Chair
• Our dedicated and talented professional staff remains intact, ensuring operational continuity
• We welcome Douglas Park as our new in-house Research Fellow

Continuing Our Mission: At IPPI, we remain committed to fostering rigorous, fact-based scholarship that examines IP’s vital role in promoting innovation and creativity. Our extensive network of scholars and supporters continues to be the foundation of our work.

Looking Forward: We’re hitting the ground running with a robust slate of programs:

• The Edison Fellowship program continues uninterrupted
• Academic roundtables and policy-focused events (details coming soon)
• A special Winter Institute conference in Orlando next February
• Expanded research initiatives and policy engagement in Washington DC
• A newly launched global scholars’ network and international policy initiatives

Work Already Underway: We’ve enclosed our Spring Progress Report, highlighting the impressive work completed by our network. While this would have been the final C-IP² report, it represents the ongoing scholarship and engagement that will continue under IPPI.

Join Us on This Journey: As we embrace this new chapter, we’re not just continuing established programs—we’re open to new ideas and collaborations. We welcome conversations with anyone interested in partnering with IPPI.

We value your continued engagement as we build on our strong foundation. Please reach out with any questions or ideas.

Best regards,

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Greetings from C-IP² Interim Executive Director Joshua A. Kresh

Reflecting on this vibrant winter season at the Center for Intellectual Property x Innovation Policy, I am filled with gratitude and excitement. As you can read in the report linked below, which covers this past September through November, we have been active and productive, hosting public and private events and supporting academic writing, including an amicus brief to the 9th Circuit submitted by Professor Sandra Aistars and Matthew Hersh, policy briefs on pending legislation (particularly a brief on RESTORE by Dr. Kristina Acri), and shorter articles on key issues including a blog post by Professor Emily Michiko Morris and Douglas Park on the FTC’s Orange Book challenges.

Our Edison Fellowship program continues to thrive. We held our second meeting of 2024-2025, and Fellows are currently finalizing drafts for our final meeting in January. We are also excited to welcome our 2025-2026 Edison Fellows soon.

The highlight over the past few months was undoubtedly our Annual Fall Conference, which was our best-attended event since the pandemic. Recordings are available online for those who missed the live sessions. We also convened our annual BioPharma roundtable, bringing together industry leaders and academics to discuss critical issues and explore future research opportunities.

We’ve expanded our network by welcoming new members to our Advisory Board and bringing on new Scholars and Practitioners in Residence to bring fresh perspectives and deep expertise to our mission.

These achievements are not possible without your continued support. Your commitment enables us to drive meaningful dialogue, research, and policy recommendations at the intersection of intellectual property and innovation. Looking towards spring, we have several exciting initiatives planned, including:

• • Scholarly and Policy writing on critical intellectual property issues,
  • Private roundtables with key stakeholders, and
  • Speaking engagements for our Scholars and Fellows at conferences, on podcasts, and in Congressional Hearings.

We are entirely funded by donations and rely on the generosity of our sponsors to continue our crucial work. Your support is the lifeblood of our mission, enabling us to conduct critical research, hold important conversations, and develop policy recommendations that can truly make a difference.

Additionally, we are seeking adjuncts and volunteers to support our Arts & Entertainment Advocacy Clinic and possibly our Entertainment Law class this spring. If you are interested in teaching an IP class at the law school or getting involved, please reach out to me directly at jkresh@gmu.edu.

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C-IP² Hosted & Co-Hosted Events

Second Meeting of the 2024-2025 Thomas Edison Innovation Fellowship
On September 12-13, C-IP² hosted the second meeting of the 2024-2025 Thomas Edison Innovation Law and Policy Fellowship at Scalia Law School. The meeting was a works-in-progress workshop, where the Fellows presented rough drafts of their papers and received valuable feedback from Distinguished Commentators and other Fellows.

C-IP²’s 2024 Annual Fall Conference: The Importance of Exclusive Rights
C-IP²’s 2024 Annual Fall Conference explored the importance of exclusive rights in the patent and copyright industries, the historical basis for those rights, and what happens to innovators and creators if the rights are not protected. The conference featured former Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal.

• • Recordings of all conference sessions, including the fireside chat with Joshua Kresh, are available on the conference website and YouTube.
  • A blog post from C-IP² Practitioner in Residence Keith Mallinson offers an overview of the panel “SEP Current & Proposed Regulations.”
  • A blog post from C-IP² Senior Fellow for Innovation Policy & Senior Scholar Kristen Osenga gives a breakdown of the panel “Litigation Funding,” co-hosted with Scalia Law’s National Security Institute.

October 29 Virtual Legal Clinic: “Protect Your Body of Work”
The Scalia Law Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA) hosted a virtual legal clinic on October 29 on “how proper licensing can protect the rights of visual artists including tattoo artists, photographers, illustrators, and more.” The clinic followed on the submission of a policy brief recently submitted in the case Jeffrey B. Sedlik v. Katherine Von Drachenberg, Kat Von D, Inc., High Voltage Tattoo, Inc. by Clinic Director Professor Sandra Aistars and Matt Hersh (Mestaz Law): Brief of Tattoo Artists Ross C. Berg, Jonny Gomez, and Maxime Plesciabuchi in Support of Plaintiff-Appellant and in Support of Reversal (U.S. October 2024). Also joining the live clinic were photographer Jeff Sedlik, plaintiff in the above case; tattoo artist Ross Berg a.k.a. “Hot Scratcher,” and attorney Matt Hersh.

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News & Speaking Engagements

Recent Amicus Briefs

• • C-IP² Advisory Board Members the Hon. Randall Rader (Ret.) and former USPTO Director David Kappos and C-IP² Senior Fellow for China IP & Scholar Mark A. Cohen submitted an amicus brief to the Shenzhen, China Intermediate Court on jurisdiction of Chinese courts over licensing rates of patent pools. Read more at China IPR.
  • In October, C-IP² Senior Fellow for Copyright Research and Policy & Senior Scholar Sandra Aistars and Matthew Hersh (Of Counsel, Mestaz Law), along with the Arts & Entertainment Advocacy Clinic and Student Advocate Natalie Nachman, submitted “Brief of Tattoo Artists Ross C. Berg, Jonny Gomez, and Maxime Plesciabuchi in Support of Plaintiff-Appellant and in Support of Reversal” (U.S. October 2024) in the case Jeffrey B. Sedlik v. Katherine Von Drachenberg, Kat Von D, Inc., High Voltage Tattoo, Inc. —— Related Legal Clinic Event: On Tuesday, October 29, Professor Aistars, Mr. Hersh, and Ms. Nachman also discussed this case and other copyright issues with photographer Jeff Sedlik and tattoo artist Ross Berg (@hotscratcher) during a Virtual Legal Clinic entitled “Protect Your Body of Work.”

Other Writing

• • In a new C-IP² policy brief, The Importance of Injunctive Relief and the RESTORE Patent Rights Act, Senior Scholar Kristina M.L. Acri née Lybecker (Professor of Economics and Business, Colorado College) looks at the challenges introduced to the U.S. patent system by eBay Inc. v. MercExchange LLC and how the RESTORE Patent Rights Act could “reestablish a rebuttable presumption of an injunction in favor of patent owners who prove their patents have been infringed. This would place the burden on the infringer to demonstrate that a permanent injunction is not warranted, eliminating the perverse incentives that encourage predatory infringement and encouraging preinfringement licensing negotiations.
  • Dr. Ani Harutyunyan and Dr. William Matcham, both 2022-2023 C-IP² Edison Fellows, co-wrote a policy report (published September 30, 2024) on Patent Quality in the United States: Findings and Suggestions for Policymakers for the Sunwater Institute, along with co-authors Matthew Chervenak, Mark Schankerman, and Nishant Shrestha. Dr. Matcham graciously gives credit to connecting with Dr. Harutyunyan through C-IP²’s Edison Fellowship program for contributing to the strong final product of the report. Media mentions include the following:
    • • The Council for Innovation Promotion (C4IP) featured the report in a September 30 posting and also hosted a briefing event for the launch of the above Policy Report (recording available)
      • The report was featured in September 30 MarketWatch article “Council for Innovation Promotion Celebrates Groundbreaking Sunwater Institute Study Combatting Harmful Patent Disinformation,” October 1 Law360 article “Nonprofit Finds Bad Patent ‘Epidemic’ Is Just A Myth,” October 2 IPWatchdog article “Patent Quality Report Finds Improper Patent Abandonment is Greater Issue Than Improper Grants,” and October 4 ClaimWise Weekly Newsletter post “Sunwater Institute Urges Critical Reforms to U.S. Patent System in New Policy Report”
      • The policy report was also mentioned in a November LinkedIn post by USPTO Expert Witness Julie Burke
  • C-IP² Advisory Board Member Judge Paul R. Michel (Ret.), along with fellow C4IP member Judge Kathleen O’Malley (Ret.), co-wrote a September 24 letter in support of PERA to the Senate Committee on the Judiciary.

IPWatchdog LIVE 2024 featured C-IP² Advisory Board Members the Hon. Andrei Iancu, the Hon. David Kappos, the Hon. Susan G. Braden (Ret.) (also C-IP² Jurist in Residence), the Hon. Paul Michel (Ret.), Corey Salsberg (Novartis), and Hans Sauer (BIO) and C-IP² Senior Fellow for China IP & Scholar Mark Cohen among their great lineup of speakers.

New Affiliates

• • In November, C-IP² welcomed Dr. Ani Harutyunyan as a Practitioner in Residence: “Since my time as an Edison Fellow, C-IP² has been instrumental in supporting my work by providing a network, resources, and a platform to share my research. I am delighted to deepen this collaboration and continue working with C-IP² as a Practitioner in Residence.”
  • This September, we were pleased to welcome Keith Mallinson (Founder, WiseHarbor) as a Practitioner in Residence!
  • Welcome to Dr. William Matcham, who joined C-IP² this October as a Scholar! Says Dr. Matcham, “I am very pleased to start as a C-IP2 Scholar. A primary aim of my work is to support and promote evidence-based policymaking in U.S. intellectual property rights. C-IP2 provides an excellent platform to pursue this endeavor.”

George Mason University in Biotechnology News: In an October 16 article from Richmond Inno, George Mason University is mentioned as a member of the Virginia Drug Discovery Consortium, which supports biotech startups.

News from Current and Former Edison Fellows

• • Mary Catherine Amerine (2022-2023 Edison Fellow; Visiting Associate Professor of Law and Frank H. Marks Intellectual Property Law Fellow, The George Washington University Law School)
    • Gave a presentation on “Protecting Public Interests in Public Art” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)
  • Michael Goodyear (2023-2024 Edison Fellow; Acting Assistant Professor, New York University School of Law)
    • On November 1, presented on “Dignity and Deepfakes” at IIPSJ’s 2024 Mosaic IP Law and Policy Roundtable Conference
  • Dr. Gabriela Lenarczyk (2024-2025 Edison Fellow; Postdoctoral Fellow, Inter-CeBIL; Faculty of Law, University of Copenhagen)
    • In November, was ranked 7th among Poland’s top 35 lawyers under 35 in the competition organized by Wolters Kluwer Poland. Her participation in C-IP2’s Edison Innovation Fellowship is also mentioned.
    • On November 22, co-delivered a presentation at the University of Oxford Intellectual Property Law Discussion Group (IPDG) on “Code, courts, and confusion: The patentability puzzle of neural networks”
    • Recently published monograph Patent pledges na tle polskich instytucji prawnych, ze szczególnym uwzględnieniem licencji otwartej[Patent pledges against the background of Polish legal instruments, with particular emphasis on the License of Right’, book written in Polish] (Warsaw: Publishing House of ILS PAS; 2024) is “the first monographic treatment of the topic of patent pledges in continental law globally.”

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Dr. Kristina M. L. Acri, née Lybecker (C-IP² Senior Scholar; John L. Knight Chair of Economics and Professor of Economics, Colorado College)

• • On October 17, moderated the panel “Cross-Industry Exclusive Rights” at C-IP²’s 2024 Annual Fall Conference
  • Was interviewed for the October 27 IP Protection Matters episode “Patent Evergreening: The Data Just Doesn’t Add Up”
  • Participated in C-IP²’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

Sandra Aistars (C-IP² Senior Fellow for Copyright Research and Policy & Senior Scholar; Founding Director, Arts & Entertainment Advocacy Clinic; Clinical Professor of Law, George Mason University Antonin Scalia Law School)

• • Organized and moderated the October 18 panel “Copyright and AI” at C-IP²’s 2024 Annual Fall Conference
  • As Director of the Scalia Law Arts & Entertainment Advocacy Clinic, organized and led an open-to-the-public Virtual Legal Clinic entitled “Protect Your Body of Work” following the submission of submitted “Brief of Tattoo Artists Ross C. Berg, Jonny Gomez, and Maxime Plesciabuchi in Support of Plaintiff-Appellant and in Support of Reversal” (U.S. October 2024; submitted with the Clinic and Matthew Hersh (Of Counsel, Mestaz Law)) in the case Jeffrey B. Sedlik v. Katherine Von Drachenberg, Kat Von D, Inc., High Voltage Tattoo, Inc.

Olufunmilayo B. Arewa (C-IP² Senior Fellow for Entrepreneurship & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • On October 24, gave the 13th Annual Peter A. Jaszi Distinguished Lecture on Intellectual Property at American University Washington College of Law, speaking on “The Mysteries of Lorraine Hansberry: The Postmortem Afterlife of Copyright for Artistic Legacies”
  • Was mentioned in October 3 article “RA Pro Newsletter: Reclaiming Music Rights”
  • On November 6, served as moderator and panelist at Harvard Law School’s “Intellectual Property in Africa” workshop

Jonathan Barnett (C-IP² Senior Scholar; Torrey H. Webb Professor of Law, USC Gould School of Law)

• • New book, The Big Steal: Ideology, Interest, and the Undoing of Intellectual Property (Oxford University Press), is now available both at Amazon and Oxford University Press: “The book uncovers the overlooked synergies between ideological and business interests behind the weakening of U.S. patent and copyright protections over approximately the past two decades, in conjunction with the emergence of digital platforms in content and tech environments. An intellectual climate, business environment, and policy decisions that devalue intellectual property rights have produced a skewed ecosystem that favors platform-based and other integrated business models over the technology and content originators that drive and sustain the most robust innovation economies.”

Chief Judge Susan G. Braden (Ret.) (Court of Federal Claims (Ret.); C-IP² Jurist in Residence)

• • On September 11, was interviewed by Compass Point Research & Trading LLC
  • On September 29, served as moderator and panelist for the panel “Perspectives on the State of U.S. Intellectual Property” with Dean Geibel (Chief Patent Counsel and Associate General Counsel, Samtec, Inc.) and Benjamin Weed (General Counsel, Ridge) at IP WATCHDOG LIVE 2024
  • On October 18, spoke on the panel “March-In Rights” at C-IP²’s 2024 Annual Fall Conference
  • On October 31, participated in the American Law Institute Revisors Committee Meeting on the Restatement of Copyright Law
  • Was mentioned in November 6 IPWatchdog post “Some First Reactions on What a Second Trump Presidency Will Mean for IP”
  • Participated in C-IP²’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

Terrica Carrington (C-IP² Practitioner in Residence; Senior Counsel & Director, Law, Policy & International, Motion Picture Association)

• • In September, was selected as a member of the newly reauthorized Copyright Public Modernization Committee (CPMC)
  • Helped organize a September 24 IP and Diversity Job Fair hosted by the Motion Picture Association (MPA), American University Washington College of Law, and C4IP. Ms. Carrington also spoke on the career panel and represented MPA at the table talk portion.
  • On September 20, participated in an AI & IP Roundtable hosted by the Hudson Institute that “[brought] together a select group of scholars and thought leaders to discuss recent legal and policy developments concerning AI and intellectual property rights.”

Theo Cheng (C-IP² Practitioner in Residence; Arbitrator and Mediator, ADR Office of Theo Cheng LLC; Adjunct Professor, New York Law School)

• • On September 4, spoke on the panel “Forging Critical Pathways to Mediation Success: A Candid Conversation with Top Mediators,” a webinar program sponsored by the Professional Liability Defense Federation
  • On September 13, was the keynote speaker at the virtual inaugural ABA Practice Development Institute and gave an address entitled “Turning Dreams into Reality: The Hustle Behind Building a Lasting ADR Practice”
  • On September 21, gave a presentation to the Board of Directors of the Asian Pacific American Lawyers Association of New Jersey on “The Roles and Responsibilities of a Nonprofit Board and its Members”
  • On October 9, conducted a mediation training program for the Maryland Appellate Court in Annapolis, MD on “Bracketing and Mediator’s Proposals”
  • On October 10, was a panelist on the American Arbitration Association’s New Arbitrator Roundtable in New York City, where Mr. Cheng discussed how to build a practice as a new arbitrator 

Eric Claeys (C-IP² Senior Fellow for Scholarly Initiatives & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • Organized and participated in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
  • Moderated the September 25 Federalist Society webinar “Talks with Authors: Nowhere to Live: The Hidden Story of America’s Housing Crisis”

Mark Cohen (C-IP² Senior Fellow for China IP & Scholar; 2024-2025 Edison Fellow)

• • Spoke on September 11 hybrid Practising Law Institute (PLI) program entitled “Global IP Spotlight: China”
  • Participated as a Fellow in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
  • On September 30, spoke on the panel “Will China Replace the EU and the US as the World’s IP Leader?” at IPWatchdog LIVE 2024
  • Spoke on the October Practising Law Institute (PLI) program “Global IP Spotlight – China”
  • On October 7, spoke with USPTO Director Kathi Vidal on USPTO engagement in China for the program “Executive Roundtable on Technology Innovation in East Asia and the Role of Patents.” On October 8, he also served as speaker for the program “Executive Roundtable on West Coast Perspectives on The Latest on U.S.-China Relations.” These were programs 4 and 5, respectively, of 8 in the Asia Society of Northern California’s 2025 Seeking Truth Through Facts U.S.-China Program Series – On Tech Innovation in East Asia.
  • In October, gave a guest lecture on IP and innovation in China for Dr. Denis Simon’s class at Duke University
  • On October 18, spoke on the panel “SEP Current & Proposed Regulations” at C-IP²’s 2024 Annual Fall Conference

John F. Duffy (C-IP² Senior Scholar; Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law)

• • Participated as a Distinguished Commentator in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA

Tabrez Ebrahim (C-IP² Scholar; Associate Professor of Law at Lewis & Clark Law School)

• Was mentioned in September 10 Patently-O post “2nd Innovator Diversity Pilots Conference: Advancing Inclusion in Innovation”
• Presented on “Comparative Intellectual Property & Religion” at the October 17-19 American Society of Comparative Law’s (ASCL’s) 2024 Annual Meeting held at Texas A&M University School of Law in Fort Worth, TX
• On September 20, served as a panelist at the 2nd Innovator Diversity Pilots Initiative Conference held in Atlanta, GA
• Article Justice Tech was featured in November 27 Law360 piece “The Case for Co-Regulation of Justice Tech Platforms”

Gillian Fenton, Esq., CLP (C-IP² Practitioner in Residence; Founder and Managing Director, LST Strategies LLC)

• • On September 12, participated as the invited speaker at an in-person event hosted by the D.C. Chapter of LES on the topic of “Navigating the US Manufacturing Requirement of the Bayh-Dole Act: Practice, Policy and Pitfalls”
  • Attended the Bayh-Dole Coalition’s September “Faces of American Innovation” event in Washington, D.C.
  • In October, participated in the CSIS LeadershIP Roundtable on CSIS’s IP Transition Report (Part 1 of 3)
  • On October 10, attended the Technology Council of Maryland’s 2024 Bio Innovation Conference
  • In October, gave an in-person presentation at an event hosted by the D.C. Chapter of LES entitled “Navigating the US Manufacturing Requirement of the Bayh-Dole Act: Practice, Policy and Pitfalls”
  • On October 17-18, attended C-IP²’s 2024 Annual Fall Conference
  • Attended the Licensing Executives Society (USA & Canada) October 20-23 2024 Annual Meeting in New Orleans, LA, serving as a panelist at two workshops (“The US Manufacturing Requirement of the Bayh-Dole Act – Analysis and Practical Tips” and “Problematic Provisions – Parts of IP Licenses that Nobody Likes to Deal With”)
  • In October, served as Instructor for the inaugural presentation of LES’s Negotiation Skills Course (intermediate level)
  • On October 28, spoke on the panel “The CDMO Surge & Potential IP Landmines in Outsourcing” at IPWatchdog’s Life Sciences Masters 2024™ conference in Ashburn, VA
  • In November, taught Legal and IP Modules of an LES course on Due Diligence
  • Participated in C-IP²’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

Jon M. Garon (C-IP² Senior Scholar; Professor of Law and Director of the Intellectual Property, Cybersecurity, and Technology Law program, Nova Southeastern University Shepard Broad College of Law)

• • In September, gave keynote address on “Online & Hybrid Pedagogy and AI: Intersections, Connections, and Opportunities” at the Online & Hybrid Learning Pedagogy: Toward Defining Best Practices in Legal Education conference hosted by University of Denver Sturm College of Law
  • Was interviewed for September 23 10,000 Startups Podcast episode on “The Influencer Economy”
  • Was featured in September 26 Mako Media article “Law professor publishes book on effects of emerging technology” on his book How AI, Metaverses, Crypto, and Cyber will Upend the 21st Century
  • At the September ABA Fall Business Law Section Meeting, spoke as a panelist on “Business Lawyer’s Guide to U.S. Privacy Laws 2024” and on “Say it with Pride: What Every Business Needs to Know about the Influencer Economy”
  • Served as a panelist on the September ABA Podcast Series webinar “Intersections of GenAI and Cybersecurity: Reckoning and Responding to the Risk”

Dr. Ani Harutyunyan (C-IP² Practitioner in Residence; Director of Research, Sunwater Institute)

• • In November, joined C-IP² as a Practitioner in Residence

Camilla A. Hrdy (C-IP² Scholar; Associate Professor of Law, Rutgers Law School)

• • Was mentioned in Rutgers Camden September announcement “Rutgers University–Camden Welcomes New Faculty Members for 2024–25 Academic Year”

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Senior Fellow and Academic Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Carey Law School)

• • Was quoted in September 16 New York Post story “TikTok grilled in appeals court as judges consider challenge to sale-or-ban bill”

Steven D. Jamar (C-IP² Senior Scholar; Associate Director, Institute for Intellectual Property and Social Justice (IIPSJ); Professor Emeritus, Howard University School of Law)

• • Participated in the November 1-2 IIPSJ 2024 Mosaic IP Law and Policy Roundtable Conference at Marquette University School of Law in Milwaukee, WI, providing comments and feedback on several of the works-in-progress presentations
  • On November 14, a book launch reception was held at Meta in Washington, D.C. for The Cambridge Handbook of Intellectual Property and Social Justice, edited by Lateef Mtima and Steven Jamar

Joshua Kresh (C-IP² Interim Executive Director)

• • Organized and participated in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
  • On September 30, attended the 1st Annual Digital Piracy Symposium “21st Century Piracy: A Discussion on Digital Piracy Harms and Solutions” of the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC)
  • Organized C-IP²’s October 17-18 2024 Annual Fall Conference and interviewed Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal for the keynote/fireside chat
  • Co-organized and led C-IP²’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

Erika Lietzan (C-IP² Senior Scholar; William H. Pittman Professor of Law & Timothy J. Heinsz Professor of Law, University of Missouri School of Law)

