Category: Communications

Greetings from C-IP² Faculty Director Seán O’Connor

With this Spring 2023 Progress Report, we’re pleased to provide you with updates on what C-IP² and our friends and affiliates have been working on from December 2022 through February 2023, from academic roundtables and other events to publications and various engagements.

Before the new year, C-IP² co-hosted an academic roundtable with the Sunwater Institute on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation and hosted another academic roundtable virtually on Intellectual Property and Biopharmaceutical Policy. 2023 then started off with a webinar on Challenges & Opportunities with Intellectual Property & Technology Innovation in Muslim-Majority Countries, co-organized with C-IP² Scholar Tabrez Ebrahim, and the final meeting of our 2022-2023 Thomas Edison Innovation Law and Policy Fellowship.

Of particular note, I am delighted to welcome Professor Kristen Osenga as our new Senior Fellow for Innovation Policy. Professor Osenga has been with C-IP² and its predecessor organization since its earliest days, and most recently as a Senior Scholar. As Senior Fellow she will guide our projects in the high technology space.

Please also check out C-IP²‘s website and keep an eye on our email communications for information on upcoming events, such as our virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures on April 27-28 and the annual WIPO-U.S. Summer School on Intellectual Property, which C-IP² will host online from June 5-16.

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C-IP² Hosted & Co-Hosted Events

Roundtable
C-IP² & the Sunwater Institute co-hosted a roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation on December 9, led by Matthew Chervenak, Dr. Ari Harutyunyan, Professor Eric Claeys, and Joshua Kresh. Discussion sessions included “The Future of Property in Land, Air and Space,” “The Future of Intellectual Property (IP) Rights,” and “How Academic Arguments about Property Policy Pan Out in Real-Life Debates in Courts and Legislatures.”

Virtual Roundtable
C-IP² hosted a virtual roundtable on Intellectual Property and Biopharmaceutical Policy on December 15, organized by Joshua Kresh and Professor Emily Michiko Morris. Discussion topics included “I-MAK,” “USPTO FDA Interactions,” and “USPTO request for comments, patent prosecution update,” as well as some discussion regarding future research in these areas.

2023-2024 Thomas Edison Innovation Law & Policy Fellowship
On December 16, C-IP² announced the 2023-2024 Thomas Edison Innovation Law & Policy Fellowship. We welcome our Fellows for this cycle: Professor Melissa Eckhause, Michael Goodyear, David Hannon, Professor Aldona Kapačinskaitė, Joshua Kresh, David Moore, Fidelice Opany, Dr. Nicola Searle, and Professor David Simon. We are also pleased to welcome Professors John F. Duffy, Christopher Holman, Erika Lietzan, Michael Risch, and Mark F. Schultz as Distinguished Commentators.

Webinar
On January 12, C-IP² hosted a live webinar on “Challenges & Opportunities with Intellectual Property & Technology Innovation in Muslim-Majority Countries,” which was organized and moderated by Lewis & Clark Law School and C-IP² Scholar Tabrez Ebrahim and featured Saad Hasan (Principal, Sturgeon Capital), Kevin Tamm (Senior Intellectual Property Counsel, SI Group), and Jeffrey Whittle (Global Head of Womble Bond Dickinson’s Energy and Natural Resources Industry Sector) as panelists. As experts and leaders involved with intellectual property (IP) and technology innovation in Muslim-majority countries, they took part in a discussion about challenges and opportunities in countries with varying degrees of religious laws and developing interests in economic development. This webinar included perspectives from an international law firm, a legal department of the government of the Emirate of Dubai, a technology investment fund, and a chemicals manufacturer. The panelists spoke about their IP-related experiences and technology innovation perspectives from different vantage points in various Muslim-majority countries. A recording of the webinar is available on C-IP²‘s YouTube channel.

2022-2023 Thomas Edison Innovation Law & Policy Fellowship
On January 19-20, C-IP² hosted the third and final meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship in Scottsdale, Arizona. The Edison Fellows presented substantially revised drafts of their research papers and received feedback from Distinguished Commentators and other Fellows before their planned submission to journals in early 2023.