• • Participated as a Distinguished Commentator in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
  • On September 26-27, participated in a symposium at NYU Law School’s Engelberg Center entitled “Health Care at Reasonable Cost: The Hatch-Waxman Act at 40 and Beyond.” In the recording, Professor Lietzan discusses how the IRA drug price “negotiation” statute interacts with the Hatch-Waxman framework and explains “that the timing of the two frameworks are fundamentally misaligned, which may further undermine incentives to innovate.”
  • On October 8, participated in a Hudson Institute webinar entitled “Do Drug Patents Cause High Prices?” (recording available on YouTube), in which the speakers “discussed the importance of evidence-based policymaking, and the work that has been done to explore the connection between drug patents and drug prices.” Professor Lietzan focused on her 2023 paper Solutions Still Searching for a Problem, “which audited the primary empirical dataset offered to substantiate claims that pharmaceutical companies engage in ‘everg[r]eening.”” For further reading, see The “Evergreening” Metaphor, also by Professor Lietzan, which “explain[s] the basic conceptual flaw with the evergreening argument in more detail.”
  • Participated in C-IP²’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

Daryl Lim (C-IP² Senior Scholar; H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; and co-hire, Institute for Computational and Data Sciences, Penn State University)

• • Served as chairperson for September 11 hybrid Practising Law Institute (PLI) program entitled “Global IP Spotlight: China”
  • Chaired the October Practising Law Institute (PLI) program “Global IP Spotlight – China”
  • Was mentioned in Penn State Dickinson Law October post “Associate Dean Daryl Lim Weighs In On DOJ Clearance Of Juniper Networks-HPE Merger”
  • Was mentioned in Penn State Dickinson Law October post “Associate Dean Daryl Lim Shares Insights at the CIArb-IPOS Conference on IP and Technology Dispute Resolution”

Adam MacLeod (C-IP² Senior Scholar; Professor of Law, Faulkner University, Thomas Goode Jones School of Law; Research Fellow, Center for Religion, Culture, and Democracy)

• • Was mentioned in November AEI story “‘Propertizing’ Privacy: Evaluating the Merits of a Property-Based Approach to Personal Data Protection” regarding a December event

Keith Mallinson (C-IP² Practitioner in Residence; Founder, WiseHarbor)

• • In September, joined C-IP² as a Practitioner in Residence
  • On October 18, spoke on the panel “SEP Current & Proposed Regulations” at C-IP²’s 2024 Annual Fall Conference

Dr. William Matcham (C-IP² Scholar; Assistant Professor (Lecturer) of Economics, Royal Holloway University of London)

• • In October, joined C-IP² as a Scholar

Michael Mireles (C-IP² Senior Scholar; Professor of Law and Director, Intellectual Property Certificate Concentration, University of the Pacific McGeorge School of Law)

• • Gave a presentation on “Cybersecurity and Intellectual Property” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)

Emily Michiko Morris (C-IP² Senior for Life Sciences and Scholar; C-IP² 2021-2022 Edison Fellow; David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law)

• • Gave a presentation on “Weak Pharma Patents” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)
  • Organized the October 18 panel “March-In Rights” for C-IP²’s 2024 Annual Fall Conference
  • Spoke on the November 19 Federalist Society panel “Does Jarkesy Doom the Preserve Access to Affordable Generics and Biosimilars Act?”
  • Co-organized and participated in C-IP²’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

Lateef Mtima (C-IP² Senior Scholar; Professor of Law, Howard University School of Law; Founder and Director, Institute for Intellectual Property and Social Justice (IIPSJ))

• • On September 20, moderated a panel on “Law Firm Diversity Initiatives”at the Innovator Diversity Pilots Conference hosted by the Emory University School of Law
  • Spoke on the panel “Intellectual Property Rights in the Age of AI” at the North Carolina Central University School of Law Technology Law & Policy Property Center’s October 11 2024 Annual Law and Technology Summit in Durham, NC
  • Moderated the October 17 panel “Copyright and the Individual” at C-IP²’s 2024 Annual Fall Conference
  • Organized and participated in the November 1-2 IIPSJ 2024 Mosaic IP Law and Policy Roundtable Conference at Marquette University School of Law in Milwaukee, WI
  • On November 14, a book launch reception was held at Meta in Washington, D.C. for The Cambridge Handbook of Intellectual Property and Social Justice, edited by Lateef Mtima and Steven Jamar

Loren Mulraine (C-IP² Senior Scholar; Professor of Law, Director of Music and Entertainment Law Studies, Belmont University – College of Law)

• • On September 19, presented an update on copyright law at the 40^thAnnual Fall Institute on Intellectual Property Law sponsored by the University of Houston Law Center Institute for Intellectual Property & Information Law [view brochure/program]

Christopher M. Newman (C-IP² Scholar; Associate Professor of Law, George Mason University Antonin Scalia Law School)

• • September Scalia Law faculty news announced role as an associate reporter for the American Law Institute to draft the Restatement (Fourth) of Property

Seán M. O’Connor (C-IP² Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • On September 30, spoke on the panel “Overview, Best Practices, and Potential Solutions” at the 1st Annual Digital Piracy Symposium “21st Century Piracy: A Discussion on Digital Piracy Harms and Solutions” of the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC)
  • Gave the keynote address on “Copyright as a Matter of Style” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)
  • On October 22, gave an Intellectual Property and Technology Law Program Speaker Series lecture on “Copyright as a Matter of Style” at University of Illinois Urbana-Champaign School of Law in Champaign, IL 

Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar; Associate Dean of Academic Affairs, Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law)

• • On September 27, presented on “IP, AT, and AAAs: What Intellectual Property Can Teach Antitrust About the War on Amazon Basics” at the Belmont University Law School Belmont Law Review Symposium
  • Signed September 18 and September 25 letters of law professors submitted to the Senate Judiciary Committee in support of PERA
  • Regarding the start of the Inventors Defense Alliance: Was quoted in September 19 IPWatchdog article “New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital,” September 19 Law360 article “New Patent Legal Group Launches To Assist Inventors” (see also post by the International Center for Law & Economics “Kristen Osenga on the Inventors Defense Alliance”), and IAM September 25 article “New lobby group to advocate for inventors using litigation finance”
  • Spoke on the panel “Litigation Funding” and moderated the panel “SEP Current & Proposed Regulations” at C-IP²’s 2024 Annual Fall Conference:
  • Was quoted in October 10 IPWatchdog business story “Inventors Group to U.S. Courts Committee: Don’t be Duped by Corporate Call for Litigation Funding Transparency”

Michael Risch (C-IP² Senior Scholar; Vice Dean and Professor of Law, Villanova University Charles Widger School of Law)

• • Was quoted in October 21 Bloomberg Law article “NJ Transit Patent Immunity Claim Crosses Circuit-Court Divide” 

Alexandra Jane Roberts (C-IP² Senior Scholar; Professor of Law and Media & Faculty Director, Center for Law, Information and Creativity (CLIC), Northeastern University School of Law)

• • In September, presented “Multi-Level Lies” at Seattle University School of Law’s faculty development series
  • In September, was quoted in AP News, Yahoo, FastCompany, ABCNews, Fox5 DC, and appeared on “In the Courts” with Katie Barlow, LiveNow Fox with Andrew Craft, CNN, and CBSNews discussing trademark issues around TikToker Jools Lebron’s “very demure, very mindful” phrase
  • Was quoted in a September 18 Northeastern Global News article about a stalled Prince documentary
  • In October, hosted an event on politicians’ unauthorized use of musician’s songs; the video is available here
  • Presented article Of Marks & Minors at the Suffolk University Sixth Annual Intellectual Property & Innovation Conference
  • Served as a commentator at the Harvard, NYU, and UPenn Trademark and Unfair Competition Scholarship Roundtable
  • Presented article Multi-Level Lies at the Boston University School of Law IP Workshop
  • Article Dupes was accepted by and is forthcoming in NYU Journal of IP & Entertainment Law
  • Was quoted in an October 11 Washington Examiner article about artists’ objections to politicians’ use of their songs
  • On November 14, participated in the Northeastern University School of Law event “Student Breakfast and Discussion with Practitioner-in-Residence Carrie Goldberg,” interviewing Ms. Goldberg of C.A. Goldberg, PLLC about her law practice and her book “Nobody’s Victim”
  • On November 21, served as a panelist and moderator/host for the panel event “Feminist Cyberlaw” at Northeastern University School of Law’s Center for Law, Information & Creativity (CLIC) (video to be added to the event page)
  • Was quoted in November 26 The Verge article “Bad influence” about a lawsuit one social media influencer brought against another alleging copyright infringement, misappropriation of likeness, unfair competition, and more
  • Professor Roberts’ new research (see 2024 article Dupes) was discussed in November 26 Northeastern Global News piece “From Drunk Elephant substitutes to Ray-Ban knockoffs, is that ‘dupe’ legal?”
  • Was quoted in November 29 Front Office Sports article “The PWHL Could Be Inviting a Date With Taylor Swift’s Legal Team” about Taylor Swift and the Toronto Sceptres

W. Keith Robinson (C-IP² Senior Scholar; Professor of Law, Wake Forest University School of Law)

• • Was mentioned in September 10 Patently-O post “2nd Innovator Diversity Pilots Conference: Advancing Inclusion in Innovation”
  • On September 20, spoke on the panel “Diversity In Innovation: What We’ve Learned, What We Need to Know, and Where We’re Headed” at the Innovator Diversity Pilots Initiative Conference at Emory University Law School, Atlanta, GA
  • On September 25, spoke on “Balancing Artificial Intelligence Advancements and ESG Goals: Intellectual Property Perspectives” at the Multidisciplinary Summer School on Corporate Sustainability: ESG is Here to Stay at Università degli Studi di Padova in Padova, Italy
  • Spoke on “AI-Assisted Inventions and the USPTO Technology Transfer” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)
  • Spoke on the panel “AI Law, Policy, and Governance: Building Trust in the Age of Intelligent Machines” at the North Carolina Central University School of Law Technology Law & Policy Property Center’s October 11 2024 Annual Law and Technology Summit in Durham, NC
  • Spoke on “Artificial Intelligence and the Fluid Sealing Industry: Opportunities and Challenges” as Keynote Speaker for the October 22 2024 Annual Meeting of the Fluid Sealing Association in Denver, CO
  • Moderated the panel “Introduction to AI and Healthcare” at the October 25 Wake Forest Journal of Law and Policy Symposium, held at Wake Forest University School of Law in Winston-Salem, NC
  • Spoke on “How Artificial Intelligence will Reshape Law, Society, and Responsibility” for the October 29 Lifelong Learning Annual Fall Lecture at Wake Forest University in Winston-Salem, NC
  • On November 4, spoke on “Issues with Generative AI and Copyright, Trademark and Patent Law” at the LMU Law Review Symposium Fall 2024, A Changing Profession in a Changing World: Discussions on Artificial Intelligence and Climate Change in the Law, held at Lincoln Memorial University Duncan School of Law in Knoxville, TN (learn more about the panels)
  • On November 19, spoke on “Accountability, Responsibility, and Transparency in AI Patents” at the Faculty Work in Progress Talk at Elon University School of Law in Greensboro, NC 

Zvi S. Rosen (C-IP² Scholar; Assistant Professor of Law, Southern Illinois University School of Law)

• • On October 8, presented at Federalist Society event “The Future of Law in an AI World”
  • Narrated an explainer video (published October 21; animated by the Regulatory Transparency Project and already at over a quarter million views) about fair use after the Warhol decision

Mark F. Schultz (C-IP² Senior Scholar; Goodyear Tire & Rubber Company Chair in Intellectual Property Law, University of Akron School of Law; Director, Center for Intellectual Property Law and Technology)

• • Participated as a Distinguished Commentator in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
  • Moderated the panel “Continuation, Obvious Type Double Patenting, and Terminal Disclaimers” at C-IP²’s 2024 Annual Fall Conference
  • Participated in C-IP²’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA 

Ted Sichelman (C-IP² Senior Scholar; Professor of Law, University of San Diego School of Law; Director, Center for Intellectual Property Law & Markets; Founder & Director, Center for Computation, Mathematics, and the Law; Founder & Director, Technology Entrepreneurship and Intellectual Property Clinic)

• • Participated as a Distinguished Commentator in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA

Dr. Bhamati Viswanathan (C-IP² Scholar; Assistant Professor of Law, New England Law | Boston)

• • Participated as a Fellow in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
  • Attended the Copyright Society’s September 30 Copyright+Tech Conference at Fordham University Law School

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Scholarship & Other Writings

Kristina M.L. Acri née Lybecker, The Importance of Injunctive Relief and the RESTORE Patent Rights Act (Ctr. for Intell. Prop. x Innov. Pol. Nov. 2024)

Sandra Aistars and Matthew Hersh, “Brief of Tattoo Artists Ross C. Berg, Jonny Gomez, and Maxime Plesciabuchi in Support of Plaintiff-Appellant and in Support of Reversal” (U.S. October 2024) — in the case Jeffrey B. Sedlik v. Katherine Von Drachenberg, Kat Von D, Inc., High Voltage Tattoo, Inc.

Jonathan Barnett, “AI Ecosystem Poses IP Risk and Antitrust Considerations,” Bloomberg Law (November 14, 2024)

Jonathan Barnett, The Big Steal: Ideology, Interest, and the Undoing of Intellectual Property (Oxford University Press) [Amazon | Oxford University Press]

Jonathan Barnett, An Unconventional View of Intellectual Property and Antitrust Policy (October 07, 2024). Competition Policy International, TechREG Chronicle (Sept. 2024), USC CLASS Research Paper No. 24-29 [PYMNTS | SSRN]

Jonathan M. Barnett, “Why Robust Intellectual Property Rights in Wireless Technologies Are a National Security Imperative,” Hudson Institute (August 23, 2024)

Theo Cheng, “Bracketing in Negotiations and Mediations,” New York State Bar Association Entertainment, Arts & Sports Law Journal Vol. 35 No. 3 (October 2024)

Tabrez Ebrahim, Comparative Intellectual Property & Religion (November 12, 2024). 14 IP Theory 1 (2024)

Tabrez Ebrahim, Data in Business & Society (June 26, 2024). Lewis & Clark Law Review, Vol. 28, Issue 2 (2024)

Tabrez Ebrahim, Justice Tech (November 12, 2024). 102 Denver Law Review Forum (2024)

Ani Harutyunyan, Matthew Chervenak, Mark Schankerman, William Matcham, & Nishant Shrestha, Patent Quality in the United States: Findings and Suggestions for Policymakers, Sunwater Institute (September 2024) [Dr. Ani Harutyunyan and Dr. William Matcham are both 2022-2024 C-IP² Edison Fellows]

Dr. Gabriela Lenarczyk, Patent pledges na tle polskich instytucji prawnych, ze szczególnym uwzględnieniem licencji otwartej [Patent Pledges in the Context of Polish Legal Institutions, with Special Emphasis on Licences of Right], rev. Prof. Marek Salamonowicz; Prof. Marek Świerczyński. Warsaw: Publishing House of ILS PAS. ISBN: 978-83-66300-96-5 (2024)

Johnathon Liddicoat, Ashleigh Hamidzadeh, Kathleen Liddell, & Mateo Aboy, How many drugs are repositioned each year in Europe?, The Journal of World Intellectual Property published by John Wiley & Sons Ltd. (October 21, 2024)

Keith Mallinson, “Panel on ‘SEP Current & Proposed Regulations’ at C-IP2’s 2024 Annual Fall Conference,” C-IP² Blog (November 20, 2024)

Peter S. Menell and Lateef Mtima, Exploring the Economic, Social, and Moral Justice Ramifications of the Warhol Decision (February 2, 2024). Columbia Journal of Law & the Arts, Vol. 47, 2024

Emily Michiko Morris & Douglas Park, “What the FTC Gets Wrong About the FDA’s Orange Book,” C-IP² Blog (November 18, 2024)

Elisabeth Opie and Keith Mallinson, “To boost the EU’s global competitiveness, we must change course on industrial and innovation policy,” The Parliament Magazine (September 25, 2024)

Kristen Jakobsen Osenga, “Column: Senate bill would endanger medical research and innovation,” The Virginian Pilot (September 4, 2024)

Kristen Osenga, “Commentary: With two reforms, Congress can usher in a new era of American invention,” Richmond Times-Dispatch (November 19, 2024)

Kristen Osenga, “‘Litigation Transparency’ Proposal Would Give Big Tech a License to Steal,” San Marcos Record (October 30, 2024) [Also at Queen Creek Independent (October 31, 2024) & The Wilson Times (November 3, 2024) & The Richmond Observer (November 7, 2024) & Longview News-Journal (November 8, 2024)]

Kristen Osenga, “Panelists at George Mason’s IP conference debate litigation funding,” C-IP² Blog (November 19, 2024)

Alexandra Roberts, “Service Dress: Trademark Law’s Secret Third Thing,” JOTWELL (September 4, 2024) (reviewing Dustin Marlan, Tertium Quid Unveiled: Trade Dress and Service Design, 58 UC Davis L. Rev. __ (forthcoming 2024/2025))

The Hon. Randall R. Rader, David J. Kappos, & Mark A. Cohen, TCL v. Access Advance, Shenzhen Intermediate People’s Court, Intellectual Property Division – Brief of Randall R. Rader, David J. Kappos and Mark A. Cohen (U.S. October 2024) [more information at China IPR]

W. Keith Robinson, Acing Intellectual Property: A Checklist Approach to Solving Intellectual Property Problems (2d ed. West Academic 2024)

Zvi S. Rosen, “What Does John Cage Have to Do with AI Authorship?,” Mostly IP History (November 29, 2024)

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Greetings from C-IP² Interim Executive Director Joshua A. Kresh

I am pleased to report that we have had a productive spring and are working on several items for this summer and fall. Since our last report, we published several policy briefs on pending legislation, held our launch event for our 5G book, welcomed our new Edison Fellows for their first meeting (and saw several publications from earlier Fellows), and ran the 2024 WIPO-U.S. Summer School on IP. I will share more details about the Summer School, and links to some session’s recordings, in our fall report.

We are looking forward to our Copyright Roundtable in the next few weeks and have sent a save the date for our Annual Fall Conference this October 17-18, which will explore the importance of exclusive rights in the patent and copyright industries, the historical basis for those rights, and what happens to innovators and creators if the rights are not protected. More details about the Fall Conference will follow soon, as we invite speakers and finalize our panels. If you are interested in sponsoring the conference and/or have an interest in speaking, please let us know.

We at C-IP², along with George Mason University and Scalia Law School, are also working on a fundraising campaign. As you may know, C-IP² is a non-profit center fully funded by private donations, and support is vital for us to continue our programming. We have been in touch with many of our sustaining donors and greatly appreciate their continued support. I look forward to following up with those I have not spoken with in the near term. For others on our list who have not regularly supported us, if you are interested in doing so, please reach out, and I would be glad to speak with you. I am always happy to discuss various ways to get involved with us and am open to setting up a call or in-person meeting.

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C-IP² Hosted & Co-Hosted Events

First Meeting of the 2024-2025 Thomas Edison Innovation Fellowship
On March 21-22, C-IP² hosted the first meeting of the 2024-2025 Thomas Edison Innovation Law and Policy Fellowship in La Jolla, CA. Meeting One was for the purpose of the Edison Fellows presenting their research proposals. Edison Fellows submitted brief synopses detailing their proposed theses and research, and Distinguished Commentators and other Edison Fellows commented on the research proposals.

Webinar: Arts & Entertainment Advocacy Clinic
On April 2, the Scalia Law Arts & Entertainment Advocacy Clinic (led by Professor Sandra Aistars) and the Washington Area Lawyers for the Arts (WALA), co-hosted an open-to-the-public webinar on “Resolving Copyright Disputes Without Going to Court.”

Book Launch Event for 5G & Beyond
On April 15, C-IP² hosted a livestreamed book launch event for 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things. The book, edited by Professors Jonathan M. Barnett and Seán M. O’Connor, was coordinated by C-IP² and published by Cambridge University Press. A recording of the book launch, a blog post recounting highlights from the event, and the book itself (available both in PDF format and to order) are all available online. Many thanks to the Washington, D.C. office of Cravath, Swaine & Moore LLP for providing the venue for the book launch.

Visit from WIPO Executive Director Sherif Saadallah
On April 23, C-IP² was pleased to receive a visit from WIPO Executive Director Sherif Saadallah. Mr. Saadallah met with C-IP² staff to discuss the WIPO-U.S. Summer School on IP, which C-IP² is in its seventh year of hosting in collaboration with WIPO. Our thanks to Mr. Saadallah and to David Grossman, Professor Christopher Newman, and Professor Seán O’Connor for participating in the visit and speaking with Mr. Saadallah about IP at Scalia Law.

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News & Speaking Engagements

Professor Sandra Aistars Gives Testimony on AI & Authorship, Creative Works

• • On March 27, C-IP² Senior Fellow for Copyright Research and Policy & Senior Scholar Sandra Aistars testified to the U.S. Copyright Office and USPTO during an Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership “Public Symposium on AI and IP.” The event was a joint hearing on authorship and AI hosted both in person and virtually at Loyola Law School, Loyola Marymount University, Los Angeles, California. It featured opening remarks from USPTO Director Kathi Vidal. Professor Aistars addressed the topic “Generative AI as Author or Inventor? A Comparison of Copyright and Patent Analyses.”
  • On April 10, Professor Aistars testified at the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet during the hearing on “Artificial Intelligence and Intellectual Property: Part III – IP Protection for AI-Assisted Inventions and Creative Works.” A recording of the hearing has been published on the Committee’s website, and Professor Aistars’ written evidence is available as a paper on the committee’s website as well as on SSRN. This paper has been listed on various SSRN Top Ten download lists—including those for Visual, Performing & Fine Arts Research Network; RWRN Subject Matter eJournals and Rhetoric & Writing Research Network; Art Law; and Writing Law—in addition to being featured in corresponding ejournals. Professor Aistars’ testimony was also featured in Scalia Law’s May 30 “Alumni News from the Antonin Scalia Law School” newsletter.

Amicus Briefs in Hachette v. Internet Archive

C-IP² Scholars wrote, organized, and/or joined at least two notable amicus curiae briefs in support of Hachette Book Group Inc. in its copyright infringement lawsuit against the Internet Archive:

• • A March 22 Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance in Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC v. Internet Archive was signed, among others, by Sandra Aistars (who also coordinated the brief), John Duffy, Jon Garon, Joshua Kresh, Loren Mulraine, Chris Newman, Seán O’Connor, Eric Priest, Zvi Rosen, Mark Schultz, and Bhamati Viswanathan.
  • Another March brief was filed by Former Government Officials, Former Judges, and IP Scholars. Signees included the Hon. Susan G. Braden, Bowman Heiden, Justin (Gus) Hurwitz, Daryl Lim, Adam MacLeod, the Hon. Paul Michel, Kristen Osenga, and the Hon. Randall R. Rader.

Patent Law: Policy Briefs, Blog Post, Academic Article

• • C-IP² Senior Scholar Saurabh Vishnubhakat authored the April 2024 C-IP² policy brief “Toward the Substitutionary Promise of PTAB Review” on the PREVAIL Act.
  • C-IP² Senior Fellow for Innovation Policy Kristen Jakobsen Osenga authored the April 2024 C-IP² policy brief “Restoring Predictability to Patent Eligibility” on the Patent Eligibility Restoration Act (PERA).
  • Professor Emily Michiko Morris and Joshua Kresh co-wrote a May 20 C-IP² blog post entitled “Pharmaceutical ‘Nominal Patent Life’ Versus ‘Effective Patent Life,’ Revisited,” showing how the authors’ study of actual time to generic entry for more than one hundred of 2012’s top-selling drugs suggests that “evergreening” does not stop generic entry and that “thickets”—if they even exist—appear to be rather easy to circumvent.
  • Justus Baron, along with co-authors Santiago Bergallo and Dr. Eric Sergheraert, authored Empirical Analysis of the German Caselaw on SEP Injunctions after Huawei v ZTE, which was submitted for the Northwestern Law & Econ Research Paper No. 24-07 in May. Dr. Baron had spoken at C-IP²’s 2023 Annual Fall Conference on the panel “SEP Licensing & the European Courts: What Are They Doing Right?”, and his authorship of the paper was partly funded in relation to the conference.