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News and Speaking Engagements

We are excited to announce Professor Kristen Osenga as C-IP²‘s new Senior Fellow for Innovation Policy! Professor Osenga is also a C-IP² Senior Scholar, as well as Associate Dean of Academic Affairs and the Austin E. Owen Research Scholar and Professor of Law at the University of Richmond School of Law, where she teaches and writes in the areas of intellectual property, patent law, law and language, and legislation and regulation. We are thrilled to be working more closely with Professor Osenga and drawing on her expertise in all areas where high tech and innovation policy meet intellectual property.

This December, C-IP² Practitioner in Residence Eric Solovy published a new policy brief with C-IP² entitled The TRIPS Waiver for COVID-19 Vaccines, and Its Potential Expansion: Assessing the Impact on Global IP Protection and Public Health.

In October 2022, 2023-2024 Edison Fellow Dr. Nicola Searle testified before Parliament’s Communications and Digital Select Committee on current technology and intellectual property issues—specifically, UK government interventions into AI datamining, technology, and copyright—with her testimony “indirectly informed by previous work funded by [C-IP²],” as Dr. Searle states. In January 2023, the Select Committee produced a report that covered the session and cited Dr. Searle (see especially the direct quotation on p. 16). Goldsmiths, University of London published a January 17 press release on the hearing, and a recording is also available online. In addition, Dr. Searle published a December 14, 2022, article describing the experience and offering practical presentation advice for other academics.

December saw the release of Dr. Ryan Abbott’s Research Handbook on Intellectual Property and Artificial Intelligence, which includes contributions from thought leaders including C-IP² Faculty Director Professor Seán M. O’Connor and C-IP² Senior Scholar Professor Daryl Lim. The Handbook was also featured as part C-IP²’s 2021 Annual Fall Conference on Artificial Intelligence and Intellectual Property.

Incoming C-IP² 2023-2024 Edison Fellow Professor Melissa Eckhause‘s paper Fighting Image Piracy or Copyright Trolling? An Empirical Study of Photography Copyright Infringement Lawsuits (86 Albany L.R., forthcoming) was cited in a December 15, 2022, petition for writ of certiorari to the Supreme Court in Victor Elias Photography, LLC v. Ice Portal, Inc., A Division of Shiji (US), Inc.

In January, the Baroni Center for Government Contracting at George Mason University Business School released its latest report completed in response to the FY 2020 NDAA requirement for an independent assessment of Defense Advanced Research Projects Agency and defense laboratories’ contracting and intellectual property management policies and their effects on the commercialization of and innovation in dual-use technology. The study was conducted in partnership with C-IP², George Mason University Antonin Scalia Law School, and more.

In February, along with C-IP² Senior Scholar Mark F. Schultz and Managing Director Joshua Kresh, Senior Fellow for Life Sciences and Scholar Emily Michiko Morris submitted a response to the USPTO’s Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights (PTO-P-2022-0025). Professor Morris discussed “Thickets,” Continuations, and Obviousness-Type Patenting and Terminal Disclaimers. For each area she laid out the potential concerns, explained what the data currently show, and described the questions that should be asked and data that would need to be gathered to show if any of the three areas is an actual problem in BioPharma patents. Further, she suggested caution, pointing out that changing a system, which at least seems to be working, without evidence and a clear plan can cause substantial harm, and before any such changes are made, it must be ascertained whether or not there is anything that needs to be fixed.

In February, C-IP² affiliates Professor Emily Michiko Morris, Dean Kristen Osenga, Senior Scholar Mark F. Schultz, Senior Scholar Ted Sichelman, and Managing Director Joshua Kresh signed onto an amicus brief in favor of Novartis for Novartis Pharmaceuticals Corporation, v. HEC Pharm Co., Ltd. Professor Morris, C-IP² Senior Fellow for Life Sciences, was heavily involved in drafting the brief.