Updates from Former and Current Thomas Edison Innovation Fellows

• • 2021-2022 Fellowship
    • 2021-2022 C-IP² Edison Fellow Molly Torsen Stech’s new paper, Copyright Thickness, Thinness, and a Mannion Test for Images Produced by Generative Artificial Intelligence Applications, was published in December 2023 by the Boston College Intellectual Property & Technology Forum Journal [also available on SSRN].
  • 2023-2024 Fellowship
    • Melissa Eckhause, Closed Doors to Justice: How the Copyright Claims Board Is Shutting Out Pro Se Litigants, Volume 43, Cardozo Arts & Entertainment Law Journal (Forthcoming)
      • Description: This article analyzes the claims filed during the CCB’s inaugural year and concludes that it is failing its intended audience—pro se parties—whose claims are being rejected because of strict regulations and stringent pleading standards. Therefore, the article suggests proposals for reforming the CCB to make it more accessible to unrepresented parties.
      • In May, Professor Eckhause presented her paper at the Ninth Copyright Scholarship Roundtable hosted by the University of Pennsylvania Carey Law School and Columbia Law School and at the Conference on Innovation and Communications Law hosted by the University of Leeds. She also presented her research to the Federal Bar Association, Eastern District of Michigan Chapter on June 20.
    • Michael Goodyear, Infringing Information Architectures (March 5, 2024). 58 UC Davis L. Rev. __ (forthcoming 2025).
      • Description: This Article examines the history of what it terms architectural infringement claims, systemic secondary copyright infringement claims against product and service providers for the infringements of all their users. It reveals how these providers’ intent (or lack thereof) animated courts and Congress’ refinements of secondary copyright infringement liability and suggests how this same intent polestar could be used to maintain balanced copyright law in response to emerging architectural infringement challenges involving technologies such as artificial intelligence and blockchain.
    • Fidelice Opany, Collective Bargaining of Patent Licences (May 23, 2024). Currently undergoing peer review with the Oxford University Press Journal of Intellectual Property Law & Practice.
      • Description: This paper examines whether allowing implementers to collectively negotiate licenses for standard-essential patents can alleviate patent holdup and patent holdout. It finds that, subject to establishing certain safeguards, the proposed collective bargaining framework could reduce patent holdup and patent holdout, thereby improving the licensing of standard-essential patents.
    • Nicola Searle, Uncertainty in Knowledge Value and Employee Restrictions (Forthcoming)
      • This paper explores how the value of knowledge held by firms affects the balance between firm interests and employee rights, focusing on the role of valuation uncertainty. Through a mixed-methods analysis of criminal trade secret disputes, it finds that while higher knowledge value leads to more employee restrictions, uncertainty undermines the link between value and restrictions, thus impacting the balance between competing interests.
    • David A. Simon, The Gatekeepers of Medical Innovation (Forthcoming Fall 2024)
      • Description: Professor Simon’s paper asks how lowering evidentiary standards for drug approval would affect the broader regulatory ecosystem. He concludes that changing drug approval standards is potentially beneficial, but also disruptive and of uncertain benefit. This suggests reform to drug approval should be methodical, carefully controlled, and measured.
    • Current 2024-2025 Fellowship
      • From 2024-2025 Edison Fellow Mark Cohen
        • In March, delivered a lecture on U.S.-China Trade and IP at the University of Maribor, Slovenia
        • In April, met with MERICS in Berlin to talk about export controls in the EU and China’s own regulations regarding tech transfer and IP licensing
        • In April, gave a talk at Jagellonian University on the EU and International Trade/Dispute 611 at the WTO involving Standards Essential Patents
        • Participated in the May 29 “Patent Law Roundtable: Commemorating the 400th anniversary of the Statute of Monopolies,” co-sponsored by Oxford University, Loyola Marymount University, and George Washington University and hosted at GWU

Great Strides and Good News for Mason and Scalia Law

• • Scalia Law was recently featured in the Fairfax County Times article “People and Places – Week of April 19, 2024:” In U.S. News Rankings, “Antonin Scalia Law School’s law program advanced to No. 11 among public schools and No. 28 among all law schools nationally. With this move, it now ranks third among all law schools in Washington, D.C., Maryland, and Virginia. The part-time program ranks second nationally among all public law schools. … “’The law school achieved the highest ranking in the school’s history at No. 28,’ said Scalia Law Dean Ken Randall. ‘The part-time JD program remains among the top five nationally. Despite its relative youth, Scalia is ranked No. 3 among the 16 law schools in Virginia, Washington, D.C., and Maryland, behind only UVA and Georgetown.’”
  • George Mason University is mentioned in Entrepreneur’s May 21 collection of industry experts talking about the top universities to attend for entrepreneurship.
  • Scalia Law’s 24th Annual Judicial & Legislative Reception was held on May 22 in the Law School’s Hazel Hall Robert A. Levy Atrium. Joshua Kresh attended and had the opportunity to meet with Judge Pauline Newman of the Federal Circuit, who was also in attendance.

C-IP² Advisory Board News

• • C-IP² Advisory Board Members the Hon. David Kappos and the Hon. Paul Michel spoke on the March 5 Information Technology and Innovation Foundation (ITIF) event “Preserving U.S. Leadership in Biopharmaceutical Innovation” in Washington, D.C.
  • On April 16, C-IP² Advisory Board Member the Hon. Paul Michel participated in a debate/webinar on PERA and the PREVAIL Act entitled “Current Patent Legislation and the Small Inventor: Deja vu all over again” with Paul Morinville.
  • On April 23, C-IP² Advisory Board Member Keith Kupferschmid—President and Chief Executive Officer of the Copyright Alliance—gave opening remarks for the virtual panel “Sustaining & Empowering the Creative Community through Copyright.”
  • C-IP² Advisory Board Member Maria Pallante (President and CEO, Association of American Publishers) co-authored April 26 The Hill article “Generative AI is generating astronomical profits by trampling authors and publishers” with Mary Rasenberger (CEO, The Authors Guild) and Danielle Coffey (President & CEO, News/Media Alliance).
  • The copyright community thanks Ben Sheffner, Senior Vice President & Associate General Counsel, Law & Policy, of the Motion Picture Association, who gave witness testimony to the Senate Judiciary Committee on behalf of the MPA on April 30. Read Mr. Sheffner’s testimony.

Congratulations are in order!

• • Antonin Scalia Law School held its convocation on May 10 & 11 this spring. Congratulations to all graduates—we wish you all our best as you prepare for the bar and enter your legal careers.
  • Our very best wishes and many thanks to Professor Dale Lazar, who has officially retired from his career with George Mason University Antonin Scalia Law School as of the end of the Spring 2024 semester. Over these past years, Professor Lazar has been invaluable to C-IP² in the running of the Innovation Law Clinic and as a regular instructor during the WIPO-U.S. Summer School on IP. Our team wishes him a very happy—and very well-deserved—retirement!
  • Congratulations to former C-IP² Research Assistant Sarah Kratt, who graduated magna cum laude from George Mason University Antonin Scalia Law School and received the Marketplace of Ideas Award—an award given to graduating students who demonstrate a passion for advocacy and a willingness to challenge and respectfully debate opposing views. Ms. Kratt will join Covington & Burling LLP as an associate in their patent litigation group after sitting for the D.C. Bar in July.
  • Congratulations to former C-IP² Research Assistant Seraphima Morrow, who accepted a Summer 2024 internship at the Motion Picture Association!
  • Congratulations to former C-IP² Research Assistant Jack Ring on his graduation this spring! His work on the book 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things was especially invaluable during his time with C-IP² (he also wrote a blog post on the book launch). In addition, we’re pleased to congratulate Mr. Ring on accepting a Court of Federal Claims clerkship for 2024!
  • Congratulations to former C-IP² Research Assistant Valerie Yu and her “DUNGEONS & DAMAGES” teammates, who were victors at Games Industry Law Summit’s Legal Challenge VII in March 2024!

 

Sandra Aistars (C-IP² Senior Fellow for Copyright Research and Policy & Senior Scholar; Founding Director, Arts & Entertainment Advocacy Clinic; Clinical Professor of Law, George Mason University Antonin Scalia Law School)

• • Coordinated and signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • On March 13, spoke on fair use for the virtual WIPO panel “Ninth Session of the WIPO Conversation ‘Training the Machines – Bytes, Rights and the Copyright Conundrum.’” (A recording is available on WIPO’s website, as are related additional documents.). The session was attended live by more than 1,500 participants internationally.
  • On March 27, testified to the U.S. Copyright Office and USPTO during an Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership “Public Symposium on AI and IP,” a joint hearing on authorship and AI hosted both in person and virtually at Loyola Law School, Loyola Marymount University, Los Angeles, California, and featuring opening remarks from USPTO Director Kathi Vidal. Professor Aistars joined to speak virtually on the panel “Generative AI as Author or Inventor? A Comparison of Copyright and Patent Analyses.”
  • On April 2, the Scalia Law Arts & Entertainment Advocacy Clinic, founded and directed by Professor Aistars, partnered with WALA for the virtual legal clinic “Resolving Copyright Disputes Without Going to Court”
  • On April 10, testified at the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet during the hearing on “Artificial Intelligence and Intellectual Property: Part III – IP Protection for AI-Assisted Inventions and Creative Works.” A recording of the hearing has been published on the Committee’s website, and Professor Aistars’ written evidence is available as a paper on SSRN. This paper has been listed on various SSRN Top Ten download lists—including those for Visual, Performing & Fine Arts Research Network; RWRN Subject Matter eJournals and Rhetoric & Writing Research Network; Art Law; and Writing Law—in addition to being featured in corresponding ejournals. Professor Aistars’ testimony was also featured in Scalia Law’s May 30 “Alumni News from the Antonin Scalia Law School” newsletter.
  • In May, was interviewed for the June 6 POLITICO Tech podcast episode “Whose voice is it anyway? When AI comes for the rich and famous” on the dispute between actress Scarlet Johannson and Open AI (listen online or using the Apple Podcasts app)

Olufunmilayo B. Arewa (C-IP² Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • On April 12, gave a presentation related to forthcoming book Curating Black Culture: Music, Ownership and Commodification at the University of Minnesota Music Department”

Chief Judge Susan G. Braden (Court of Federal Claims (Ret.); C-IP² Jurist in Residence)

• • On March 5, attended and participated in the U.S. Chamber of Commerce Pre-Launch, March-In-Rights Coalition
  • On March 19, reviewed draft and signed onto Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit, 23-1260-cv, filed by Former Government Officials, Former Judges and IP Scholars in support of Plaintiffs-Appellees
  • On March 20, attended the U.S. Chamber of Commerce’s Capitol Hill briefing on “March-In Madness: Stop Political Games That Penalize American Innovation”
  • On April 4, attended and participated in the U.S. Chamber of Commerce BASIC Coalition
  • On April 8, commented on Statement of Work Proposal for the U.S. Chamber regarding March-In-Rights
  • On April 12, attended and participated in the U.S. Chamber of Commerce Strategy Call on March-In-Rights
  • On May 2, attended the U.S. Chamber of Commerce Strategy Call on March-In-Rights with former Senator Richard Burr, Ranking Member of the Senate Committee on Health, Education, Labor, and Pensions
  • On May 15, reviewed and commented on the U.S. Chamber comments on Intellectual Property commercialization for the USPTO
  • Was mentioned in May 29 TheDeal podcast recap “Drinks With The Deal: Covington’s Freling on Government Contracts, M&A”
  • On May 30, reviewed Senator Elizabeth Warren’s Press Release to “Cement Pharmaceutical Patent Policy”

Terrica Carrington (C-IP² Practitioner in Residence; Senior Counsel & Director, Law, Policy & International, Motion Picture Association)

• • Was mentioned in May 16 Law360 article “MPA Continues Growing Legal Dept. With New Associate GC”

Theo Cheng (C-IP² Practitioner in Residence; Arbitrator and Mediator, ADR Office of Theo Cheng LLC; Adjunct Professor, New York Law School)

• • On March 18, was a co-panelist on “Barking up the Right Tree – Successful Approaches to Advancing Careers in Arbitration,” a program sponsored by the New York State Bar Association Dispute Resolution Section’s Domestic Arbitration Committee
  • On March 21, was a co-panelist on “Diversity in ADR: Acknowledging and Addressing the Lack of Diversity in the Selection of Arbitrators and Mediators,” a program sponsored by the law firm of Genova Burns LLC in Newark, NJ
  • Also, in March 2024, the New York State Bar Association Entertainment, Arts & Sports Law Journal published Mr. Cheng’s column entitled “Considering Multiple Modalities of Alternative Dispute Resolution”
  • On April 23, moderated a webinar on “Unlocking Potential: Creating AI Use Cases in Legal Practice with Innovation, Testing, and Ethical Frameworks,” a program sponsored by the American Inns of Court
  • On May 9, was a panelist on “Innovation in Practice,” a program that was part of the Annual Meeting of the American Arbitration Association
  • On May 21, served as the program chair and panelist on “Adding Mediating to Your Career: How to Get Started in 2024,” a program sponsored by the New York City Bar Association

Eric Claeys (C-IP² Senior Fellow for Scholarly Initiatives & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • Organized and participated in the March 21-22 Edison Fellowship Meeting in La Jolla, CA 

Lolita Darden (C-IP² Scholar; Visiting Associate Clinical Professor and Director, Intellectual Property and Technology Clinic, The George Washington University Law School)

• • Was quoted in April 16 San Francisco Chronicle story “SFO vs. Oakland airport: Who would win legal battle over ‘San Francisco Bay’?”
  • Facilitated the May 21 virtual WALA Trademark “Basics” Workshop with Washington Area Lawyers for the Arts
  • Was mentioned in May 22 Patently-O post “Nominate Someone (Yourself?) for the USPTO’s Advisory Committees”

Gregory Dolin (C-IP² Senior Scholar; Associate Professor of Law, University of Baltimore School of Law)

• • Was quoted in April 16 IPWatchdog story “Newman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves Mental Fitness”
  • Was quoted in The Daily Record’s May 3 article “Can MD, states win in lawsuits against Meta? Experts say it depends.”
  • Was quoted in May 15 Law360 story “Newman Wasn’t At Fed. Circ. Conference, But She Was Invited.”

John F. Duffy (C-IP² Senior Scholar; Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law)

• • 2024 article Chevron, De Novo: Delegation, Not Deference is referenced in the Yale Journal on Regulation’s “Administrative Law SSRN Reading List, February 2024 Edition”
  • Participated as a Distinguished Commentator at the March 21-22 Edison Fellowship Meeting in La Jolla, CA
  • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)

Tabrez Ebrahim (C-IP² Scholar; Associate Professor of Law at Lewis & Clark Law School)

• • Article Islamic Intellectual Property was published in Seton Hall Law Review in April
  • As mentioned in a March 20 University of North Dakota Law story, was welcomed as a 2024 JISPA participant with the University of Houston Law Center

Laura R. Ford (C-IP² Scholar; Assistant Professor of Law, Faulkner University’s Thomas Goode Jones School of Law)

• • In May, book chapter “From Plato to WIPO: Old and New in Legal Harmonization” was published in Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás (Brill 2024)

Jon M. Garon (C-IP² Senior Scholar; Professor of Law and Director of the Intellectual Property, Cybersecurity, and Technology Law program, Nova Southeastern University Shepard Broad College of Law)

• • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • Book chapter “NFTS, the Metaverse and Emerging Technology Governance” was published in the Cambridge Handbook of the Law and Policy of NFTs (Nizan Geslevich Packin, ed., Cambridge University Press 2024)
  • On April 26, gave a keynote presentation on “U.S. Perspectives of AI from Intellectual Property to National Security” for the 1^st Annual NSU-Nebrija International Conference on Society, Security, Technology and the Law in Madrid, Spain
  • On April 19, spoke on the panel “Global Legal Education in the Digital Age” at the European Law Faculties Association (ELFA) Annual General Meeting and Conference in Edinburgh, Scotland
  • In April, spoke on the panels “Navigating IP Issues in Generative AI” and “Initial Implementation Obligations for the U.S. Executive Order on Artificial Intelligence” at the American Bar Association’s Business Law Section Spring Meeting

Camilla A. Hrdy (C-IP² Scholar; Professor of Intellectual Property Law, University of Akron School of Law)

• • Article The Patent Law Origins of Science Fiction, co-authored with Daniel H. Brean, was published this March in The Columbia Journal of Law & The Arts
  • Was mentioned in May 1 W&L The Columns story “Scholarship of Law Professor Cited in FTC Noncompete Decision”

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Senior Fellow and Academic Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Carey Law School)

• • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees
  • Was quoted in a March 23 NY Times story “The Second Coming of the Microsoft Antitrust Battle?”
  • Was mentioned in March 26 episode 497 Cyberlaw Podcast recap “Social Speech and the Supreme Court”
  • Moderated the virtual Federalist Society panel “Déjà Vu all over again? The Return of Network Neutrality” on April 25
  • Was quoted in April 25 Washington Times news story “TikTok has promised to sue over the potential U.S. ban. What’s the legal outlook?”
  • Was quoted in May 7 The Associated Press news story “TikTok is suing the U.S. over ‘obviously unconstitutional’ law that would ban it” (edit cross-posted on CBC/Radio-Canada)
  • Was mentioned in May 8 Sociobits article “TikTok Takes Legal Action Against US Government Over Potential Ban”
  • Was quoted in May 8 NBC Connecticut story “TikTok sued the U.S. government to block a ban. Here’s what happens now”
  • Was mentioned in May 30 Colorado Law post “ICYMI: Scholarly Publications, Media Mentions, & Faculty Archives” 

Steven D. Jamar (C-IP² Senior Scholar; Associate Director, Institute for Intellectual Property and Social Justice (IIPSJ); Professor Emeritus, Howard University School of Law)

• • Was a guest lecturer at Howard University School of Law for the March 14, 2024, AI & the Law class, speaking on “Understanding Generative AI: Why it matters for attorneys”

Hon. Prof. F. Scott Kieff (C-IP² Senior Scholar; Fred C. Stevenson Research Professor, The George Washington University Law School)

• • On March 28, spoke on the panel “Slow, Regulate or leave it along? – Rising to the AI challenge” at CIPU’s 2024 Intellectual Property Awareness Summit (IPAS) in Chicago, IL

Joshua Kresh (C-IP² Interim Executive Director)

• • With Dale Lazar, led the Spring 2024 edition of the Innovation Law Clinic
  • Organized and participated in the March 21-22 Edison Fellowship Meeting in La Jolla, CA
  • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • With Professor Emily Michiko Morris, co-authored May 20 C-IP² blog post “Pharmaceutical ‘Nominal Patent Life’ Versus ‘Effective Patent Life,’ Revisited”

Dale Lazar (C-IP² Practitioner in Residence; Director, Patent Program, Innovation Law Clinic)

• • With Joshua Kresh, led the Spring 2024 edition of the Innovation Law Clinic

Dr. John Liddicoat (C-IP² Scholar; Senior Research Associate and Affiliated Lecturer, Faculty of Law, University of Cambridge)

• • On March 7, gave a plenary talk at the International Drug Repurposing Conference in Barcelona. The title of the talk was “A new and complementary theory of pharmaceutical incentives and innovation.”
  • On April 25, spoke as an invited expert at a policy workshop on barriers to drug repurposing, hosted by REMEDi4ALL, an EU-funded program
  • On May 3, gave a talk onThe Republic of Translational Medicine for King’s IP Research Day at King’s College London, UK 

Erika Lietzan (C-IP² Senior Scholar; William H. Pittman Professor of Law & Timothy J. Heinsz Professor of Law, University of Missouri School of Law)

• • Participated as a Distinguished Commentator at the March 21-22 Edison Fellowship Meeting in La Jolla, CA
  • Was quoted in May 22 JD Supra news story “Rethinking Interchangeability, Top Cases, and Battling Misinformation at FDLI’s Annual Conference”
  • Was spotlighted on May 29 St. Louis Record press release “Professor Lietzan Speaks at Food & Drug Law Institute Annual Meeting” 

Daryl Lim (C-IP² Senior Scholar; H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; and co-hire, Institute for Computational and Data Sciences, Penn State University)

• • Was quoted in March 6 IPWatchdog article “Understanding IP Matters – IP and AI: Lessons for Students, Businesses and Governments”
  • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees
  • On March 28, spoke on the panel “Slow, regulate or leave it along? – Rising to the AI challenge” at CIPU’s 2024 Intellectual Property Awareness Summit (IPAS) in Chicago, IL
  • Spoke on the panel “Regulating an Uncertain Future-AI & Beyond” at Trinity College Dublin’s April 18 conference Competition Law & Data: Regulating Tech Platforms
  • On May 29, discussed intermediary liability and the Digital Millenium Copyright Act at Practising Law Institute (PLI)’s “Fundamentals of Copyright” seminar

Adam MacLeod (C-IP² Senior Scholar; Professor of Law, Faulkner University, Thomas Goode Jones School of Law; Research Fellow, Center for Religion, Culture, and Democracy)

• • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees 

Hina Mehta (C-IP² Practitioner in Residence; Director, University Commercialization Program Director, University Commercialization Program at Virginia Innovation Partnership Corporation (VIPC))

• • Was quoted in March 27 WATE news story “VIPC Awards CCF Grant to Virginia Tech for Novel Semiconductor-based Diode Technology for Power Electronics Applications”
  • Moderated the April 20 panel “Raising Capital from Angels, Family-Friends Networks, and VCs,” which was part of the inaugural event of the American Bazaar’s Startup Bazaar series at the Robert H. Smith School of Business at the University of Maryland
  • On May 17 at the USPTO, moderated the panel “Defining AI in the Bioscience Ecosystem” at Virginia BIO’s biannual conference THRiVE 2024 at the USPTO

Emily Michiko Morris (C-IP² Senior for Life Sciences and Scholar; C-IP² 2021-2022 Edison Fellow; David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law)

• • With Joshua Kresh, co-authored May 20 C-IP² blog post “Pharmaceutical ‘Nominal Patent Life’ Versus ‘Effective Patent Life,’ Revisited”
  • Was mentioned in May 24 Akron Legal News story “Akron Law rises in U.S. News & World Report rankings”

Lateef Mtima (C-IP² Senior Scholar; Professor of Law, Howard University School of Law; Founder and Director, Institute for Intellectual Property and Social Justice (IIPSJ))

• • Was quoted in PR Newswire April 3 press release “Institute for Intellectual Property and Social Justice Expands Board, Goals”
  • Was mentioned in May 22 Patently-O post “Nominate Someone (Yourself?) for the USPTO’s Advisory Committees”
  • Participated in the May 29 “Patent Law Roundtable: Commemorating the 400th anniversary of the Statute of Monopolies,” co-sponsored by Oxford University, Loyola Marymount University, and George Washington University and hosted at GWU

Loren Mulraine (C-IP² Senior Scholar; Professor of Law, Director of Music and Entertainment Law Studies, Belmont University – College of Law)

• • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)

Christopher M. Newman (C-IP² Scholar; Associate Professor of Law, George Mason University Antonin Scalia Law School)

• • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • On April 30, quoted on Students’ Right to Protest on Campus

Seán M. O’Connor (C-IP² Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • On May 21, spoke on the virtual PTOS CLE webinar “AI & Copyright as a Matter of Style”
  • in the May 29 “Patent Law Roundtable: Commemorating the 400th anniversary of the Statute of Monopolies,” co-sponsored by Oxford University, Loyola Marymount University, and George Washington University and hosted at GWU 

Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar; Associate Dean of Academic Affairs, Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law)

• • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees
  • Authored the April 2024 C-IP² policy brief “Restoring Predictability to Patent Eligibility”
  • Spoke as a panelist on May 16 Federalist Society webinar “Is Patent Eligibility Doctrine in Need of Reform?” 

Yogesh Pai (C-IP² Scholar; Assistant Professor, National Law University Delhi (NLUD); Co-Director, Centre for Innovation, Intellectual Property and Competition at NLUD)

• • Was mentioned in Live Law’s March 18 article “Delhi High Court Hosts International Judicial Conclave On Intellectual Property Rights”
  • Was quoted in March 22 Live Law story “Launch Of The Joint Masters/LL.M. In IP Law And Management, Jointly Offered By NLU Delhi, WIPO And Office Of The Controller General Of Patents, Designs And Trade Marks, GOI”
  • On April 6, gave a presentation entitled “Enduring Enigma of Patents and Competition Interface in India” at the Centre for Intellectual Property Studies (CIPS) National Law University Jodhpur’s 2nd CIPS-NLUJ IP Law & Practice Conclave

Eric Priest (C-IP² Senior Scholar; Associate Professor and Faculty Director, Asian Studies, Law, Law-JD, University of Oregon School of Law)

• • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)

Michael Risch (C-IP² Senior Scholar; Vice Dean and Professor of Law, Villanova University Charles Widger School of Law)

• • Was interviewed by KCBS Radio for April 30 segment “The FTC challenging patents held by a handful of brand-name drugs”
  • Was quoted in May 16 Bloomberg Law article “Microsoft Mega-Verdict Appeal Primed to Test Patent-Damages Law”
  • Was quoted in May 30 Law360 article “What To Watch As The FTC Targets Drug Patent Listings” 

Alexandra Jane Roberts (C-IP² Senior Fellow for Trademarks; Professor of Law and Media, Northeastern University School of Law)

• • Article Multi-Level Lies is forthcoming in UC Davis Law Review, and a draft has been posted on SSRN. In March, Professor Roberts presented the article at the Boston College Law Regulation & Markets Workshop, the Georgetown University Law Center’s Tech Law Policy Colloquium, and The Technology, Race and Prejudice (TRAP) Lab at Virginia Tech.
  • Was quoted in March 1 Fact Company article “The Willy Wonka experience’s generative AI debacle is just the start of our nightmarish new advertising reality”
  • Was quoted in March 16 Washington Post article “Promo video for Texas dental practice poses new ethics issue for Noem”
  • Was quoted in April 9 Northeastern Global News article “Glorb is hitting it big with AI-generated SpongeBob raps. But is it legal under copyright law?”
  • Was quoted in April 15 Passionfruit article “CBS Issues Copyright Claim on 38-Hour ‘Beverly Hillbillies’ Video by YouTuber Quinton Reviews”
  • Was quoted in April 29 Fortune Crypto article “Why SBF is turning against A-list FTX boosters like Tom Brady and Larry David—and what could happen to them” (cross-posted by Yahoo! Finance)
  • Was quoted in May 15 The Fashion Law article “Tapestry, Coach Drop Trademark Case Against Gap, Inc. Over COACH Tees”
  • In May, presented on “Multi-Level Lies” at the International Trademark Association (INTA)’s 2024 Annual Meeting in Atlanta, GA, as part of the INTA scholarship symposium
  • This spring, was named an INTA “Rising Star” by peers at INTA, and in May participated in a virtual meeting with fellow Rising Stars
  • Was interviewed for May 21 NBC News TikTok post about Pepsi’s Sierra Mist and Tik Tok user Cierra Mistt
  • Was quoted in May 23 Northeastern Global News article “Can Scarlett Johansson sue OpenAI over its voice assistant? Northeastern intellectual property law experts weigh in”
  • Was quoted in May 30 NGN Magazine article “Your podcast needs a theme song. Good Dog Licensing can help”

Zvi S. Rosen (C-IP² Scholar; Assistant Professor of Law, Southern Illinois University School of Law)

• • Spoke on the Federalist Society webinar “AI Meets Copyright: Understanding New York Times v. OpenAI”
  • As mentioned in a March 20 University of North Dakota Law story, was welcomed as a 2024 JISPA participant with the University of Houston Law Center
  • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • Was quoted in SIU News story “SIU School of Law Simonds lecture to focus on presidential power”
  • Published April 9 Mostly IP History blog post “Registering Generative AI Works for Copyright Under the Rule of Doubt”
  • In May, presented at the Fifth Annual Art Law Works-in-Progress Conference at the Ohio State University

Mark F. Schultz (C-IP² Senior Scholar; Goodyear Tire & Rubber Company Chair in Intellectual Property Law, University of Akron School of Law; Director, Center for Intellectual Property Law and Technology)

• • Was quoted in March 15 Akron Legal News article “Akron Law symposium explores AI’s impact on IP”
  • Participated as a Distinguished Commentator at the March 21-22 Edison Fellowship Meeting in La Jolla, CA
  • Organized the University of Akron School of Law’s 26th Annual Symposium on Intellectual Property Law and Policy on March 25, bringing together top experts to tackle cutting-edge issues, including the intersection of Artificial Intelligence (AI) and intellectual property (IP) law
  • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • Was mentioned in May 24 Akron Legal News story “Akron Law rises in U.S. News & World Report rankings”

Brenda Simon (C-IP² Senior Scholar; ProFlowers Professor of Internet Studies and Professor of Law, California Western School of Law)

• • Forthcoming article Artificial Intelligence and the Self-Represented Inventor will be published in the Loyola of Los Angeles Law Review 

Eric M. Solovy (C-IP² Practitioner in Residence; Vice President and Legal Counsel, Qualcomm)

• • Served as a panelist at the Gulf Creatives Conference (GCC) at Harvard University, which was hosted on May 10-12 by The Diwan, a Harvard student-run organization. Mr. Solovy spoke about the importance of IP protection for trade and investment with the GCC countries (more details on LinkedIn here and here)
  • With James Mendenhall, co-authored the book chapter “The protection of intellectual property rights through WTO dispute settlement” in Research Handbook on Intellectual Property Rights and Arbitration (Edward Elgar 2024), which was released in May (more on LinkedIn)

James Y. Stern (C-IP² Senior Scholar; Professor of Law, William & Mary Law School)

• • In April, new article Intellectual Property and the Myth on Nonrivalry was published by the Notre Dame Law Review (also available here)
  • Was invited to join to the Boyd-Graves Conference, a Virginia Bar Association body that puts forward changes to the Virginia Code and Rules of Court
  • Was one of seven scholars invited to present in the most recent Harvard Private Law Workshop series
  • Has taken over as Director of the William & Mary Property Rights Project and as editor of the Brigham-Kanner Property Rights Journal
  • On May 10, spoke on privacy and Fourth Amendment issues at A Century of Government Trespassing: The Open Fields Doctrine at 100, a conference sponsored by the Institute for Justice
  • Is currently serving in the Members Consultative Group for the American Law Institute’s Restatement of Copyright

Saurabh Vishnubhakat (C-IP² Senior Scholar; Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law)

• • Authored April C-IP² policy brief “Toward the Substitutionary Promise of PTAB Review”
  • Was quoted in May 9 Axios article “1 big thing: Lawmakers keep up the TikTok pressure”
  • Participated in the May 29 “Patent Law Roundtable: Commemorating the 400th anniversary of the Statute of Monopolies,” co-sponsored by Oxford University, Loyola Marymount University, and George Washington University and hosted at GWU. Professor Viswanathan co-led the discussion on “Cyclical embrace and distrust of patent law – where have we been and where are we headed.”

Dr. Bhamati Viswanathan (C-IP² Scholar; Faculty Fellow, New England Law | Boston)

• • Participated as a Fellow at the March 21-22 Edison Fellowship Meeting in La Jolla, CA
  • Signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
  • On May 11, spoke at “The Muse and the Marketplace,” a renowned Grub Street annual event for writers, with bestselling author Camille Cabrera

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Scholarship & Other Writings

Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC v. Internet Archive, Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)

Sandra Aistars, House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet’s hearing “Artificial Intelligence and Intellectual Property: Part III – IP Protection for AI-Assisted Inventions and Creative Works.” (April 11, 2024). George Mason Legal Studies Research Paper No. LS 24-09

Justus Baron & Santiago Bergallo & Eric Sergheraert, Empirical Analysis of the German Caselaw on SEP Injunctions after Huawei v ZTE (May 14, 2024). Northwestern Law & Econ Research Paper No. 24-07

Maureen E. Brady and James Stern, Analog Analogies: Intel v. Hamidi and the Future of Trespass to Chattels (August 18, 2023). J. Tort Law, vol. 16, p. 205

Lolita Darden, “Guest post by Lolita Darden: PPAC’s Bold Strategy to Transform Patent Inclusion,” Patently-O (April 25, 2024)

Charles Delmotte, Beyond the Wealth Tax (March 28, 2024). Alabama Law Review, Vol. 76 (Forthcoming)

Tabrez Ebrahim, Islamic Intellectual Property (April 29, 2024). Seton Hall Law Review, Vol. 54, No. 4, 2024

Laura R. Ford, “From Plato to WIPO: Old and New in Legal Harmonization,” in Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy, eds Péter Mezei, Hannibal Travis, and Anett Pogácsás (Brill 2024) (pp. 45-66)

Jon M. Garon, “NFTS, the Metaverse and Emerging Technology Governance,” in Cambridge Handbook of the Law and Policy of NFTs (Nizan Geslevich Packin, ed., Cambridge University Press 2024)

Michael Goodyear, Infringing Information Architectures (March 5, 2024). 58 UC Davis L. Rev. __ (forthcoming 2025)

Michael Goodyear, “Intellectual Property’s NFT Gap: Twentieth-Century Copyright Law Could Limit Viable Uses of Blockchain,” Tech Policy Press (May 7, 2024)

Chris Holman, “UMKC School of Law Wins National Patent Application Drafting Competition,” Patently-O (April 23, 2024)

Chris Holman, “The Use of Mandated Public Disclosures of Clinical Trials as Prior Art Against Study Sponsors,” Patently-O (April 16, 2024)

Camilla A. Hrdy & Daniel H. Brean (2024). “The Patent Law Origins of Science Fiction.” The Columbia Journal of Law & The Arts, 47(1). https://doi.org/10.52214/jla.v47i1.12496

James Mendenhall & Eric M. Solovy, “The protection of intellectual property rights through WTO dispute settlement,” in Research Handbook on Intellectual Property Rights and Arbitration, eds. Simon Klopschinski & Mary-Rose McGuire (Edward Elgar 2024)

Emily Michiko Morris & Joshua Kresh, “Pharmaceutical ‘Nominal Patent Life’ Versus ‘Effective Patent Life,’ Revisited,” C-IP² Blog (May 20, 2024)

Fidelice Opany, Collective Bargaining of Patent Licences (May 23, 2024). Currently undergoing peer review with the Oxford University Press Journal of Intellectual Property Law & Practice.

Kristen Jakobsen Osenga, Restoring Predictability to Patent Eligibility(April 18, 2024)

Jack Ring, “C-IP² Celebrates the Release of Book 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things,” C-IP² Blog (April 29, 2024)

Alexandra Jane Roberts, Multi-Level Lies (January 7, 2024). Northeastern University School of Law Research Paper No. 445

Zvi S. Rosen, “Registering Generative AI Works for Copyright Under the Rule of Doubt,” Mostly IP History (April 19, 2024)

Zvi Rosen, “Warner Chappell Music v. Nealy: Clarity on Damages, Still Hazy on the Discovery Rule,” The Federalist Society (May 29, 2024)

Zvi S. Rosen, Who Framed Mickey Mouse? (March 01, 2024). Forthcoming, Kansas Law Review

Brenda M. Simon, Artificial Intelligence and the Self-Represented Inventor (April 11, 2024). Loyola of Los Angeles Law Review, Forthcoming

David A. Simon, The Gatekeepers of Medical Innovation (Forthcoming Fall 2024)

Molly Torsen Stech, Copyright Thickness, Thinness, and a Mannion Test for Images Produced by Generative Artificial Intelligence Applications (December 23, 2023). Boston College Intellectual Property & Technology Forum Journal [SSRN]

James Y. Stern, Intellectual Property and the Myth on Nonrivalry, 99 Notre Dame L. Rev. 1163 (2024)

Lisa A. Tucker and Michael Risch, Canceling Appellate Precedent (March 19, 2023). Florida Law Review, Vol. 76, p. 175 (2024)

Saurabh Vishnubhakat, Toward the Substitutionary Promise of PTAB Review (April 8, 2024)

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Greetings from C-IP² Interim Executive Director Joshua A. Kresh

I am pleased to report that our long-worked-on book, 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, was published and is available from Cambridge University Press. We will also be hosting a launch event on Monday, April 15, from 12:20 – 1:50 ET; live-stream registration is available here.

Since our last report we hosted our High Tech and Life Sciences roundtables, where representatives from industry and academics discussed significant issues and research projects. We have a few whitepapers in progress based on those discussions, and I hope to have more details to share in our next report.

We are testing out a new format for this report to make it easier to find updates by subject matter. We have separated our updates into General, Copyright, High Tech, and Life Sciences. As certain projects cover or at least are of interest to multiple areas, we will have items listed in multiple sections where appropriate. This is a work-in-progress, and we welcome feedback about the new format.

Along with our upcoming book launch, we are busy preparing for the WIPO-U.S. Summer School on IP, which serves as a great introduction to all areas of U.S. IP law. Please consider recommending the program to new members of your teams, and for our sponsors (or potential sponsors), please reach out to me at jkresh@gmu.edu, and I will be happy to discuss options for your interns and new team members. We are also preparing for our upcoming Copyright Roundtable, which will be in July, and our Annual Fall Conference this October 17-18.

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General IP: Interdisciplinary

General IP: C-IP²-Hosted & Co-Hosted Events

Third and Final Meeting of the 2023-2024 Thomas Edison Innovation Fellowship

On January 18-19, 2024, C-IP² hosted the third and final meeting of the 2024-2025 Thomas Edison Innovation Law and Policy Fellowship. The Edison Fellows presented substantially revised drafts of their research papers and received feedback from Distinguished Commentators and other Fellows before submission to journals.

General IP: News & Speaking Engagements

Congratulations to 2024-2025 Edison Fellows, chosen in December and whom we are meeting this March in La Jolla, California, for the Fellowship’s first meeting!

• • Mark A. Cohen – Director, Distinguished Senior Fellow and Lecturer, University of California, Berkeley – School of Law (LinkedIn)
  • Virginia (Ginger) Dellenbaugh – Yale University Department of Music (Yale Music profile)
  • Michael L. Doane – Visiting Assistant Professor, University of Akron School of Law (LinkedIn)
  • Diego S. Dumani, PhD – Associate Professor; Director, Biomedical Engineering Research Laboratory, University of Costa Rica (LinkedIn)
  • Stefan Geirhofer – Senior Associate, Wilson Sonsini Goodrich & Rosati PC (LinkedIn)
  • Gabriela Lenarczyk – Associate Researcher, Polish Academy of Sciences (LinkedIn)
  • David E. Moore – Patent Attorney, Brundidge & Stanger, P.C. (LinkedIn)
  • Matthew G. Sipe – Assistant Professor, University of Baltimore School of Law (University of Baltimore School of Law profile)
  • Bhamati Viswanathan – Faculty Fellow, New England Law | Boston (LinkedIn)

Congratulations to former C-IP² Research Assistant Sarah Kratt, who started as a judicial intern on the U.S. Court of Appeals for the Federal Circuit on January 9!

In February, IPWatchdog posted a C-IP² press release on the 2024 WIPO-U.S. Summer School on Intellectual Property. Learn more about the program and register, or share with someone who might be interested.

Work and updates from C-IP² 2023-2024 Edison Fellow Michael Goodyear:

• • Publications
    • Queer Trademarks in the University of Illinois Law Review
    • The Surprising Result of the Supreme Court Case That Allowed Slurs in Brands in Slate.
  • Mentions
    • Article Queer Trademarks was featured on The TTABlog.

Olufunmilayo B. Arewa (C-IP² Senior Fellow for Entrepreneurship & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • On February 8, gave a presentation related to book project Curating Black Culture: Music, Ownership and Commodification at the Annual Symposium of the Vanderbilt Journal of Technology & Entertainment Law in Nashville, Tennessee
  • Moderated the panel “Legal, Ethical, and Economic Foundations for Indigenous Intangible Property” for February 15 conference Indigenous Peoples, Traditional Knowledge, and Intellectual Property in International Law at Harvard Law School. The conference was featured in February 26 Harvard Law Today article “Protecting Indigenous peoples’ knowledge: A Harvard Law conference and project focuses on Indigenous traditional knowledge and modern justice” (Professor Arewa was mentioned for moderating the panel).

Theo Cheng (C-IP² Practitioner in Residence; Arbitrator and Mediator, ADR Office of Theo Cheng LLC; Adjunct Professor, New York Law School)

• • On January 10, was a co-panelist on a webinar program entitled “Unconscious Bias in ADR,” which was sponsored by the California Lawyers Association
  • On January 16, was a panelist at the New York State Bar Association Dispute Resolution Section’s 2024 Annual Meeting, speaking on a program entitled “Pulling Back the Curtain on Arbitral Decision Making.”
  • On January 23, was a panelist at the Practising Law Institute’s Wage & Hour Litigation and Compliance 2024, speaking on a program entitled, “The State of Arbitration and its Impact on Wage & Hour Law”
  • On January 25, delivered the first of six Anti-Bias Training programs this quarter on behalf of the New York State Unified Court System to arbitrators who handle attorneys’ fees disputes
  • On February 13 and 28, delivered two more Anti-Bias Training programs on behalf of the New York State Unified Court System to arbitrators who handle attorneys’ fees and small claims disputes
  • On February 16, was a co-panelist at the Midwinter Meeting of the Federal Labor Standards Legislation Committee(of the ABA Labor & Employment Law Section) in Puerto Rico on “Ethical (and Unethical) Witness Preparation”
  • On February 23, was a co-panelist at the 32^ndAnnual Midyear Meeting of the Insurance Coverage Litigation Committee (of the ABA Tort Trial & Insurance Practice Section) in La Jolla, California on “Unique Ethical Challenges Lawyers Face in Mediation” 

Eric Claeys (C-IP² Senior Fellow for Scholarly Initiatives & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • Was interviewed for a December 1 NBC Washington video report on the legacy of Justice Sandra Day O’Connor, whom Professor Claeys knew personally
  • With Joshua Kresh, coordinated and led the final meeting of the 2023-2024 Edison Fellowship on January 18-19

Lolita Darden (C-IP² Scholar; Visiting Associate Clinical Professor and Director, Intellectual Property and Technology Clinic, The George Washington University Law School)

• • Was mentioned in December 4 George Washington University Law School announcement “GW Law Launches its New Center for Law and Technology”
  • Was quoted in USPTO’s December 6 press release “USPTO announces new Public Advisory Committee members to help advise agency and advance core mission of fostering and protecting innovation across America”

Gregory Dolin (C-IP² Senior Scholar; Associate Professor of Law, University of Baltimore School of Law)

• • Was mentioned in January 24 Bloomberg Law article “Oldest Active Federal Judge Seeks Reinstatement During Hearing”
  • Was quoted in February 7 ABA Journal story “Federal appeals judge, 96, fails to overturn suspension order for refusing to cooperate in fitness probe”
  • Was mentioned in February 7 BNN Breaking story “Suspension of Judge Pauline Newman Upheld, Fuels Debate on Judicial Independence”
  • Was quoted in February 12 Law and Crime article “‘Unprecedented in American judicial history’: Oldest federal judge vows to ‘continue to fight’ to be reinstated on bench after fellow judges have her suspended for ‘overwhelming evidence’ of decreased mental capacity”

John F. Duffy (C-IP² Senior Scholar; Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law)

• • Was mentioned in January 30 Yale Journal on Regulation article “Ad Law Reading Room: A Chevron Trifecta”
  • Was mentioned in February 27 UVA Law news story “As New Supreme Court Decision Looms on Chevron, Professors Discuss Extent of Administrative Agencies’ Power”
  • Moderated a February 27 Federalist Society’s RTP Fourth Branch Podcast: Deep Dive Episode 287 – Courthouse Steps Oral Argument: Corner Post, Inc. v. Board of Governors of the Federal Reserve System 

Tabrez Ebrahim (C-IP² Scholar; Associate Professor of Law at Lewis & Clark Law School)

• • On December 17, gave a research presentation to Jordan University of Science & Technology (JUST) university administration/leadership, faculty, and graduate students entitled “Islamic Intellectual Property”
  • Gave a keynote address on “Islamic Theory of Intellectual Property Law” for the February 27-29 Middle East and North African Studies Symposium’s 10th Annual Symposium: Language and Politics in the Middle East & North Africa.

Camilla A. Hrdy (C-IP² Scholar; Professor of Intellectual Property Law, University of Akron School of Law)

• • Was mentioned in February 2 Washington and Lee University’s The Columns piece ‘Chris Seaman Publishes “Beyond Trade Secrecy’ in the Yale Law Journal”

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Senior Fellow and Academic Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Carey Law School)

• • Was mentioned in February 13 Reason article about Episode 491 (“Death, taxes, and data regulation”) of the Cyberlaw Podcast
  • Was interviewed for Penn Today’s February 27 discussion “The Supreme Court arguments on social media laws”

Steven D. Jamar (C-IP² Senior Scholar; Associate Director, Institute for Intellectual Property and Social Justice (IIPSJ); Professor Emeritus, Howard University School of Law)

• • Book The Cambridge Handbook of Intellectual Property and Social Justice (Cambridge University Press), co-edited with Professor Lateef Mtima, was published in January, including the following:
    • Introduction “Intellectual Property Social Justice Theory: History, Development, and Description,” co-written with Professor Lateef Mtima
    • Chapter “Trade Secrets from an Intellectual Property Social Justice Perspective”
    • Chapter “An Intellectual Property Social Justice Perspective on Intellectual Property Protection for Artificial Intelligence Programs”
  • On February 28, attended an OpenAI-sponsored “Salon Dinner on AI and Copyright”—a roundtable discussion about IP issues in AI GPT implementations —as a representative of IIPSJ.