In March, C-IP² Jurist in Residence Judge Susan G. Braden (Ret.), Senior Scholar Dan Cahoy, Senior Scholar Adam MacLeod, Advisory Board Member Judge Paul Michel, Professor Emily Michiko Morris, and Dean Kristen Osenga signed on as amici curiae to a letter to the Honorable Mitchell S. Goldberg about U.S.C. § 1498(a).

2022-2023 Edison Fellow Yao Zhou‘s Fellowship paper, Dynamic Governance of Microbiome Innovation, has been submitted to SSRN (linked above) and is in the peer-review process with the Journal of Law and the Biosciences.

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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)

• • In December, presented a manuscript at the 2022 Akron IP Scholars Forum. The article, Visualizing Copyright Law: Lessons from Conceptual Artists, will be posted on SSRN shortly and will appear in the Akron Law Review.
  • On January 19-20, participated as an Edison Fellow at the final meeting of the 2022-2023 Fellowship in Scottsdale, Arizona. Professor Aistars participated in the winter journal submission cycle and has publication offers for her article Copyright’s Lost Art of Substantial Similarity. She will be finalizing publication arrangements and posting to SSRN soon; an update with a full citation will follow.

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

• • Was mentioned in IP Watchdog’s December 5 post “This Week in Washington IP: Marking Up the American Music Fairness Act, Licensing Patents in the Internet of Things, and Exploring Chinse Patent Licensing and Enforcement Policies”
  • Participated in the December 9 CSIS event “The China Innovation Challenge: A Conversation with Jonathan Barnett,” for which he was interviewed by Andrei Iancu, former director of the USPTO. A video of highlights from the interview is also available for viewing.
  • Was quoted in the January 31 India Education Diary article “University Of Southern California’s MET Program Offers Real-Life Exposure To The Transactional Elements Of Entertainment Law”

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

• • On December 9, participated in an academic roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation, which was co-hosted by C-IP² and the Sunwater Institute
  • On Dec. 9, attended the Bayh-Dole Coalition Planning Session
  • With Joshua Kresh, published an article entitled Section 1498(A) is Not a Rx to Reduce Drug Prices for Food and Drug Law Institute (FDLI)
  • On December 11, attended the U.S. Administrative Conference Annual Meeting
  • On December 13, participated in USPTO International Session
  • On December 15, attended and participated in the C-IP² virtual academic roundtable on Intellectual Property and Biopharmaceutical Policy
  • On January 6, was named by the President of the American Bar Association to the seven-person Task Force on Law, Society, and the Judiciary along with Senator Kay Bailey Hutchinson (Ret.) (TX-R). “We’re thrilled to announce that Judge Susan G. Braden (Ret.) was named to the American Bar Association‘s #PresidentialTaskForce on Law, Society, and the Judiciary along with former Senator #KayBaileyHutchison. The Task Force’s mission is “to evaluate the Nation’s state of the Judiciary” and “identify and recommend steps to educate the Nation on what courts do and why judicial independence is critical to the rights and institutions of government.”” [LinkedIn link & quote from FedArb, Inc.]
  • On January 16, served as a panelist for the 2023 Institute of Advanced Patent Studies’ Naples Roundtable, Phoenix Issue II, “Proposals to Ensure that All Litigants Obtain Just, Speedy, and Inexpensive Determinations,” with CAFC Circuit Judge Kathleen O’Malley (Ret.) and USD NJ Judge Faith Hochberg (Ret.)
  • On January 17, participated in the Administrative Conference of the U. S. Consultative Session on the Congressional Small Patent Claims Study
  • Signed on as an amicus curiae to a March letter to the Honorable Mitchell S. Goldberg about U.S.C. § 1498(a)

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)

• • In January, posted “The Techno-Optimist Case for Addressing Sustainability and its Grounding in Capitalist (Market) Incentives,” a chapter contribution for a forthcoming edited book, to SSRN. Based in technology law with IP as a theme, the chapter has been entering “Top Ten” lists for SSRN downloads.
  • Signed on as an amicus curiae to a March letter to the Honorable Mitchell S. Goldberg about U.S.C. § 1498(a)

Terrica Carrington (C-IP² Practitioner in Residence; VP, Legal Policy and Copyright Counsel, Copyright Alliance)

• • On February 1, spoke on a panel about the Copyright Claims Board. According to the Copyright Alliance’s February newsletter, “the Copyright Alliance—in partnership with 15 Volunteer Lawyers for the Arts (VLA) organizations across the U.S.—hosted a webinar on the Copyright Claims Board (CCB), titled The Copyright Claims Board—What We Know About the CCB So Far. Panelists took an in-depth look at how things are working with the CCB seven months after its launch by the U.S. Copyright Office. Speakers included Terrica [Carrington]; Maya Burchette, Attorney-Advisor for the CCB; and Thomas Maddrey, Chief Legal Officer & Head of National Content and Education for the American Society of Media Photographers (ASMP).” A recording on the panel is now available for viewing online.

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

• • On December 1, served on the faculty of the ABA Dispute Resolution Section’s 19^thAnnual Advanced Mediation and Advocacy Skills Institute on the topic of using analytical tools to assist with managing impasse during a mediation
  • On January 4, presented before the Arbitration Committee of the ABA Dispute Resolution Section on “Considerations for Drafting an Enforceable Reasoned Award”
  • On January 7, served on the faculty for the Civil Mediation Training Course sponsored by the New Jersey Institute for Continuing Legal Education on the topic of “Remote Mediations Using Zoom”
  • On January 10, was a panelist on a program sponsored by the Domestic Arbitration Committee of the New York State Bar Association Dispute Resolution Section entitled “How Do you Start and Maintain an Arbitration Practice – Learn from Successful Arbitrators and Experts”
  • On February 2, presented before the ADR Practice Group of the law firm of Ruskin Moscou Faltischek, P.C. on “Marketing Your ADR Practice”
  • On February 17, was a speaker at the ABA Labor & Employment Law Section’s Federal Labor Standards Legislation Committee Midwinter Meeting in Puerto Vallarta, Mexico on “Ethics for Employment Attorneys”

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

• • On December 9, participated in an academic roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation, which was co-hosted by C-IP² and the Sunwater Institute
  • On January 19-20, participated at the final meeting of the 2022-2023 Edison Fellowship in Scottsdale, Arizona
  • On February 28, spoke on LEC’s panel “Johnson v. M’Intosh: Reflections on the 200th Anniversary of a Foundational Case on Property Law and Indigenous Rights in the United States”

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

• • On December 9, was mentioned in a USPTO article as being named as a new member of the Patent Public Advisory Council (“PPAC”). Prof. Darden is also joined by new members Henry Hadad (Bristol Myers Squibb) and Olivia Tsai (Cruise). Darden says, “I look forward to doing great things to continue to improve our patent system for all.”
  • On January 3, mentioned in WilmerHale’s “PTAB/USPTO Update – January 2023” article as becoming a new member of the USPTO’s Patent Public Advisory Committee (PPAC)

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 December 9, participated in an academic roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation, which was co-hosted by C-IP² and the Sunwater Institute
  • On January 20, participated as a Distinguished Commentator at the final meeting of the 2022-2023 Edison Fellowship on Scottsdale, Arizona

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

• • Was cited in January 26 Law360 article “RFK Jr.-Repped Doc Wins Halt Of COVID Misinformation Law” by Craig Clough
  • Was quoted in January 26 Reuters article “California law aiming to curb COVID misinformation blocked by judge” by Brendan Pierson (cross-posted on January 27 by Kalkine Media)
  • Was mentioned and cited in January 26 Northern California Record article “Judge blocks state from using new law to go after doctors who may disagree with ‘scientific consensus’ on Covid” by Jonathan Bilyk
  • Was quoted in January 26 Daily Wire article “District Judge Blocks California’s COVID ‘Misinformation’ Law” by Dillon Burroughs