Joshua Kresh (C-IP² Interim Executive Director)

• • With Eric Claeys, coordinated and led the final meeting of the 2023-2024 Edison Fellowship on January 18-19

Daryl Lim (C-IP² Senior Scholar; H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; and co-hire, Institute for Computational and Data Sciences, Penn State University)

• • Moderated panel discussions on February 21 and 23 as part of the event Intellectual Property & International Dispute Resolution, presented by the WIPO Arbitration and Mediation Center, Penn State Dickinson Law, and the Intellectual Property Office of Singapore (IPOS)
  • Was featured in February Penn State Dickinson Law piece “Professor Daryl Lim Organizes the ‘Innovation Forum on Capitol Hill’”

Adam MacLeod (C-IP² Senior Scholar; Professor of Law, Faulkner University, Thomas Goode Jones School of Law; Research Fellow, Center for Religion, Culture, and Democracy)

• • Was mentioned in January 15 Boing Boing story “How a law prof got a judge to rule that speeding cam tickets are unenforceable”

Lateef Mtima (C-IP² Senior Scholar; Professor of Law, Howard University School of Law; Founder and Director, Institute for Intellectual Property and Social Justice (IIPSJ))

• • In December, was appointed to serve as a member of the USPTO’s Patent Public Advisory Committee (PPAC): “This esteemed committee is composed of private-sector individuals who advise the agency on its patent operations and serve as fierce advocates for the immense value of intellectual property protection in society” (IIPSJ on LinkedIn).
  • Book The Cambridge Handbook of Intellectual Property and Social Justice (Cambridge University Press), co-edited with Professor Steven D. Jamar, was published in January, including the following:
    • “Prolusion: What Is Intellectual Property (And Why Should You Care About It Anyway?) – A Layperson’s Guide to Intellectual Property Law”
    • Introduction “Intellectual Property Social Justice Theory: History, Development, and Description,” co-written with Professor Lateef Mtima
    • Chapter “Intellectual Property Social Justice: A Theoretical Rationale”
    • Chapter “Copyright and the Interdependent Relationship Between Social Utility and Social Justice”
  • Was mentioned in WilmerHale’s “PTAB/USPTO Update – January 2024” as a new member of the USPTO Public Advisory Committee

Christopher M. Newman (C-IP² Senior Scholar; Associate Professor of Law, George Mason University Antonin Scalia Law School)

• • Was quoted in December 13 The News Beyond Detroit article “How the Supreme Court Could Reshape Free Speech Online”

Michael Risch (C-IP² Senior Scholar; Vice Dean and Professor of Law, Villanova University Charles Widger School of Law)

• • Spoke as a guest on February 21 Discussions at the Round Table podcast episode “At the Round Table with Intellectual Property & Internet Law Expert, Michael Risch”

Alexandra Jane Roberts (C-IP² Senior Scholar; Professor of Law and Media, Northeastern University School of Law)

• • Was quoted in January 27 Axios Markets article “1 big thing: Where fake news is ubiquitous” on her research on deceptive advertising by multi-level marketing sellers

Saurabh Vishnubhakat (C-IP² Senior Scholar; Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law)

• • Was mentioned in Law.com’s December 19 analysis ‘The Northern District of Illinois v. the Internet’: How Chicago Became the Center of Schedule A Trademark Infringement Litigation”

General IP: Scholarship & Other Writings

John Fitzgerald Duffy, CHEVRON, DE NOVO: DELEGATION, NOT DEFERENCE (January 10, 2024). Virginia Public Law and Legal Theory Research Paper No. 2024-03

John F. Duffy, “The Important Statutory Sections Ignored by the Parties in Loper Bright and Relentless,” Yale Journal on Regulation (January 17, 2024)

Camilla A. Hrdy, “Beyond the AI Black Box: Links to Articles and Interview With Charlotte Tschider,” Written Description (January 23, 2024)

Camilla A. Hrdy, “Fast Secrets: Trade Secrets in Fashion,” The Routledge Handbook of Fashion Law (Eds. Irene Calboli and Eleonora Rosati, Forthcoming)

Camilla A. Hrdy and Daniel H. Brean, The Patent Law Origins of Science Fiction, Columbia Journal of Law & the Arts, Volume 47, Forthcoming

Camilla A. Hrdy and Christopher B. Seaman, Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Yale Law Journal, Vol. 133 [SSRN]

Camilla Hrdy and Christopher Seaman, Confidentiality Agreements Can Act Like Noncompetes, ProMarket (February 8, 2024)

Steven D. Jamar, “Trade Secrets from an Intellectual Property Social Justice Perspective,” in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024), 158-166

Steven D. Jamar and Lateef Mtima (editors), The Cambridge Handbook of Intellectual Property and Social Justice (Cambridge: Cambridge University Press, 2024)

Lateef Mtima & Steven D. Jamar, “Introduction: Intellectual Property Social Justice Theory: History, Development, and Description,” The Cambridge Handbook of Intellectual Property and Social Justice (Cambridge: Cambridge University Press, 2024)

Lateef Mtima, “Intellectual Property Social Justice: A Theoretical Rationale,” in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024), 76-98

Lateef Mtima, “Prolusion: What Is Intellectual Property (And Why Should You Care About It Anyway?) – A Layperson’s Guide to Intellectual Property Law,” in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024), xxvii – xxxvi

Alexandra Jane Roberts, Multi-Level Lies (January 7, 2024). Northeastern University School of Law Research Paper No. 445

Lisa A. Tucker and Michael Risch, Canceling Appellate Precedent (March 19, 2023). Florida Law Review, Vol. 76, p. 175 (2024)

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Copyright

Copyright: News & Speaking Engagements

The 2023-2024 Edison Fellows are in the process of finalizing their papers and submitting them to journals. Titles and summaries for a selection of these papers are included in this report, and we will feature all of the papers in upcoming reports.

• • Michael Goodyear:
    • Title: Infringing Information Architectures (forthcoming UC Davis Law Review)
    • Description: This Article examines the history of what it terms architectural infringement claims, systemic secondary copyright infringement claims against product and service providers for the infringements of all their users. It reveals how these providers’ intent (or lack thereof) animated courts and Congress’ refinements of secondary copyright infringement liability and suggests how this same intent polestar could be used to maintain balanced copyright law in response to emerging architectural infringement challenges involving technologies such as artificial intelligence and blockchain.

Further work and updates from C-IP² 2023-2024 Edison Fellow Michael Goodyear:

• • Activities

• • • Presented Edison paper Infringing Information Architectures at the AALS Conference’s Intellectual Property Emerging Scholars Panel in Washington, D.C. on January 6; at the Fourteenth Annual Tri-State Region IP Workshop, hosted by NYU Law’s Engelberg Center on Innovation Law & Policy on January 12; at the third Thomas Edison Innovation Law and Policy Fellowship workshop on January 17; and at the Regulating the Decentralised Autonomous Organisation Conference hosted by the University of Liverpool School of Law on January 25; and at the NYU Lawyering Scholarship Colloquium on February 20
    • On January 23, participated as a panelist at the University of Chicago Alumni Club of New York’s “The Law and Policy of Generative AI and Creativity” event at Polsinelli’s New York office (event sponsored by the University of Chicago Alumni Club of New York and hosted by Polsinelli)
    • On February 16, presented talk on copyright and AI for the first LunchGPT session on AI and the law
    • On February 20, presented paper “Artificial Infringement”

• • Mentions

• • • Opinions were cited in an article on Tech Policy Press, Swift Justice? Assessing Taylor’s Legal Options in Wake of AI-Generated Images

 

Sandra Aistars (C-IP² Senior Fellow for Copyright Research and Policy & Senior Scholar; Founding Director, Arts & Entertainment Advocacy Clinic; Clinical Professor of Law, George Mason University Antonin Scalia Law School)

• • Spoke on the panels “The IP Implications of AI Model Training and Use” and “Intellectual Property Protection of AI Outputs” during the January 25-26 PLI Artificial Intelligence Law 2024 in New York City
  • On February 15, spoke as a panelist at the Giles S. Rich American Inn of Court (GSRAIC) program Trending Topics In Intellectual Property: Innovation Policy and Artificial Intelligence
  • Is leading the Spring 2024 Arts & Entertainment Advocacy Clinic

Olufunmilayo B. Arewa (C-IP² Senior Fellow for Entrepreneurship & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • On February 8, gave a presentation related to the book project Curating Black Culture: Music, Ownership and Commodification at the Annual Symposium of the Vanderbilt Journal of Technology & Entertainment Law in Nashville, Tennessee

Jon M. Garon (C-IP² Senior Scholar; Professor of Law and Director of the Intellectual Property, Cybersecurity, and Technology Law program, Nova Southeastern University Shepard Broad College of Law)

• • Spoke as a panelist on Artificial Intelligence, Fair Use and the Future of Copyright Law at IPWatchdog’s March 4-6 Artificial Intelligence Masters™ 2024

Steven D. Jamar (C-IP² Senior Scholar; Associate Director, Institute for Intellectual Property and Social Justice (IIPSJ); Professor Emeritus, Howard University School of Law)

• • Book The Cambridge Handbook of Intellectual Property and Social Justice (Cambridge University Press), co-edited with Professor Lateef Mtima, was published in January, including chapter “An Intellectual Property Social Justice Perspective on Intellectual Property Protection for Artificial Intelligence Programs”
  • On February 28, attended an OpenAI-sponsored “Salon Dinner on AI and Copyright”—a roundtable discussion about IP issues in AI GPT implementations —as a representative of IIPSJ.

Lateef Mtima (C-IP² Senior Scholar; Professor of Law, Howard University School of Law; Founder and Director, Institute for Intellectual Property and Social Justice (IIPSJ))

• • Book The Cambridge Handbook of Intellectual Property and Social Justice (Cambridge University Press), co-edited with Professor Steven D. Jamar, was published in January, including chapter “Copyright and the Interdependent Relationship Between Social Utility and Social Justice”

Loren Mulraine (C-IP² Senior Scholar; Professor of Law, Director of Music and Entertainment Law Studies, Belmont University – College of Law)

• • Was a panelist on the February 8 Vanderbilt Journal of Entertainment and Technology Law (JETLaw) 2024 Symposium Music Law in the Music City

Seán M. O’Connor (C-IP² Faculty Advisor; Faculty Advisor, Innovation Law Clinic; Professor of Law, George Mason University Antonin Scalia Law School)

• • Chapter “The Lead Sheet Problem in Music Copyright: Williams and Skidmore Revealed the Systematic Diminution of Pop Music’s Aural Composers” was published in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024)

Michael Risch (C-IP² Senior Scholar; Vice Dean and Professor of Law, Villanova University Charles Widger School of Law)

• • Was quoted in January 4 Fox Business article “As other Disney characters follow Mickey Mouse to public domain, experts discuss company’s legal options”

Alexandra Jane Roberts (C-IP² Senior Scholar; Professor of Law and Media, Northeastern University School of Law)

• • Was quoted in January 5 Northeastern Global News article “Mickey Mouse raises question: What is the difference between copyright and trademark? It’s a ‘gray’ area, expert says” about Mickey Mouse entering the public domain
  • Was quoted in January 5 Northeastern Global News article “Is Palworld, the latest gaming sensation, guilty of copyright infringement against Pokémon? A legal expert weighs in” on Nintendo’s potential copyright claims against the makers of videogame Palworld

Zvi S. Rosen (C-IP² Scholar; Assistant Professor of Law, Southern Illinois University School of Law)

• • Was quoted in December 22 Variety article “Mickey Mouse, Long a Symbol in Copyright Wars, to Enter Public Domain: ‘It’s Finally Happening’”
  • Chapter “Copyright’s Promise of Dignity in the 19th Century” was published in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024)

Dr. Stephanie M. Semler (C-IP² Practitioner in Residence; Adjunct Professor, George Mason University, Antonin Scalia Law School; Supervising Attorney, Arts & Entertainment Advocacy Clinic)

• • Is helping to run the Spring 2024 Arts & Entertainment Advocacy Clinic with Professor Sandra Aistars

Dr. Bhamati Viswanathan (C-IP² Scholar; Faculty Fellow, New England Law | Boston)

• • On January 6, presented her paper Women’s Work on the Intellectual Property Emerging Scholars Panel at the Association of American Law Schools (AALS) 2024 Annual Meeting in Washington, D.C.

Copyright: Scholarship & Other Writings

Jon M. Garon, Ethics 3.0—Attorney Responsibility in the Age of Generative AI, 79 Bus. L. 209 (2024)

Jon M. Garon, The Revolution will be Digitized: Generative AI, Synthetic Media, and the Medium of Disruption, 20 Ohio State Tech. L. J. 139 (2023)

Michael Goodyear, Infringing Information Architectures (March 5, 2024). 58 UC Davis L. Rev. (forthcoming 2025)

Camilla A. Hrdy, “Beyond the AI Black Box: Links to Articles and Interview With Charlotte Tschider,” Written Description (January 23, 2024)

Steven D. Jamar, “An Intellectual Property Social Justice Perspective on Intellectual Property Protection for Artificial Intelligence Programs,” in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024), 380-400

Lateef Mtima, “Copyright and the Interdependent Relationship Between Social Utility and Social Justice,” in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024), 115-130

Seán M. O’Connor, “The Lead Sheet Problem in Music Copyright: Williams and Skidmore Revealed the Systematic Diminution of Pop Music’s Aural Composers,” in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024), 291-320

Zvi S. Rosen, “Copyright’s Promise of Dignity in the 19th Century,” in The Cambridge Handbook of Intellectual Property and Social Justice, eds. Steven D. Jamar & Lateef Mtima (Cambridge: Cambridge University Press, 2024), 222-242

Zvi S. Rosen, Some Thoughts on Warhol and the Future of Transformative Works, 23 Chi.-Kent J. Intell. Prop. 127 (2023).

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High Tech

High Tech: C-IP²-Hosted & Co-Hosted Events

C-IP² December High Tech Roundtable

On December 8, 2023, C-IP² hosted a private roundtable on “Intellectual Property and High-Tech Policy” at Scalia Law School that explored “hot topics” in the high-tech industries. Participants included several C-IP² affiliates: Dr. Bowman Heiden, the Hon. David Kappos, John Kolakowski, David Korn, Joshua Kresh, Judge Paul Michel, Kristen Jakobsen Osenga, Michael Risch, and W. Keith Robinson. Industry leaders, government affiliates, and academics came together to discuss ongoing uncertainty concerning patent-eligible inventions and discoveries and how PERA attempts to address these issues; how the PREVAIL Act and other proposals to modify PTAB proceeds might impact the high-tech industries; and how other pending legislation/regulation in the U.S. and EU regarding injunctive relief, patent pools, and SEP licensing may change how high-tech industries do business.

IP Principles Initiative Panel & Congressional Reception

C-IP² was pleased to co-host the C-IP² Institutional Partner Global Innovation Policy Center’s January 30 event “IP Principles Initiative Panel & Congressional Reception” on the Hill. The principles, which several C-IP² affiliates and scholars helped draft and also signed, were designed to change the discussion around the vital role of intellectual property rights in fostering American leadership, competitiveness, and innovation, very much aligned with C-IP²’s views.

High Tech: News & Speaking Engagements

The book 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things (Cambridge University Press, 2024), edited by Professor Jonathan Barnett and Seán O’Connor and funded by C-IP², was published January, with a book launch event planned for April 15. Contributors include C-IP² Advisory Board Members the Hon. Andrei Iancu, the Hon. David Kappos, and the Hon. F. Scott Kieff; C-IP² Senior Fellow for Innovation Policy & Senior Scholar Professor Kristen Osenga; C-IP² Senior Scholar Jonathan Barnett; and David J. Teece, Maureen K. Ohlhausen, Jana I. Seidl, Alexander Galetovic, Stephen Haber, Lew Zaretzki, J. Gregory Sidak, Ruud Peters, Igor Nikolic, Bowman Heiden, Fabian Hoffmann, Nikolaus Thumm, Jorge Padilla, Andrew Tuffin, Mark A. Cohen, and Thomas D. Grant.

On December 14, C-IP² Advisory Board Member the Hon. David Kappos (C4IP; Cravath) participated in a virtual fireside chat hosted by the Bayh-Dole Coalition on “President Biden’s March-in Framework.”

In January, Dr. Roya Ghafele’s paper, The international dimension of the European Commission’s Standard Essential Patents (EC SEPs) policy proposal, written in connection with C-IP²’s 2023 Annual Fall Conference, was listed on SSRN’s Top Ten download list for “ERN: Regulation (European) (Topic).”

On January 24, C-IP² Advisory Board Members and formers USPTO Directors the Hon. David Kappos and the Hon. Andrei Iancu spoke at the Bayh-Dole Coalition and Council for Innovation Promotion briefing in Washington, D.C. on the Bayh-Dole Act’s importance in U.S. innovation and the implications of the march-in rights put forward by the Biden Administration.

C-IP² 2024-2025 Edison Fellow Stefan Geirhofer moderated a panel discussion entitled “Proprietary Interfaces and Technological Tying” on February 9. The program was organized by the IP Committee of the ABA’s Antitrust section and co-sponsored by the Media & Technology Committee.

In February, C-IP² Fellows, Scholars, and Affiliates were busy submitting comments on the NIST Draft Guidance for exercising march-in rights. We do not think the guidance would achieve the underlying goal of lowering drug pricing; instead, it would undermine the Bayh-Dole Act’s goals of commercializing public-funded research. As our comments (and many others) discuss, the guidance is not limited to drug patents; it also applies to anything with federal funding and as such should be of interest to any companies who directly accept government funding or licensing or work with any companies who do.

• • C-IP² Senior Fellow for Life Sciences & Scholar Professor Emily Michiko Morris submitted remarks to the National Institute of Standards and Technology (NIST) that were also signed by David Grossman (C-IP² Practitioner in Residence), Joshua Kresh (C-IP² Interim Executive Director), Professor Seán M. O’Connor (C-IP² Faculty Advisor), Professor Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar), and Professor Mark F. Schultz (C-IP² Senior Scholar).
  • C-IP² Senior Fellow for Innovation Policy & Senior Scholar Professor Kristen Jakobsen Osenga submitted remarks to the National Institute of Standards and Technology (NIST) on February 5.
  • The U.S. Chamber of Commerce submitted remarks that were also signed by Joshua Kresh (C-IP² Interim Executive Director) in his own capacity, the Hon. Paul Michel (C-IP² Advisory Board Member), and the Hon. Susan G. Braden (C-IP² Jurist in Residence & Advisory Board Member).
  • Comments by 22 Scholars and Former Officials on Bayh-Dole Guidance Framework was submitted to the National Institute of Standards and Technology (NIST)with signees including Professor Jonathan M. Barnett (C-IP² Senior Scholar), the Hon. Susan G. Braden (C-IP² Jurist in Residence & Advisory Board Member), Professor Daniel R. Cahoy (C-IP² Senior Scholar), Professor Chris Holman (C-IP² Senior Scholar), Professor Justin (Gus) Hurwitz (C-IP² Senior Scholar), the Hon. Andrei Iancu (C-IP² Advisory Board Member), the Hon. Paul Michel (C-IP² Advisory Board Member), Professor Emily Michiko Morris (C-IP² Senior Fellow for Life Sciences & Scholar), Professor Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar), the Hon. Randall R. Rader (C-IP² Advisory Board Member), and Professor Ted Sichelman (C-IP² Senior Scholar)

The 2023-2024 Edison Fellows are in the process of finalizing their papers and submitting them to journals. Titles and summaries for a selection of these papers are included in this report, and we will feature all of the papers in upcoming reports.

• • Fidelice Opany: [Forthcoming; paper will be ready for submission in early April.]
    • Title: Collective Bargaining of Patent Licences
    • Description: This paper examines whether allowing implementers to collectively negotiate licences for standard-essential patents can alleviate patent holdup and patent holdout. It finds that, subject to establishing certain safeguards, the proposed collective bargaining framework could reduce patent holdup and patent holdout, thereby improving the licensing of standard-essential patents.

 

Jonathan Barnett (C-IP² Senior Scholar; Torrey H. Webb Professor of Law, USC Gould School of Law)

• • Chapter “Restoring Deterrence: The Case for Enhanced Damages in a No-Injunction Patent System,” co-written with the Hon. David J. Kappos, was published in January in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, eds. Jonathan M. Barnett & Seán M. O’Connor (Cambridge: Cambridge University Press, 2024)
  • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights
  • Article “How Regulators Endanger U.S. and EU Technology Leadership in the Global Wireless Marketplace” was published by CSIS on February 8

Chief Judge Susan G. Braden (Court of Federal Claims (Ret.); C-IP² Jurist in Residence)

• • Signed the December 4 C4IP “Letter on Covid-19 IP waiver”
  • On December 7, attended an American Arbitration Association (AAA) program in New York City on alternative dispute resolution (ADR) in Life Science cases
  • On December 14, attended a Bayh-Dole Coalition Meeting on the “march-in” draft agency guidance notice in the Federal Register
  • On December 19, attended a United Inventors Association Board Meeting
  • On January 9, attended the ABA IP Section Council Meeting on proposed Bayh-Dole March-In Guidelines
  • Spoke on January 18 AEI panel “Intellectual Property and Biopharmaceuticals: Implications of Changes in US Protections for Clinical Data and Technology” in Washington, D.C.
  • Was an author on the January 29 United Inventors Association comments on proposed Bayh-Dole march-in guidelines
  • Was an author on the January 31 ABA IP Section Comments on proposed Bayh-Dole march-in guidelines
  • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights
  • Signed February U.S. Chamber of Commerce remarks on Bayh-Dole and march-in rights
  • On February 8, attended and participated in C-IP²’s BioPharma Roundtable at Antonin Scalia Law School
  • On February 19, attended the Naples IP Roundtable and served a panelist for Panelist “PPAC at 25 Years”
  • Moderated the February 29 Federalist Society webinar “NIST’s Proposed Framework for a New Approach to Bayh-Dole March-in: What You Need to Know” with Professor Jorge Contreras (University of Utah, S.J. Quinney College of Law), Charles Crain (VP, Domestic Policy at National Association of Manufacturers), Chris Israel (Senior Partner, AGC Advocacy), and Jeffrey E. Depp, AUTM Public Policy Legal Task Force

Daniel R. Cahoy (C-IP² Senior Scholar; Robert G. and Caroline Schwartz Professor, The Pennsylvania State University’s Smeal College of Business; Research Director, Center for the Business of Sustainability)

• • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Tabrez Ebrahim (C-IP² Scholar; Associate Professor, California Western School of Law)

• • In December, participated in a Fulbright Specialist grant trip to Jordan University of Science and Technology (JUST) in Irbid, Jordan
  • On December 17, gave a research presentation to Jordan University of Science & Technology (JUST) university administration/leadership, faculty, and graduate students entitled “Islamic Intellectual Property”
  • Gave a keynote address on “Islamic Theory of Intellectual Property Law” for the February 27-29 Middle East and North African Studies Symposium’s 10th Annual Symposium: Language and Politics in the Middle East & North Africa.

Jon M. Garon (C-IP² Senior Scholar; Professor of Law and Director of the Intellectual Property, Cybersecurity, and Technology Law program, Nova Southeastern University Shepard Broad College of Law)

• • In January, was elected chairperson for the AALS Section on Technology, Law and Legal Education (2024-25) and appointed to the AALS Technology Advisory Committee

David Grossman (C-IP² Practitioner in Residence; Senior Director of Technology Transfer & Industry Collaboration, Office of Technology Transfer, George Mason University)

• • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Christopher Holman (C-IP² Senior Fellow for Life Sciences & Senior Scholar; Professor of Law, University of Missouri-Kansas City School of Law)

• • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Senior Fellow and Academic Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Carey Law School)

• • Was mentioned in December 12 The Volokh Conspiracy’s “Adventures in AI alignment” podcast recap
  • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Hon. Prof. F. Scott Kieff (C-IP² Senior Scholar; Fred C. Stevenson Research Professor, The George Washington University Law School)

• • Was quoted in November 29 IPWatchog post “Understanding IP Matters: Piracy or Policy? Maintaining U.S. Technology Leadership in the Digital Age”
  • Was mentioned in December 4 GW Law announcement “GW Law Launches its New Center for Law and Technology”

Joshua Kresh (C-IP² Interim Executive Director)

• • Organized and led C-IP²‘s December 8 High Tech Roundtable at Scalia Law in Arlington, VA
  • With Dale Lazar, is leading the Spring 2024 edition of the Innovation Law Clinic, which this semester has nine students working with eight clients
  • On February 15, served as a moderator at the Giles S. Rich American Inn of Court (GSRAIC) program Trending Topics In Intellectual Property: Innovation Policy and Artificial Intelligence
  • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights
  • Signed February U.S. Chamber of Commerce remarks on Bayh-Dole and march-in rights

Dale Lazar (C-IP² Practitioner in Residence; Director, Patent Program, Innovation Law Clinic)

• • With Joshua Kresh, is leading the Spring 2024 edition of the Innovation Law Clinic, which this semester has nine students working with eight clients

Daryl Lim (C-IP² Senior Scholar; H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; and co-hire, Institute for Computational and Data Sciences, Penn State University)

• • Was quoted in January 29 Erie News Now article “Pennsylvania’s Path to Regulate Artificial Intelligence”

Hina Mehta (C-IP² Practitioner in Residence; Director, University Commercialization Program Director, University Commercialization Program at Virginia Innovation Partnership Corporation (VIPC))

• • In December, was appointed to serve as an Expert Member of the National Academy of Sciences, Engineering, and Medicine’s Air Force Studies Board “to contribute to capacity building and technology transition for US Air Force” (Hina Mehta on LinkedIn)
  • On January 17, spoke on Technology Transfer – From Research to Real-World Impact, which was hosted virtually by Criminal Investigation Network Analysis Center, DHS funded center of excellence at George Mason University.
  • On January 23, spoke about state funding opportunities at the webinar “University Participation in SBIR/STTR”

Emily Michiko Morris (C-IP² Senior for Life Sciences and Scholar; C-IP² 2021-2022 Edison Fellow; David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law)

• • In February, submitted remarks to the NIST on Bayh-Dole and march-in rights

Seán M. O’Connor (C-IP² Faculty Advisor; Faculty Advisor, Innovation Law Clinic; Professor of Law, George Mason University Antonin Scalia Law School)

• • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar; Associate Dean of Academic Affairs, Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law)

• • Participated in C-IP²‘s December 8 High Tech Roundtable at Scalia Law in Arlington, VA
  • Chapter “Efficient Infringement in the SEP Space” was published in January in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, eds. Jonathan M. Barnett & Seán M. O’Connor (Cambridge: Cambridge University Press, 2024)
  • Submitted remarks on Bayh-Dole and march-in rights on February 5
  • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights
  • Was interviewed for February 7 AccelPro IP Law podcast episode “On Predatory Infringement and Patent Law”
  • Spoke at Drake University’s Law and Economics Speaker Series on February 8

Michael Risch (C-IP² Senior Scholar; Vice Dean and Professor of Law, Villanova University Charles Widger School of Law)

• • Participated in C-IP²‘s December 8 High Tech Roundtable at Scalia Law in Arlington, VA

W. Keith Robinson (C-IP² Senior Scholar; Professor of Law, Wake Forest University School of Law)

• • Participated in C-IP²‘s December 8 High Tech Roundtable at Scalia Law in Arlington, VA
  • On February 3, presented “Written Description, the Enablement Requirement, and Machine Learning Patents” at the 21^st Annual Works in Progress in Intellectual Property Scholars Colloquium (WIPIP2024) at Santa Clara University School of Law, Santa Clara, CA
  • On February 16, spoke on the panel “The Past and the Future of IP Law” at the 20th Symposium on Emerging Intellectual Property Issues: Intellectual Property and Texas at SMU Dedman School of Law, Dallas, TX
  • On February 27, spoke about “Artificial Intelligence and Inventorship” on the panel Machine Learning: What does it change and why does it matter? at Wake Forest University, Winston-Salem, NC

Mark F. Schultz (C-IP² Senior Scholar; Goodyear Tire & Rubber Company Chair in Intellectual Property Law, University of Akron School of Law; Director, Center for Intellectual Property Law and Technology)

• • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Ted Sichelman (C-IP² Senior Scholar; Professor of Law, University of San Diego School of Law; Director, Center for Intellectual Property Law & Markets; Founder & Director, Center for Computation, Mathematics, and the Law; Founder & Director, Technology Entrepreneurship and Intellectual Property Clinic)

• • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Brenda Simon (C-IP² Senior Scholar; ProFlowers Professor of Internet Studies and Professor of Law, California Western School of Law)

• • On February 16, presented paper “Bespoke Regulation of Artificial Intelligence” at the Loyola Law Review Symposium: The Global Race Toward AI Regulation at Loyola Law School in Los Angeles, CA

Saurabh Vishnubhakat (C-IP² Senior Scholar; Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law)

• • Participated in C-IP²‘s December 8 High Tech Roundtable at Scalia Law in Arlington, VA

High Tech: Scholarship & Other Writings

Jonathan M. Barnett, “How Regulators Endanger U.S. and EU Technology Leadership in the Global Wireless Marketplace,” CSIS (February 8, 2024)

Jonathan M. Barnett and David J. Kappos, “Restoring Deterrence: The Case for Enhanced Damages in a No-Injunction Patent System,” in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, eds. Jonathan M. Barnett & Seán M. O’Connor (Cambridge: Cambridge University Press, 2024), 129-152

Eds. Jonathan M. Barnett and Seán M. O’Connor, 5G and Beyond Intellectual Property and Competition Policy in the Internet of Things (Cambridge: Cambridge University Press, 2024)

Camilla A. Hrdy and Daniel H. Brean, The Patent Law Origins of Science Fiction, Columbia Journal of Law & the Arts, Volume 47, Forthcoming

Andrei Iancu, Foreword: “Why Patents Are Critical for Standards-Based Technologies,” in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, eds. Jonathan M. Barnett & Seán M. O’Connor (Cambridge: Cambridge University Press, 2024), xi-xiv

Hon. F. Scott Kieff & Thomas D. Grant, “Patents and Competition: Commercializing Innovation in the Global Ecosystem for 5G and IoT,” in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, eds. Jonathan M. Barnett & Seán M. O’Connor (Cambridge: Cambridge University Press, 2024), 242-262

Kristen Osenga, “Efficient Infringement in the SEP Space,” in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, eds. Jonathan M. Barnett & Seán M. O’Connor (Cambridge: Cambridge University Press, 2024), 111-128

Kristen J. Osenga, “The Loss of Injunctions under eBay: Evidence of the Negative Impact on the Innovation Economy,” Hudson Institute (February 28, 2024)

Ruud Peters, Igor Nikolic, & Bowman Heiden, “Designing SEP Licensing Negotiation Groups to Reduce Patent Holdout in 5G/IoT Markets,” in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, eds. Jonathan M. Barnett & Seán M. O’Connor (Cambridge: Cambridge University Press, 2024), 155-174

Nicolas Petit and Bowman Heiden and Thibault Schrepel, Situating Dynamic Competition: An Evolution Beyond Chicago (January 11, 2024). Dynamic Competition Initiative (DCI) Working Paper 1-2024

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Life Sciences

Life Sciences: C-IP²-Hosted & Co-Hosted Events

C-IP² Roundtable: IP and Biopharmaceutical Policy

This February 9 roundtable explores “hot topics” in the biopharmaceutical industries. Discussion topics addressed the ongoing uncertainty concerning patent-eligible inventions and discoveries and how PERA attempts to address these issues; how the policy rhetoric of “evergreening” and “patent thickets” represents attacks on incremental innovation and the commercialization of new therapeutic treatments; how the PREVAIL Act and other proposals to modify PTAB proceeds might impact the biopharmaceutical industries; the threat of government price controls being imposed under 28 U.S.C. § 1498, march-in rights, and Medicare pricing controls in the IRA.

A hallmark of C-IP² events is that we tie all discussions about patented innovation to real-world commercial and legal issues faced by innovators and companies working in the innovation industries. Thus, this roundtable included academics, lawyers, and representatives from the bio-pharmaceutical industry.

Life Sciences: News & Speaking Engagements

Signers for the December 4 C4IP “Letter on Covid-19 IP waiver” included C-IP² Advisory Board Members the Hon. Andrei Iancu, the Hon. David Kappos, the Hon. Paul Michel, and the Hon. Susan G. Braden (C-IP² Jurist in Residence), as well as C-IP² Interim Executive Director Joshua Kresh.

On December 14, C-IP² Advisory Board Member the Hon. David Kappos (C4IP; Cravath) participated in a virtual fireside chat hosted by the Bayh-Dole Coalition on “President Biden’s March-in Framework.”

C-IP² Jurist in Residence the Honorable Susan G. Braden and C-IP² Advisory Board Member the Honorable Paul R. Michel both spoke on January 18 AEI panel “Intellectual Property and Biopharmaceuticals: Implications of Changes in US Protections for Clinical Data and Technology” in Washington, D.C.

On January 24, C-IP² Advisory Board Members and formers USPTO Directors the Hon. David Kappos and the Hon. Andrei Iancu spoke at the Bayh-Dole Coalition and Council for Innovation Promotion briefing in Washington, D.C. on the Bayh-Dole Act’s importance in U.S. innovation and the implications of the march-in rights put forward by the Biden Administration.

In February, C-IP² Fellows, Scholars, and Affiliates were busy submitting comments on the NIST Draft Guidance for exercising march-in rights. We do not think the guidance would achieve the underlying goal of lowering drug pricing; instead, it would undermine the Bayh-Dole Act’s goals of commercializing public-funded research.

• • C-IP² Senior Fellow for Life Sciences & Scholar Professor Emily Michiko Morris submitted remarks to the National Institute of Standards and Technology (NIST) that were also signed by David Grossman (C-IP² Practitioner in Residence), Joshua Kresh (C-IP² Interim Executive Director), Professor Seán M. O’Connor (C-IP² Faculty Advisor), Professor Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar), and Professor Mark F. Schultz (C-IP² Senior Scholar).
  • C-IP² Senior Fellow for Innovation Policy & Senior Scholar Professor Kristen Jakobsen Osenga submitted remarks to the National Institute of Standards and Technology (NIST) on February 5.
  • The U.S. Chamber of Commerce submitted remarks that were also signed by Joshua Kresh (C-IP² Interim Executive Director) in his own capacity, the Hon. Paul Michel (C-IP² Advisory Board Member), and the Hon. Susan G. Braden (C-IP² Jurist in Residence & Advisory Board Member).
  • Comments by 22 Scholars and Former Officials on Bayh-Dole Guidance Framework was submitted to the National Institute of Standards and Technology (NIST)with signees including Professor Jonathan M. Barnett (C-IP² Senior Scholar), the Hon. Susan G. Braden (C-IP² Jurist in Residence & Advisory Board Member), Professor Daniel R. Cahoy (C-IP² Senior Scholar), Professor Chris Holman (C-IP² Senior Scholar), Professor Justin (Gus) Hurwitz (C-IP² Senior Scholar), the Hon. Andrei Iancu (C-IP² Advisory Board Member), the Hon. Paul Michel (C-IP² Advisory Board Member), Professor Emily Michiko Morris (C-IP² Senior Fellow for Life Sciences & Scholar), Professor Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar), the Hon. Randall R. Rader (C-IP² Advisory Board Member), and Professor Ted Sichelman (C-IP² Senior Scholar)

 

Dr. Kristina M. L. Acri, née Lybecker (C-IP² Senior Scholar; John L. Knight Chair of Economics and Professor of Economics, Colorado College)

• • On December 7, Dr. Acri presented her work at the Macalester College Economics Research Seminar. Her presentation was entitled “Economic Analysis of Distorted Drug Patents,” and it drew upon her work with Professor Erika Lietzan.

Jonathan Barnett (C-IP² Senior Scholar; Torrey H. Webb Professor of Law, USC Gould School of Law)

• • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Chief Judge Susan G. Braden (Court of Federal Claims (Ret.); C-IP² Jurist in Residence)

• • Signed the December 4 C4IP “Letter on Covid-19 IP waiver”
  • On December 7, attended an American Arbitration Association (AAA) program in New York City on alternative dispute resolution (ADR) in Life Science cases
  • On December 14, attended a Bayh-Dole Coalition Meeting on the “march-in” draft agency guidance notice in the Federal Register
  • On December 19, attended a United Inventors Association Board Meeting
  • On January 9, attended the ABA IP Section Council Meeting on proposed Bayh-Dole March-In Guidelines
  • Spoke on January 18 AEI panel “Intellectual Property and Biopharmaceuticals: Implications of Changes in US Protections for Clinical Data and Technology” in Washington, D.C.
  • Was an author on the January 29 United Inventors Association comments on proposed Bayh-Dole march-in guidelines
  • Was an author on the January 31 ABA IP Section Comments on proposed Bayh-Dole march-in guidelines
  • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights
  • Signed February U.S. Chamber of Commerce remarks on Bayh-Dole and march-in rights
  • On February 8, attended and participated in C-IP²’s BioPharma Roundtable at Antonin Scalia Law School
  • On February 19, attended the Naples IP Roundtable and served a panelist for Panelist “PPAC at 25 Years”
  • Moderated the February 29 Federalist Society webinar “NIST’s Proposed Framework for a New Approach to Bayh-Dole March-in: What You Need to Know” with Professor Jorge Contreras (University of Utah, S.J. Quinney College of Law), Charles Crain (VP, Domestic Policy at National Association of Manufacturers), Chris Israel (Senior Partner, AGC Advocacy), and Jeffrey E. Depp, AUTM Public Policy Legal Task Force

Daniel R. Cahoy (C-IP² Senior Scholar; Robert G. and Caroline Schwartz Professor, The Pennsylvania State University’s Smeal College of Business; Research Director, Center for the Business of Sustainability)

• • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Tabrez Ebrahim (C-IP² Scholar; Associate Professor, California Western School of Law)

• • On December 9, gave a research presentation on “Bioethics and Patent Policy” and participated in a panel on “Policy Implementation in Bioethics” for the 8th Annual International Conference on Ethics in the MENA: Implementing Bioethics Policies with the University of Science & Technology, Yemen and The Research Conduct of Research at Jordan University of Science & Technology (JUST)
  • On December 13, gave a seminar presentation to the Jordan University of Science & Technology (JUST) Faculty of Pharmacy and graduate students in pharmacy, medical technology, and medicinal chemistry programs entitled “Introduction to Intellectual Property Law”

Joshua Kresh (C-IP² Interim Executive Director)

• • Signed the December 4 C4IP “Letter on Covid-19 IP waiver”
  • On February 15, spoke as a panelist at the Giles S. Rich American Inn of Court (GSRAIC) program Trending Topics In Intellectual Property: Innovation Policy and Artificial Intelligence
  • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights
  • Signed February U.S. Chamber of Commerce remarks on Bayh-Dole and march-in rights

David Grossman (C-IP² Practitioner in Residence; Senior Director of Technology Transfer & Industry Collaboration, Office of Technology Transfer, George Mason University)

• • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Christopher Holman (C-IP² Senior Fellow for Life Sciences & Senior Scholar; Professor of Law, University of Missouri-Kansas City School of Law)

• • Published December 11 Patently-O article When is the use of a product a “substantial noninfringing use” for purposes of Section 271(c)?
  • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights 

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Senior Fellow and Academic Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Carey Law School)

• • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights 

Erika Lietzan (C-IP² Senior Scholar; William H. Pittman Professor of Law & Timothy J. Heinsz Professor of Law, University of Missouri School of Law)

• • Was mentioned in February 2 Yale Journal of Regulation’s Notice & Comment piece “D.C. Circuit Review – Reviewed: An Early Fall”

Hina Mehta (C-IP² Practitioner in Residence; Director, University Commercialization Program Director, University Commercialization Program at Virginia Innovation Partnership Corporation (VIPC))

• • Was quoted in January 9 EIN Presswire article “VIPC Awards CCF Grant to VCU to Advance a Novel, Non-Invasive Treatment for Brain Cancer in Humans”

Emily Michiko Morris (C-IP² Senior for Life Sciences and Scholar; C-IP² 2021-2022 Edison Fellow; David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law)

• • In February, submitted remarks to the NIST on Bayh-Dole and march-in rights

Seán M. O’Connor (C-IP² Faculty Advisor; Faculty Advisor, Innovation Law Clinic; Professor of Law, George Mason University Antonin Scalia Law School)

• • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar; Associate Dean of Academic Affairs, Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law)

• • Submitted remarks on Bayh-Dole and march-in rights on February 5
  • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Mark F. Schultz (C-IP² Senior Scholar; Goodyear Tire & Rubber Company Chair in Intellectual Property Law, University of Akron School of Law; Director, Center for Intellectual Property Law and Technology)

• • On January 31, on behalf of the University of Akron School of Law Center for Intellectual Property & Technology and the Geneva Network, filed comments responding to the Department of Health and Human Service’s request for feedback on the proposed WHO Pandemic Preparedness Agreement
  • Signed February remarks by Professor Emily Michiko Morris and comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Ted Sichelman (C-IP² Senior Scholar; Professor of Law, University of San Diego School of Law; Director, Center for Intellectual Property Law & Markets; Founder & Director, Center for Computation, Mathematics, and the Law; Founder & Director, Technology Entrepreneurship and Intellectual Property Clinic)

• • Signed February comments by 22 Scholars and Former Officials in response to NIST request for comments on Bayh-Dole and march-in rights

Life Sciences: Scholarship & Other Writings

Chris Holman, When is the use of a product a “substantial noninfringing use” for purposes of Section 271(c)?, Patently-O (December 11, 2023)

Camilla A. Hrdy and Daniel H. Brean, The Patent Law Origins of Science Fiction, Columbia Journal of Law & the Arts, Volume 47, Forthcoming

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Greetings from C-IP² Interim Executive Director Joshua A. Kresh

I am pleased to report a successful quarter and fall semester and am looking forward to several upcoming events this winter.

We hosted the second meeting of our 2023-2024 Edison Fellowship in September and are looking forward to our third meeting in January and to paper publication in 2024. We also have accepted our 2024-2025 cohort, whom we will meet in March.

We hosted two public conferences this fall: The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres—which was our third music conference and our first conference at George Mason’s campus in South Korea—as well as our Annual Fall Conference entitled First Sale: The Role of IP Rights in Markets, where we were honored to have Judge Pauline Newman join us for a special reception. A few of our speakers are working on papers relating to the conference that I hope to have more details to share about soon.

We have several private roundtables coming up, and our book, 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, will be available soon. Look for updates regarding the book launch in 2024.

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C-IP² Hosted & Co-Hosted Events

Thomas Edison Innovation Law and Policy Fellowship
On September 7-8, C-IP2 hosted the second meeting of the 2023-2024 Thomas Edison Innovation Law and Policy Fellowship. This meeting was devoted to the Edison Fellows’ presenting their draft works in progress that they researched and drafted over the summer months of 2023. Each Edison Fellow received extensive feedback during presentation sessions devoted to each draft work in progress, including specific commentary from the Distinguished Commentators.

Conference on Music and Law at Mason Korea
– View session recordings on YouTube
– Visit Mason Korea’s website to read more 
– View photos from the event

On October 10, C-IP², George Mason University Korea, and the Music Ecosystems Institute hosted a conference on “The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres.” This is the third instantiation of the “law and music ecosystems” conferences that Professor Seán O’Connor has organized at Mason and elsewhere. This year’s focus was on the posited role of South Korea’s copyright policy changes going into the new millennium which were designed to increase the nation’s “soft power” around the globe. Accordingly, K-Pop figured prominently, as did explorations of policy regimes behind other ascendant global music trends such as Mando-Pop and Indonesian pop and folk forms. Featured speakers included Mason Korea K-Pop expert, Professor Gyu Tag Lee, and K-Pop and movie industry producer, Kyu Lee. “We’re pleased to host to host this music law conference to demonstrate the increasing collaboration between George Mason’s US and Korea campuses,” said O’Connor. “Investigating topics of music law, IP, AI, and social media in the context of the global phenomenon of K-Pop is critical to the legal, policy, and of course, music communities.” Media mentions of the conference are included below.

• • “George Mason University Korea Hosts Conference on ‘The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres’” (Metro Shinmun, October 11, 2023)
  • “George Mason University Korea Hosts Conference on ‘The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres’” (Daehan Economics, October 11, 2023)
  • “George Mason University Korea Hosts Conference on ‘K-Pop’” (Business Korea, October 11, 2023)
  • “George Mason University Korea Hosts Conference on ‘The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres’” (Segye News Agency, October 11, 2023)
  • “K-Pop, One of the Hottest Young Music Genres in the World Right Now”(Media Incheon Shinmun, October 11, 2023)
  • “George Mason University Korea Hosts Conference on ‘The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres’”(Woori Ilbo, October 11, 2023)
  • “George Mason University Korea Hosts Conference on ‘The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres’”(Golden Times, October 11, 2023)
  • [“Daily Today] George Mason University Korea Hosts Conference on ‘The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres’” (Daily Today, October 11, 2023)
  • “Mason Korea and Scalia Law Host Conference on K-Pop and Law” (Mason Korea | News, October 16, 2023 (also linked in GMU’s The George Newsletter, November 9, 2023))

C-IP² 2023 Annual Fall Conference

C-IP²’s 2023 Annual Fall Conference explored IP issues arising from major Supreme Court decisions, new licensing approaches, national security issues, and tech innovation (Metaverse, crypto, NFTs, and generative AI). Impacted doctrines include first sale, SEP and FRAND, TRIPS waiver, functional claiming, so-called patent thickets, and more. During conference panels, leading academics, practitioners, industry heads, and judges worked through the most important new developments in IP, tech, and the arts. This year’s conference also featured a special reception celebration—co-hosted with the George Mason University Intellectual Property Law Society—honoring Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit.

• • Session recordings are available on the conference website and on YouTube.
  • “Judge Newman Says Now Is The Time To Review The AIA” (Law360, October 12, 2023)
  • The reception in Judge Newman’s honor was covered by Michael Shapiro of Bloomberg Law in October 13 article “Newman, Oldest US Judge, Feted Again in Non-Farewell Tour.”
  • “C-IP2 Annual Fall Conference | First Sale: The Role of IP Rights in Markets” (Lawdaryl.com)

C-IP² Annual Advisory Board Meeting
In conjunction with the Annual Fall Conference on IP, C-IP² held its annual Advisory Board meeting, bringing together sustaining donors, former government heads, and academics to discuss timely IP matters and future programming. As always, we appreciate the Board’s valuable input.

C-IP² JIPA Delegation Tour & Lecture
On October 17, C-IP² hosted the 2023-2024 Japan Intellectual Property Association (JIPA) attendees for a fabulous tour of George Mason University – Antonin Scalia Law School and a lecture on “Bayh-Dole and Section 1498 Are Not Price Controls” by Professor Seán O’Connor. JIPA is the largest corporate IP organization in Japan. Westerman Hattori Daniels & Adrian LLP (WDAP, LLP) has been managing the JIPA Seminar, the U.S. IP practices, for the past 35 years. Hattori Ken-Ichi is Partner at WDAP, LLP, and has been C-IP²‘s friend and main contact with the JIPA seminar over the last several years. Ken is also a GMU Law graduate.

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News & Speaking Engagements

Sandra Aistars’ article Copyright’s Lost Art of Substantial Similarity is now in print! (Vanderbilt JETLaw Volume 26, Issue 1 (Spring 2023))

Published on September 13 by the U.S. Chamber of Commerce, the statement “IP Principles: Our Beliefs about Intellectual Property” included as signatories Joshua Kresh (C-IP² Interim Executive Director); Professor Emily Michiko Morris (C-IP² Senior Fellow for Life Sciences & Scholar); Professor Kristen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar); Professor Lateef Mtima (C-IP² Senior Scholar); Judge Susan G. Braden (C-IP² Jurist in Residence & Advisory Board Member); Judge Paul R. Michel and Karyn Temple (C-IP² Advisory Board Members); Copyright Alliance, MPA, RIAA, and Association of American Publishers (C-IP² Sustaining Donors); and Bruce Berman of CIPU (C-IP² Institutional Partner), as well as C-IP² Institutional Partners USIPA, Institute for Intellectual Property x Social Justice (IIPSJ).

A number of scholars and of retired judges and government officials and addressed a September 28 Letter to Congress on the Bayh-Dole Act to Senator Bernie Sanders, Congressman Jason Smith, Senator Bill Cassidy, and Congressman Richard Neal. Signatories included Professor Jonathan Barnett (C-IP² Senior Scholar), Judge Susan G. Braden (C-IP² Jurist in Residence & Advisory Board Member), Professor Daniel R. Cahoy (C-IP² Senior Scholar), Dr. Bowman Heiden (C-IP² Advisory Board Member), Professor Christopher Holman (C-IP² Senior Scholar), Professor Justin (Gus) Hurwitz (C-IP² Senior Scholar), The Honorable Andrei Iancu (C-IP² Advisory Board Member), Professor Adam MacLeod (C-IP² Senior Scholar), The Honorable Paul R. Michel (C-IP² Advisory Board Member), Professor Emily Michiko Morris (C-IP² Senior Fellow for Life Sciences & Scholar), Professor Kristen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar), The Honorable Randall R. Rader (C-IP² Advisory Board Member), and Professor Ted Sichelman (C-IP² Senior Scholar).

2022-2023 Thomas Edison Innovation Law and Policy Fellow William Matcham published an October 4 blog post, “Using Economic Models to Evaluate the Efficacy of U.S. Patent Examination,” on C-IP²’s blog about his Edison article, Screening Property Rights for Innovation, with co-author Mark Schankerman.

After seven years at the Copyright Alliance, where she served as Vice President, Legal Policy and Copyright Counsel, C-IP² Practitioner in Residence Terrica Carrington has joined the Motion Picture Association as Senior Counsel & Director, Law, Policy & International. The C-IP² team sends our heartfelt congratulations on this new chapter!

A big thank you to 2022-2023 Edison Fellow Mary Catherine Amerine, who stepped in to moderate the panel “The Limits of First Sale in Trademark Law: Upcycling & Material Alteration” at C-IP²’s 2023 Annual Fall Conference! And thank you to Professor Alexandra Roberts for coordinating a great panel!

The reception in Judge Pauline Newman’s honor was covered by Michael Shapiro of Bloomberg Law in October 13 article “Newman, Oldest US Judge, Feted Again in Non-Farewell Tour.”

In Fall 2023, the National Academy of Inventors ranked George Mason University No. 91 in its list of the top 100 universities granted patents during 2022!  “Mason is in the business of discovery,” said Andre Marshall, Vice President for Research, Innovation, and Economic Impact at Mason. “Our researchers are curiosity-driven. As such, we don’t always know where our research will lead or what impact it may have. I am absolutely delighted that the Mason Enterprise tech transfer team is working with our researchers on inventions and patents to transform our discoveries into impact.” Read more.

According to the latest report of EduRank, George Mason University is ranked No. 1 among public universities for research performance in entrepreneurship, and No. 2 overall nationally. Read more.

George Mason University was mentioned for being among the Top 50 public colleges with the best return on investment, according to Georgetown University’s Center on Education and the Workforce Study.

C-IP² Advisory Board Members Andrei Iancu and David Kappos were featured speakers at the UIC Center for Intellectual Property, Information & Privacy Law’s Annual Intellectual Property, Information & Privacy Law Conference in Chicago, Illinois, on November 10.

The Berkeley Technology Law Journal issue from the February 2023 Berkeley-NYU Symposium The Impact of the Patent System on Markets for Technology was published on November 6 and features several C-IP² affiliates:

• • Antitrust Mercantilism: The Strategic Devaluation of Intellectual Property Rights in Wireless Markets by C-IP² Senior Scholar Professor Jonathan Barnett
  • How Weak are Strong Patents: Patent Holdout and Small(er) Technology Firms by C-IP² Scholar Dr. Bowman Heiden and co-author Matthew Rappaport
  • Hit the Road, Jack: The Auto Industry as the Next Vehicle for Predatory Infringement by C-IP² Senior Fellow for Innovation Policy and Senior Scholar Professor Kristen Jakobsen Osenga
  • Patents as Hedges by C-IP² Senior Scholar Professor Ted Sichelman

Congratulations to GMU Scalia Law 3L and C-IP² Research Assistant Cala Coffman and her teammates, Laura Niday and Thyme Hawkins, for advancing to the Quarterfinals of the National Entertainment Law Moot Court Competition held November 10-11 at Pepperdine Caruso Law in Malibu, CA!

Updates from C-IP² Edison Fellows

• • 2022-2023 Cohort
    • Kirk A. Sigmon (C-IP² 2022-2023 Edison Fellow; Attorney, Banner & Witcoff, Ltd.)
      • Edison paper Nerds v. Nintendo: Video Game Decompilations Versus Rights-Holder Interests has been accepted for publication in Volume 45 of the Cardozo Law Review (Westlaw version available here)
  • 2023-2024 Cohort
    • Michael Goodyear (C-IP² 2023-2024 Edison Fellow; Acting Assistant Professor, New York University School of Law)
      • On September 8, presented paper “Infringing Information Architectures” at the second Thomas Edison Innovation Law and Policy Fellowship workshop
      • On September 12, presented paper “Queer Trademarks” at the Queering Private Law Workshop at the University College London Faculty of Laws.
      • On October 4, presented talk “Emerging Issues in Copyright Law” to the Seton Hall Intellectual Property Students Association
      • On October 23, submitted a comment in response to the U.S. Copyright Office’s Artificial Intelligence Study
      • On October 11, presented paper “Infringing Information Architectures” at the NYU Information Law Institute’s Privacy Research Group
      • On October 16, participated as a panelist at the Cardozo School of Law FAME Center’s “The Future of Entertainment: AI Takes the Stage” event
      • On October 23, presented paper “Infringing Information Architectures” at the NYU Lawyering Scholarship Colloquium
      • October 28, presented paper “Queer Trademarks” at the Mosaic IP Law and Policy Roundtable Conference
      • On November 3, presented talk “Reading the Registration Tea Leaves: Tam, Brunetti . . . Elster?” at UNH Franklin Pierce School of Law’s conference, Section Two Small: Exploring the New Constitutional Limits on Trademark Law
      • On November 6, presented talk “Entertainment Law Through AI and Copyright” to the New York Law School Media, Entertainment, and Fashion Law Association
      • On November 13, participated as a panelist for the NYU Intellectual Property and Entertainment Law Society’s Careers in Entertainment Law event
      • On November 14, presented talk “IP & AI: Current Issues & Careers” to the Rutgers Intellectual Property Law Society
      • On November 16, guest lectured on copyright and generative AI for a data science class at the University of California, Berkeley, School of Information
      • Was selected as a Fellow at the Università degli Studi di Milano’s Information Society Law Center
      • Was selected as a Faculty Affiliate at the University of North Carolina’s Center for Information, Technology, and Public Life
    • Fidelice Opany (C-IP² 2023-2024 Edison Fellow; Academic Tutor, Maseno University)
      • • Post “Obvious Intentions” on AI and patents was published in October by the Center for Learning Intellectual Property (CLIP)
    • Nicola Searle (C-IP² 2023-2024 Edison Fellow; Senior Lecturer (Associate Professor), Institute for Creative & Cultural Entrepreneurship (ICCE), Goldsmiths, University of London)
      • • Was quoted in November 28 IAM article “Shielding trade secrets during a ‘cybersecurity pandemic’”

 

Sandra Aistars (C-IP² Senior Fellow for Copyright Research and Policy & Senior Scholar; Founding Director, Arts & Entertainment Advocacy Clinic; Clinical Professor of Law, George Mason University Antonin Scalia Law School)

• • As of this progress report, Professor Aistars’ 2022-2023 Edison Fellowship paper, Copyright’s Lost Art of Substantial Similarity, has been ranked on nine separate SSRN Top Ten Lists. During the first months after publication, the paper appeared as one of the most downloaded papers in its subject matter area for multiple weeks running on the following Top Ten Lists: “Art Law,” “Innovation & Copyright/IP,” “Innovation Disciplines eJournals,” “Innovation Law & Policy eJournal,” “Innovation Research & Policy Network,” “Intellectual Property: Copyright Law eJournal,” “IRPN Subject Matter eJournals,” “Legislation & Statutory Interpretation eJournal,” and “Visual, Performing & Fine Arts Research Network (All Papers).” The article is also now in print (Vanderbilt JETLaw Volume 26, Issue 1 (Spring 2023)): Sandra M. Aistars, Copyright’s Lost Art of Substantial Similarity , 26 Vand. J. Ent. & Tech. L. 109 (2023) [also available on SSRN].
  • Interview “On AI Output And Training – Evolving Environments” with AccelPro was published on October 11: “In this conversation [with Professor Aistars], we discuss generative artificial intelligence output and training, as well as the intellectual property and copyright issues surrounding it.”
  • Served on the Conference Planning Committee for and moderated the panel on “IP & Tech” for the 2023 Mosaic IP Law and Policy Roundtable and Conference on IP Rights and Wrong: Advancing Social Justice and Ethics, co-hosted by IIPSJ and University of Illinois Chicago Law on October 27-28
  • Organized and moderated the panel “What’s Next for Copyright and Licensing After Warhol and Internet Archive?” and the panel “Generative AI and Human Authorship” at C-IP²’s October 12-13 2023 Annual Fall Conference
  • Filed comments for the October 30 deadline for comments in the Artificial Intelligence and Copyright NOI (notice of inquiry) announced by the U.S. Copyright Office
  • On November 3, moderated a panel on trademark enforcement at the Section Two Small Conference: Exploring the New Constitutional Limits on Trademark Law, which was sponsored by the Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law in Concord, NH
  • On November 14, the Mason Arts & Entertainment Advocacy Clinic—directed by Professor Aistars—with the Washington Area Lawyers for the Arts (WALA) and the National Association of Voice Actors (NAVA) hosted online clinic event “AI and Artists Now: What To Do While Waiting for Congress And The Courts”
  • On November 15, spoke on the ACT | The App Association panel “Copyright’s Digital Dilemma: The Benefits and Risks of Generative AI” in person in Washington, D.C.

Olufunmilayo B. Arewa (C-IP² Senior Fellow for Entrepreneurship & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • On September 7, presented selections from forthcoming book project Curating Black Culture: Music, Ownership and Commodification at a Faculty Works-in-Progress presentation at the University of Minnesota Law School
  • Gave a presentation with Professors Maggie Chon (Seattle Law) and Jacqui Lipton (Pittsburgh Law) entitled “Incentive to Create or Exploit? Music Creation and Copyright Abuse?” on October 28 at the 2023 Mosaic IP Law and Policy Roundtable and Conference in Chicago, Illinois
  • Gave a presentation on selections from current book project Curating Black Culture: Music, Ownership and Commodification at the November 3-4 Legitimacy in an Online World conference at Yale Law School
  • Gave the keynote address on the topic “What do We Mean by Musical Notation, Inscription, or Visualization?” at the November 9 AMS Music Notation, Inscription, Visualization Study Group event Beyond the Staff: Notation Pedagogies and Practices, which was part of the November 9-12 Society for Music Theory (SMT) 46^th Annual Meeting Held Jointly with the American Musicology Society (AMS) in Denver, CO (see the program guide for more)
  • On November 20, gave a virtual lecture about her book Disrupting Africa: Technology, Law, and Development for a graduate Technoprudence course at the University of Ottawa (Professor Arewa’s book is also available online at Amazon and Barnes & Noble)

Jonathan Barnett (C-IP² Senior Scholar; Torrey H. Webb Professor of Law, USC Gould School of Law)

• • Signed a September 28 Letter to Congress on Bayh-Dole

Chief Judge Susan G. Braden (Court of Federal Claims (Ret.); C-IP² Jurist in Residence)

• • On September 14, participated in the session “Understanding ‘Lobbying the Courts’: Why It Matters and How it Looks Like” at the HEC Paris Workshop on Lobbying the Courts, cohosted by the HEC Paris business school and the HEC’s Society & Organizations Institute in Versailles, France
  • On September 19, was a panelist at the IPWatchdog LIVE breakout session on “Controlling Drug Prices: What is the Role of Government, Patents & Exclusivity?” with Henry Hadad (Senior Vice President and Deputy General Counsel, Bristol-Myers Squibb) and Brad Watts (Vice President, Innovation Policy, U.S. Chamber of Commerce’s Global Innovation Policy Center)
  • On September 21, was appointed by the President of the ABA to the ABA Task Force on Law and Artificial Intelligence
  • On September 27-28, attended and participated in a drafting session of the Restatement of Copyright Law at the American Law Institute in Philadelphia, PA
  • Signed a September 28 Letter to Congress on Bayh-Dole
  • Attended the Scalia Society Dinner on October 10 at the Sulgrave Club to Honor the Life of Ambassador Boyden Gray and his work founding the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School
  • Organized and moderated the panel “Patent Thickets: Distinguishing Between Technologies” at C-IP²’s October 12-13 2023 Annual Fall Conference with Professor Scott Kieff (George Washington School of Law), Professor Emily Michiko Morris (University of Akron School of Law), Dr. Kevin Noonan (Co-Chair Biotech and Pharma Practice Group, McDonnell Boehnen), and Hans Sauer (Deputy General Counsel and VP for Intellectual Property, Biotechnology Innovation Organization)
  • Convened the ABA IP Section, Government Rights Committee meeting on October 17
  • Joined C4IP’s 1st Anniversary Reception on October 18
  • On October 27, was mentioned in The American Law Institute’s news story “ABA Task Force on Law, Society and the Judiciary”
  • Co-authored the Patent Public Advisory Committee 2023 Annual Report, which the USPTO published on November 1, to President Biden and the Senate and House Judiciary Committees
  • On November 29-30, attended Patent Public Advisory Committee (PPAC) public meetings about the 2023 Annual Report

Daniel R. Cahoy (C-IP² Senior Scholar; Robert G. and Caroline Schwartz Professor, The Pennsylvania State University’s Smeal College of Business; Research Director, Center for the Business of Sustainability)

• • Signed a September 28 Letter to Congress on Bayh-Dole
  • Spoke on the panel “The Limits of First Sale in Trademark Law: Upcycling & Material Alteration” at C-IP²’s October 12-13 2023 Annual Fall Conference
  • On November 3, spoke on a panel on trademark enforcement at the Section Two Small Conference: Exploring the New Constitutional Limits on Trademark Law, which was sponsored by the Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law in Concord, NH

Terrica Carrington (C-IP² Practitioner in Residence; Senior Counsel & Director, Law, Policy & International, The Motion Picture Association)

• • On September 22, spoke on a panel at AMERICANAFEST in Nashville, TN, titled “The Copyright Claims Board: A Big Deal for Small Claims.” The panel also included David Carson (U.S. Copyright Office) and moderator Colin Rushing (Duck Road Advisory LLC).
  • In October, joined the Motion Picture Association as Senior Counsel & Director, Law, Policy & International [Read more: MPA press release and Law360 announcement]
  • Was mentioned in October 31 Deadline post “MPA Sees ‘No Need’ for New AI Copyright Legislation Or Special Rules, Warns of ‘Inflexible’ Guidelines”
  • Was mentioned in November 1 Digital Chew article “Hollywood Studios Push Back on AI Copyright Legislation”

Theo Cheng (C-IP² Practitioner in Residence; Arbitrator and Mediator, ADR Office of Theo Cheng LLC; Adjunct Professor, New York Law School)

• • On November 15, completed the fifth (and last) anti-bias training program this calendar year for the New York State Courts, giving a two-hour training course on unconscious biases and their impact on decision making to court roster arbitrators who handle attorneys’ fee disputes. Mr. Cheng is scheduled to deliver six more similar training programs in the first quarter of 2024.
  • On November 19, was a panelist on a program entitled “Perspectives From the Trenches – Part 3: ADR Professionals,” which was part of the American Arbitration Association’s Diverse Student ADR Summit
  • On November 21, was the featured speaker on a program entitled “A Refreshed Way to Deliver the Mediator’s Proposal” for the Maryland Mediation and Conflict Resolution Office of the Maryland Administrative Office of the Courts
  • In November 2023, the New York State Bar Association Entertainment, Arts & Sports Law Journal published Mr. Cheng’s column entitled “Arbitration Agreements Are Not Only for Future Disputes”

Eric Claeys (C-IP² Senior Fellow for Scholarly Initiatives & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

• • On September 7-8, participated in the second meeting of the 2023-2024 Edison Fellowship at George Mason Law Antonin Scalia Law School

Loletta (Lolita) Darden (C-IP² Scholar; Visiting Associate Clinical Professor and Director, Intellectual Property and Technology Clinic, The George Washington University Law School)

• • Served on the Voting Committee for the Patent Public Advisory Committee 2023 Annual Report, which the USPTO published on November 1, to President Biden and the Senate and House Judiciary Committees

Gerardo Con Díaz (C-IP² Scholar; Associate Professor, Science and Technology Studies, University of California, Davis College of Letters and Science)

• • Quoted in October 21 The New York Times story “Martin Goetz, Who Received the First Software Patent, Dies at 93”

Gregory Dolin (C-IP² Senior Scholar; Associate Professor of Law, University of Baltimore School of Law)

• • Was quoted in September 2 Bloomberg Law article “Federal Circuit Jurists Hit Back at 96-Year-Old Judge’s Suit (1)”
  • Was quoted in September 7 IPWatchdog article “Judge Newman: I Cannot Understand Why My Colleagues Have Decided to Destroy Me”
  • Was mentioned in September 7 Reuters article “Lawyers say exam shows 96-year-old US appeals judge still fit to serve”
  • Was quoted in September 20 Reuters article “US appeals judge, 96, suspended in rare clash over fitness”
  • Was quoted in September 20 Bloomberg Law article “Embattled 96-Year-Old Judge Suspended in Disability Probe (2)”
  • Was mentioned in September 20 ABA Journal article “Federal appeals judge, 96, suspended after refusing to cooperate in mental fitness probe”
  • Was quoted in NPR September 20 article “A 96-year-old federal judge was barred from hearing cases in a fight over her fitness”
  • Was quoted in September 20 IPWatchdog article “A ‘Disgraceful and Insulting’ Decision: Judicial Council Officially Suspends Newman for One Year, Claiming ‘Serious Misconduct’”
  • Was quoted in September 20 Washington Post story “96-year-old judge who refuses to retire suspended for ‘misconduct’”
  • Was quoted in September 20 Above the Law article “Against The Doctor’s Orders: Judge Pauline Newman Suspended For A Year By Her Coworkers”
  • Was mentioned in September 21 Axios article “Judge, 96, suspended over refusal to comply with order on mental fitness tests”
  • Was quoted in October 2 Tampa Free Press article “Gov. Gavin Newsom Signs Repeal of California COVID-19 Medical Censorship Law”
  • Gave remarks at the Special Reception Celebration Honoring the Life and Work of Judge Pauline Newman on October 12 as part of C-IP²’s 2023 Annual Fall Conference
  • Was mentioned in October 26 Bloomberg Law article “Nation’s Oldest Judge Claps Back as She Seeks Reinstatement (1)”
  • Was quoted in October 26 IPWatchdog story “Newman Tells D.C. District Court Her Removal from Bench is ‘Unprecedented in American Judicial History’”

John F. Duffy (C-IP² Senior Scholar; Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law)

• • On September 7-8, participated in the second meeting of the 2023-2024 Edison Fellowship at George Mason Law Antonin Scalia Law School
  • Was mentioned in Gibson Dunn’s September 6 Federal Circuit Update (August 2023)

Tabrez Ebrahim (C-IP² Scholar; Associate Professor, California Western School of Law)

• • Organized the September 8 Fall Forum on Data in Business & Society at Lewis & Clark Law School; was also quoted in an August 14 Lewis & Clark Law School article promoting the event
  • On October 13, presented on “Corpus Linguistics at the Patent Office” for the Intellectual Property panel at the Eighth Annual Law & Corpus Linguistics Conference, held at Brigham Young University Law School in Utah
  • Was featured in November 30 Lewis & Clark Law School Newsroom article “Professor Tabrez Ebrahim Receives Fulbright Specialist Award: Professor Ebrahim explores the interface between bioethics and patent law, with colleagues in Jordan at the Jordan University of Science and Technology.” 

Jon M. Garon (C-IP² Senior Scholar; Professor of Law and Director of the Intellectual Property, Cybersecurity, and Technology Law program, Nova Southeastern University Shepard Broad College of Law)

• • Was a panelist for the September 26 American Bar Association Business Law Section webinar “Staying Abreast of Generative AI and Ahead of the AI Revolution”
  • In September, was a panelist on “Artificial Intelligence, Crypto, NFTs, and the Metaverse: Applying Today’s Law to Tomorrow and Beyond” at the Inaugural Symposium of the Nova Southeastern University Shepard Broad College of Law’s Goodwin Program for Society, Technology, and the Law
  • Served as organizer and moderator for “Ethics, Competence, and Professionalism in the Information Age” at the American Bar Association’s Business Law Section Annual Meeting in September
  • Spoke as a panelist on “Privacy and Cybersecurity Basics” at the Sharon and Mitchell W. Berger Entrepreneur Law Clinic’s Berger Entrepreneur Bootcamp in September
  • Was a panelist for “Staying Abreast of Generative AI and Ahead of the AI Revolution,” an American Bar Association Business Law Section on-demand webinar, which was posted in October
  • In October, presented on “Legal Implications of a Global Metaverse” for the Minnesota State Bar Association
  • Spoke on the panel “Copyrights and Trademarks in the Metaverse” at C-IP²’s October 12-13 2023 Annual Fall Conference
  • In October, was a panelist on “Privacy, Cybersecurity and AI Basics” and presenter on “Innovation, Exclusivity & Relevance” at the Sharon and Mitchell W. Berger Entrepreneur Law Clinic’s Bootcamp
  • In November, spoke as a panelist on “Social Media Platform Regulation: Dealing with Disinformation and Other Social Ills” at Sorbonne Université
  • In November, presented on “Presenter, Truth, Lies, and Data: The Supreme Court’s Jurisprudential Reconceptualization of Privacy and Speech in the Algorithmic Information Age” at George Washington University and Loyola University’s Fourteenth Annual Constitutional Law Colloquium
  • Has been elected chairperson for the AALS Section on Technology, Law and Legal Education and appointed to the AALS Technology Advisory Committee

Dr. Bowman Heiden (C-IP² Scholar; Co-Director, Center for Intellectual Property (CIP), University of Gothenburg, Visiting Professor, University of California, Berkeley)

• • Signed a September 28 Letter to Congress on Bayh-Dole

Christopher Holman (C-IP² Senior Fellow for Life Sciences & Senior Scholar; Professor of Law, University of Missouri-Kansas City School of Law)

• • Article Antibody Patents: Use of the Written Description and Enablement Requirements at the Patent & Trademark Office with coauthor Professor Sean Tu was published this September
  • On September 7-8, participated in the second meeting of the 2023-2024 Edison Fellowship at George Mason Law Antonin Scalia Law School
  • Signed a September 28 Letter to Congress on Bayh-Dole
  • Was invited to speak as a panelist on “Legal & Regulatory Considerations in Legalizing Psychedelics” at The Psychedelic Missouri Freedom Conference in Kansas City, MO, on October 28

Camilla A. Hrdy (C-IP² Scholar; Professor of Intellectual Property Law, University of Akron School of Law)

• • On September 11-12, served as a Dialogue Leader at the Sedona Conference Working Group 12 Annual Meeting on trade secrets in Minneapolis, MN
  • Article Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes (written with co-author Christopher B. Seaman; 133 Yale Law Journal (forthcoming 2023)) was posted as comment to the Federal Trade Commission on April 13, and was accepted for presentation at the 2023 Conference on Empirical Legal Studies at University of Chicago Law School. On August 3, Professor Hrdy presented the article at IP Scholars 2023 at Cardozo Law in New York City, and will shortly present the same article at the IP Colloquium at Indiana University Bloomington, in Bloomington, Indiana on September 14; the St. John’s Intellectual Property Law Colloquium at St. John’s Law School on October 2, in Queens, New York; the 2023 Conference on Empirical Legal Studies at University of Chicago, in Chicago on October 13-14; and the Georgetown Law Conference on Trade Secret Law in Washington, D.C. on November 8.
  • Was quoted in October 18 U.S. News article “What Is a Nondisclosure Agreement?”
  • On November 8, was a presenter at the Georgetown Law Trade Secrets Symposium, presented by the Institute for Technology Law & Policy at Georgetown Law in collaboration with Baker McKenzie
  • Quoted in a November 21 article from Phys.org “Unlocking the connection between science fiction and patents”

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Senior Fellow and Academic Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Carey Law School)

• • Signed a September 28 Letter to Congress on Bayh-Dole
  • Was a panelist for September 11 webinar “On Mergers and Workers: Labor Market Aspects of the Proposed U.S. Merger Guidelines,” hosted by the University of Pennsylvania’s Penn Program on Regulation
  • Was a guest on September 26 Cyberlaw Podcast Episode 473, “The U.K. Adopts an Online Safety Bill that Allows Regulation of Encrypted Messaging”
  • Was cited in September 26 R Street article “R Street Submits Comments on Proposed FTC Rule to Amend HSR Pre-Merger Filing Process”
  • Was co-organizer and discussant at the Third Annual Cybersecurity Law and Policy Scholars Conference, hosted by the Fletcher School of Law & Diplomacy at Tufts University in Medford, MA, on September 29-30
  • Along with colleagues at ICLE, submitted comments to the U.S. Federal Trade Commission in response to their notice of proposed rulemaking (NPRM) proposing changes to the Hart-Scott-Rodino (HSR) premerger notification form
  • As mentioned in the NSI October 2023 Newsletter, Professor Hurwitz (who is also an NSI Fellow) was quoted in NH Journal October 3 article “Net Neutrality, The Dumb Idea That Won’t Die”
  • Was mentioned in October 23 Competitive Enterprise Institute blog post “Stopping mergers before they start”
  • Was quoted in October 28 Gearrice post “Google intends to use European legislation to pay Apple less”
  • Was quoted in October 30 9to5Mac article “Google payments to be default search engine totalled $26B; execs wanted to reduce Apple’s cut [U]” 

Hon. Prof. F. Scott Kieff (C-IP² Senior Scholar; Fred C. Stevenson Research Professor, The George Washington University Law School)

• • Spoke at the “Special Reception Celebration Co-Hosted with GMU Intellectual Property Law Society, Honoring the Life and Work of the Indomitable Judge Pauline Newman from the Federal Circuit” and on the panel “Patent Thickets” at C-IP²’s October 12-13 2023 Annual Fall Conference

Joshua Kresh (C-IP² Interim Executive Director)

• • On September 7-8, participated in the second meeting of the 2023-2024 Edison Fellowship at George Mason Law Antonin Scalia Law School
  • On September 13, attended the U.S. Chamber Of Commerce’s Global Innovation Policy Center’s premier of its renewed IP Principles and signed the document
  • Organized and gave welcoming remarks at C-IP²’s October 12-13 2023 Annual Fall Conference
  • With Dale Lazar, is co-teaching the Innovation Law Clinic for the Fall 2023 semester
  • On October 21, took over as Chair of AIPLA’s Patent Litigation Committee at AIPLA’s Annual Conference
  • Participated in the October 24-25 Penn State Dickinson Law Innovation Forum on Capitol Hill

Dale Lazar (C-IP² Practitioner in Residence; Director, Patent Program, Innovation Law Clinic)

• • With Joshua Kresh, is co-teaching the Innovation Law Clinic for the Fall 2023 semester

Dr. John Liddicoat (C-IP² Scholar; Senior Research Associate and Affiliated Lecturer, Faculty of Law, University of Cambridge)

• • Was invited to participate in “Episode #1: Is patent law writing cheques it can’t cash?” of the University of Melbourne’s new “IP Provocations” series, which went live in September
  • Spoke at European Policy for Intellectual Policy 2023, giving a talk entitled “How many drugs are repositioned each year in Europe?”
  • On October 18, gave a talk to WIPO’s Standing Committee on Patents at the WIPO’s headquarters in Geneva, Switzerland. The talk launched a discussion paper on the interplay between patents and trade secrets. Dr. Liddicoat and Professor Tanya Aplin were commissioned to write the paper, surveying all the academic papers on the topic. Here is the announcement with speaker details, as well as a recording of the discussion.

Erika Lietzan (C-IP² Senior Scholar; William H. Pittman Professor of Law & Timothy J. Heinsz Professor of Law, University of Missouri School of Law)

• • On September 7-8, participated in the second meeting of the 2023-2024 Edison Fellowship at George Mason Law Antonin Scalia Law School

Daryl Lim (C-IP² Senior Scholar; H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; and co-hire, Institute for Computational and Data Sciences, Penn State University)

• • Spoke on “Antitrust Enforcement and Artificial Intelligence” at the October 5 UC Irvine Antitrust Law and Artificial Intelligence end hosted by the Competition, Antitrust Law, and Innovation Forum (CALIF) in California
  • Spoke on the panel “Copyrights and Trademarks in the Metaverse” at C-IP²’s October 12-13 2023 Annual Fall Conference
  • Served as a Commentator at the October 13-14 Asian IP Scholars Roundtable hosted by the University of Washington School of Law and Texas A&M School of Law in Seattle, Washington
  • Spoke on “Regulating AI” at the October 18-19 ICDS Fall 2023 Symposium in Pennsylvania
  • Spoke as a panelist on “AI Issues in Final Pretrial” at the October 20 Pennsylvania Bar Association Federal Practice Committee Annual Federal Practice Institute in Pennsylvania
  • Co-chaired the October 24-25 Penn State Dickinson Law Innovation Forum on Capitol Hill

Adam MacLeod (C-IP² Senior Scholar; Professor of Law, Faulkner University, Thomas Goode Jones School of Law; Research Fellow, Center for Religion, Culture, and Democracy)

• • Signed a September 28 Letter to Congress on Bayh-Dole

Hina Mehta (C-IP² Practitioner in Residence; Director, University Commercialization Program Director, University Commercialization Program at Virginia Innovation Partnership Corporation (VIPC))

• • Was quoted in September 6 Technology Today article “VIPC Awards Commonwealth Commercialization Fund Grant to JMU for Expansion of Commercialization Infrastructure” 

Emily Michiko Morris (C-IP² Senior for Life Sciences and Scholar; C-IP² 2021-2022 Edison Fellow; David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law)

• • On September 15, spoke on the “Vaccine Intellectual Property Ownership & Transfer” panel at the 2023 National Vaccine Law Conference at George Washington University
  • Signed a September 28 Letter to Congress on Bayh-Dole
  • Organized and spoke on the panel “Patent Thickets” and helped to organize the panel “Expansion of the TRIPS Waiver, Parallel Importation, Anti-Diversion Provision, and the Potential Effect of the Waiver on Markets for COVID-Related Pharmaceuticals” and the panel “Amgen/Functional Claiming” at C-IP²’s October 12-13 2023 Annual Fall Conference

Lateef Mtima (C-IP² Senior Scholar; Professor of Law, Howard University School of Law; Founder and Director, Institute for Intellectual Property and Social Justice (IIPSJ))

• • On October 3, gave a CLE lecture on “Communications Decency Act Section 230: Judicial & Legislative Developments” at the PLIC Intellectual Property Law Institute 2023
  • On October 12, gave the keynote lecture “Intellectual Property Social Justice: Uniting the Nation Through Creative and Innovative Pursuits” at the Suffolk University Law School’s Fifth Annual IP & Innovation Conference in Boston, MA
  • Participated in the October 13 Public Knowledge event “Privileged Conversations”
  • On October 13, spoke on the panel “HBCUs Paving the Road to Recovery from Slavery, Jim Crow and Persistent Racial Disparities in the USPTO” at the 2023 NCCU Technology Law and Policy Center Annual Law and Technology Summit in Durham, NC
  • On October 20, spoke on the panel “The Derivative Works Right in The Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith et. al.” at the Columbia University Kernochan Center for Law, Media and the Arts’s Symposium 2023: Rearrange, Transform, or Adapt: The Derivative Works Right After Andy Warhol Foundation v. Goldsmith in New York, NY
  • Co-chaired the Ninth Annual IP Mosaic Conference on October 27-28 at the University of Illinois Chicago Law School

Loren Mulraine (C-IP² Senior Scholar; Professor of Law, Director of Music and Entertainment Law Studies, Belmont University – College of Law)

• • On October 6, at the Las Vegas, NV, ABA Annual Meeting of the Forum on the Entertainment & Sports Industries, spoke and moderated a panel on sound-a-likes and the additional challenges now that AI is rapidly developing
  • Spoke at the American Intellectual Property Law Association (AIPLA) Annual Meeting in Washington, D.C., on October 20, presenting on his paper on copyright terminations that was published by the AIPLA journal

Seán M. O’Connor (C-IP² Faculty Advisor; Faculty Advisor, Innovation Law Clinic; Professor of Law, George Mason University Antonin Scalia Law School)

• • On September 14, gave the convocation lecture to Wesleyan College on “AI & IP Law and Economics: Is it fair that human creators’ outputs are generative AI’s cheap training inputs?”
  • On October 5, presented the paper “Copyright as a Matter of Style” at the International Conference on Balancing Intellectual Property Law: Maintaining Incentives and Ensuring Access held at Vellore Institute of Technology (VIT), Chennai INDIA
  • Also on October 5, presented a guest lecture on “Music Ecosystem Tech, Law & Policy” in Professor Christopher Holman’s Seminar in Law, Science, and Technology at the University of Missouri, Kansas City School of Law
  • Organized and ran the October 10 conference The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres held at Mason Korea and co-hosted by C-IP², Mason Korea, and the Music Ecosystems Institute (see playlist of session recordings). Roles included:
    • Serving as Master of Ceremonies for the Conference;
    • Presented opening remarks;
    • Moderated the panel “The Role of Government Policy in the Rise of K-Pop, Mando-Pop, and other New Asian Music Genres;”
    • Led the Fireside Chat with Kyu Lee and Gyu Tag Lee;
    • Presented “Proposal to Protect Musical Style in the Age of AI” on the panel “Generative AI & Music Rights”
  • On October 12, delivered presentation “Setting the Stage: The Dubious Origins of Patent Exhaustion and First Sale” and spoke at the “Special Reception Celebration Co-Hosted with GMU Intellectual Property Law Society, Honoring the Life and Work of the Indomitable Judge Pauline Newman from the Federal Circuit” at C-IP²’s 2023 Annual Fall Conference
  • On October 17, gave lecture “Bayh-Dole and Section 1498 Are Not Price Controls” to attendees from the Japan Intellectual Property Association (JIPA) visiting the Scalia Law campus
  • On October 20, gave a presentation on “AI Perspectives & Advances: Copyright as a Matter of Music Style” in Taiwan at a seminar at National Chengchi University
  • On October 20, spoke at the Taiwan Intellectual Property Law Association (TIPLA) Annual Copyright Conference
  • On October 23, spoke on “AI Replication of Musical Styles Points the Way to An Exclusive Rights Regime” at the AI, Music & Copyright Intellectual Property Seminar at National Cheng Kung University, Taiwan
  • On October 28, presented paper “Copyright as a Matter of Style” at at the 9th Annual IP Mosaic Conference, co-hosted by the Institute for Intellectual Property and Social Justice (IIPSJ) and University of Illinois Chicago (UIC) School of Law
  • On November 8, performed as part of the DeNovo musical duo with Chief Judge Randall Rader (ret.) at the JIPA Graduation event

Kristen Jakobsen Osenga (C-IP² Senior Fellow for Innovation Policy & Senior Scholar; Associate Dean of Academic Affairs, Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law)

• • Was recognized by the University of Richmond School of Law in the September 19 article “Honoring Distinguished Faculty”
  • Signed a September 28 Letter to Congress on Bayh-Dole
  • Organized and spoke on the panel “SEP Licensing & FRAND Issues: Where Are the Hotspots?” and helped to organize the panel “SEP Licensing & Proposed Legislation: Is There a Problem & Are These the Fixes?” and the panel “SEP Licensing & the European Courts:  What Are They Doing Right?” at C-IP²’s October 12-13 2023 Annual Fall Conference
  • Spoke on a panel about injunctions on IP infringement cases at The Federalist Society’s November 9-11 2023 National Lawyers Convention in Washington, D.C.

Eric Priest (C-IP² Senior Scholar; Associate Professor and Faculty Director, Asian Studies, Law, Law-JD, University of Oregon School of Law)

• • Spoke on the panel “The Role of Government Policy in the Rise of K-Pop, Mando-Pop, and Other New Asian Music Genres” and moderated the panel “Eastern vs. Western Roles of Labels, Publishers, Management, and Unions” at the October 10 conference The Role of Law and Policy in the Rise of K-Pop and Other Asian Music Genres held at Mason Korea and co-hosted by C-IP², Mason Korea, and the Music Ecosystems Institute (see playlist of session recordings)

Michael Risch (C-IP² Senior Scholar; Vice Dean and Professor of Law, Villanova University Charles Widger School of Law)

• • On September 7-8, participated in the second meeting of the 2023-2024 Edison Fellowship at George Mason Law Antonin Scalia Law School

Alexandra Jane Roberts (C-IP² Senior Scholar; Professor of Law and Media, Northeastern University School of Law)

• • In September, law review article “A Poetics of Trademark Law” was published in the Berkeley Tech Law Journal
  • Was quoted in September 11 Sportico article “NCAA Slams College Pickleball League Name in Trademark Dispute
  • Was quoted in September 14 Techdirt article “NCAA Sends C&D To National Collegiate Pickleball Association Over Trademark Concerns”
  • Was quoted in September 19 Fortune article “TikTok’s hidden ‘Ozempic economy’ where weight loss influencers trade referrals for drug discounts and cash”
  • Short review of Professor Michael Mattioli’s article Conjuring the Flag: The Problem of Implied Government Endorsements was published by JOTWELL on September 20
  • Was quoted in September 21 FactCheck.org article “Posts Push Unproven ‘Spike Protein Detoxification’ Regimen”
  • On October 11, made a visit to the Federal Trade Commission to share research, presenting “Multi-Level Lies” to selected staff
  • Organized and moderated the panel “Copyrights and Trademarks in the Metaverse” and organized the panel “The Limits of First Sale in Trademark Law: Upcycling & Material Alteration” at C-IP²’s October 12-13 2023 Annual Fall Conference
  • On October 23, presented “Multi-Level Lies” to students and faculty at UC San Diego
  • On October 26, hosted event “SLANTED: Stories & Songs with Simon Tam & The Slants” (Professor Roberts posted a thread on Twitter/X outlining the discussion)
  • Was quoted in October 2 The Verge article about a trademark infringement lawsuit against Twitter/X
  • Was quoted in October 27 Fast Company article “Ye’s contract with Adidas prevented him from getting long-term mental health treatment”
  • Presented “Multi-Level Lies” and was commentator on Lateef Mtima’s chapter “Intellectual Property Social Justice: A Theoretical Rationale” at the Northeastern University School of Law scholarship colloquium in November
  • Was quoted in November 3 Bloomberg Law article “Justices Have Multiple Paths To Doom ‘Trump Too Small’ Trademark”
  • On November 3, spoke on a “What’s Next?” trademark panel at the Section Two Small Conference: Exploring the New Constitutional Limits on Trademark Law, which was sponsored by the Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law in Concord, NH

Keith Robinson (C-IP² Senior Scholar; Professor of Law, Wake Forest University School of Law)

• • On September 22, gave a presentation on book chapter “Patent Law: A Reliable Compass,” which was published in the book The Jurisprudential Legacy of Justice Ruth Bader Ginsburg
  • In September, was elected as a new member to the American Law Institute (ALI) (view Professor Robinson’s ALI profile)
  • In October, co-organized a symposium titled AI Lawyering: Adapting to the Era of ChatGPT and Large Language Models and moderated the panel “A.I. in Legal Education: Charting the Future Landscape.” The symposium was sponsored by Wake Forest Law School and the SMU Dedman School of Law and covered in the October 17 Forbes article “Prestigious Symposium On AI Lawyering Reveals Keen Insights Including The Ardent Debate On Whether To Use Generative AI In Law School Education.”
  • Was featured in Wake Forest University’s Oct. 28 video “WalkWithWente where Wake Forest University’s President Susan R. Wente walked with Prof. Robinson to “discuss his work at the intersection of technology and law, the ability for lawyers to help in the design process, why radical collaboration is so important and a potentially positive impact of AI.”

Zvi S. Rosen (C-IP² Scholar; Assistant Professor of Law, Southern Illinois University School of Law)

• • Was quoted in September 14 SIU News article “SIU experts: Google antitrust trial represents ‘new frontier’”
  • Acted as an IP mentor for the George Mason University TraCCC and S. Chamber of Congress Global Innovation Policy Center October/November hackathon Bring Down Counterfeiting 2023
  • Presented at the November 3-4 Seventh Annual Texas A&M Intellectual Property Scholars Roundtable

Mark F. Schultz (C-IP² Senior Scholar; Goodyear Tire & Rubber Company Chair in Intellectual Property Law, University of Akron School of Law; Director, Center for Intellectual Property Law and Technology)

• • On September 7-8, participated in the second meeting of the 2023-2024 Edison Fellowship at George Mason Law Antonin Scalia Law School
  • Organized and moderated the panel “Expansion of the TRIPS Waiver, Parallel Importation, Anti-Diversion Provision, and the Potential Effect of the Waiver on Markets for COVID-Related Pharmaceuticals” at C-IP²’s October 12-13 2023 Annual Fall Conference
  • As director of The University of Akron School of Law’s Intellectual Property and Technology Law Program, hosted the Cleveland Intellectual Property Law Association (CIPLA) November 2023 meeting.

Ted Sichelman (C-IP² Senior Scholar; Professor of Law, University of San Diego School of Law; Director, Center for Intellectual Property Law & Markets; Founder & Director, Center for Computation, Mathematics, and the Law; Founder & Director, Technology Entrepreneurship and Intellectual Property Clinic)

• • Signed a September 28 Letter to Congress on Bayh-Dole
  • In November, article Patents as Hedges was published by the Berkeley Technology Law Journal

Eric M. Solovy (C-IP² Practitioner in Residence; Vice President and Legal Counsel, Qualcomm)

• • Spoke on the panel “Expansion of the TRIPS Waiver, Parallel Importation, Anti-Diversion Provision, and the Potential Effect of the Waiver on Markets for COVID-Related Pharmaceuticals” at C-IP²’s October 12-13 2023 Annual Fall Conference

Saurabh Vishnubhakat (C-IP² Senior Scholar; Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law)

• • Spoke on the panel “Amgen/Functional Claiming” at C-IP²’s October 12-13 2023 Annual Fall Conference

Dr. Bhamati Viswanathan (C-IP² Scholar; Faculty Fellow, New England Law | Boston)

• • Was a panelist on the Practicing Law Institute Podcast with Joshua Simmons, Partner at Kirkland & Ellis, on “Diversity & Appropriation.” The podcast was recorded in July and released in September.
  • Was a panelist on WBUR Radio Boston on September 6. The topic was “artificial intelligence and ethics,” and the segment was entitled “What it means to treat AI like human.”
  • Was a panelist for “Turn the Page: The Future of Digital Libraries in the Wake of Internet Archives v. Hachette” at the Copyright and Technology 2023 Conference held at Fordham University School of Law on September 14
  • Was quoted in September 26 Wired article “Getty Images Plunges Into the Generative AI Pool”
  • Presented work-in-progress, “Women’s Work,” at the Workshop for AAPI/MENA [Asian American, Pacific Islander/Middle Eastern North African] Women in the Legal Academy held at CUNY School of Law on October 19-21. Also presented “Women’s Work” at the Ninth Annual Mosaic IP Conference, which was held at University of Illinois Chicago School of Law on October 27-28 and co-hosted by UIC Law School and the Institute for Intellectual Property and Social Justice (IIPSJ) at Howard University School of Law.

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Scholarship & Other Writings

Sandra M. Aistars, Copyright’s Lost Art of Substantial Similarity , 26 Vand. J. Ent. & Tech. L. 109 (2023) [also available on SSRN]

Tanya Aplin, John Liddicoat, and Benny Spiewak, Discussion paper on the Interplay between Patents and Trade Secrets in Medical Technologies,* WIPO (October 18, 2023)
*Prepared by Professor Tanya Aplin and Dr. John Liddicoat, and the appendix by Benny Spiewak, the paper explores this interplay and its impact on innovation processes, product value chains, and the attainment of public policy goals from different perspectives.

Jonathan Barnett, ‘Killer Acquisitions’ Reexamined: Economic Hyperbole in the Age of Populist Antitrust, Harvard Law School Forum on Corporate Governance (September 25, 2023)

Jake L. Bryant, “Panel 5A: Generative AI & Human Authorship (C-IP² 2023 Annual Fall Conference),” C-IP² Blog (November 29, 2023)

Gregory Dolin, Israel’s Top Court Set To Hear Three Key cases Against the Government in a Legal System Gone Topsy-Turvy, The New York Sun (Friday, September 8, 2023)

Jon M. Garon, Legal Considerations for Offering Metaverse-Based Education, 52 J. L. & Ed. 53 (2023) [also available on SSRN]

Jon M. Garon, Legal Implications of a Ubiquitous Metaverse and a Web3 Future, 106 Marq. L. Rev. 163 (2022)

Jon M. Garon, The Revolution will be Digitized: Generative AI, Synthetic Media, and the Medium of Disruption, 20 Ohio State Tech. L. J. 53 (2023)

Michael Goodyear, “Letter re Artificial Intelligence and Copyright,” U.S. Copyright Office (November 1, 2023)

Bowman Heiden, Filip Lubinski, Nicolas Petit, and Thibault Schrepel, A Dynamic Competition Evaluation of the Draft Merger Guidelines 2023 (October 18, 2023). Dynamic Competition Initiative (2023)

Christopher M. Holman, Federal Circuit Reiterates That Drug Safety and Efficacy Are Issues for the FDA, Not the Patent Laws, 42 Biotechnology Law Report 230 (2023)

Chris Holman, “Further Thoughts on Patent Eligibility and Predictability,” Patently-O (November 20, 2023)

Justin (Gus) Hurwitz, “A Bad Merger of Process and Substance: Changing the Merger Guidelines and Premerger Review Form,” Network Law Review (September 11, 2023)

Justin (Gus) Hurwitz, Chevron and the Administrative Antitrust, Redux, 30 Geo. Mason L. Rev. 4 [also available on SSRN]

William Matcham, “Using Economic Models to Evaluate the Efficacy of U.S. Patent Examination,” C-IP² Blog (October 4, 2023)

William Matcham and Mark Schankerman, Screening Property Rights for Innovation (October 5, 2023)

Fidelice Opany, “Obvious Intentions,” Center for Learning Intellectual Property (CLIP) (October 2023)

Alexandra Jane Roberts, A Poetics of Trademark Law (March 31, 2022). Berkeley Technology Law Journal, Vol. 38, No. 1, 2023

Zvi Rosen, “Copyright Ruling A Victory For Innovation In Publishing Sector,” Law360 (November 27, 2023)

Ted M. Sichelman, Patents as Hedges (November 8, 2023). 38 Berkeley Technology Law Journal 515 (2023)

Sean Tu and Christopher M. Holman, Antibody Patents: Use of the Written Description and Enablement Requirements at the Patent & Trademark Office, 38 Berkeley Tech. L.J. 1 (2023)