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

• • In January, presented on Islamic Intellectual Property for the Junior IP Scholars Association (JIPSA) at the UCLA School of Law
  • On January 4, presented on Legal Ethics & Professional Responsibility on Digital Platforms at a session on “New Voices in Internet and Computer Law” at the AALS 2023 Annual Meeting in San Diego, CA
  • On January 6, presented on Hacking the Board at “Business Associations Works-in-Progress Roundtable” at the AALS 2023 Annual Meeting in San Diego, CA
  • Coordinated and moderated the January 12 webinar “Challenges & Opportunities with Intellectual Property & Technology Innovation in Muslim-Majority Countries,” hosted by C-IP²
  • On February 13, presented on “Islamic Intellectual Property” at the Muslim Educational Trust (MET) Educational and Cultural Center in Tigard, Oregon

Joseph Fishman (C-IP² Senior Scholar; Professor of Law, Vanderbilt University Law School)

• • Was quoted in December 6 Bloomberg Law article “TikTok Music Lawsuits Fire Warning Shots to Brands, Influencers”

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 mentioned in Columbia Law School’s December 1 post “From Voting Rights to Farming’s Future: The Year in Alumni Books”
  • In December, presented “The Most Dangerous Game: Inferential Surveillance of Patients and the Implications of Constitutional Limits on Health Information Regulation” at the Center for Intellectual Property Law & Technology‘s Annual IP Scholars Forum at the University of Akron School of Law
  • In December, was appointed as Chairperson Academic Advisory Board for the Copyright Alliance
  • As of December, is Chairperson Elect and Executive Board Member for the Association of American Law Schools (AALS), Section of Technology, Law and Legal Education
  • In February, presented on “Emerging Technology and the Media – Ethical and Legal Dilemmas” for the American Bar Association, Business Law Section Cyberspace Law Committee, Cyberspace Law Institute
  • In February, presented Teaching and Learning in the Metaverse: Using Online Platforms, Games, NFTs and Blockchain in Education, Association of American Law Schools
  • In February, presented Developing Self-assessing Learners: Techniques for Flipping First Year Courses to Build Equity, Engagement, Awareness, and Understanding, Association of American Law Schools
  • In February, was interviewed by the Social Sciences in China Press. A summary of the interview (Chinese) was published by the China Social Science Network on March 1

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

• • In December, attended the Bahrain Innovation & Technology Transfer Center Workshop

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

• • On December 5, participated in the virtual event “Licensing and the Internet of Things” hosted by the Hudson Institute
  • On February 16, participated in 4iP Council’s webinar and Q&A on “Patent Holdout and Small(er) Technology Firms” 

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

• • On December 9, participated in an academic roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation, which was co-hosted by C-IP² and the Sunwater Institute 

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

• • Co-wrote The Patent Law Origins of Science Fiction with Daniel Harris Brean (published on December 1, 2022)
  • Co-wrote Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes with Christopher B. Seaman (published on March 11, 2023, in the Yale Law Journal, Vol. 133)

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Professor of Law, The Menard Director of the Nebraska Governance and Technology Center and the Co-Director of the Space, Cyber, and Telecommunications Law Program, University of Nebraska-Lincoln College of Law)

• • Continues to host the Tech Refactored podcast, which is produced by the Nebraska Governance and Technology Center. In December, Professor Hurwitz hosted Professor Zvi Rosen for an episode on “Copyright Law and Computer Software.” Writeups mentioning recent episodes include “The Beginning of the End for Ransomware?” (January 23) and “Who Needs Hackers When You Have Balloons?” (February 13) on Reason Magazine’s Volokh Conspiracy blog and “The Cyberlaw Podcast: Who Needs Hackers When You Have Balloons?” on the Lawfare Institute blog.
  • February 21, participated in the virtual panel “Gonzalez v. Google Live Analysis,” hosted by the Institute for Rebooting Social Media. A transcript of the panel is available online.

Joshua Kresh (C-IP² Managing Director)

• • Co-organized and participated in C-IP²‘s December 15 virtual academic roundtable on Intellectual Property and Biopharmaceutical Policy
  • On December 9, participated in an academic roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation, which was co-hosted by C-IP² and the Sunwater Institute
  • With Judge Susan G. Braden, published an article entitled Section 1498(A) is Not a Rx to Reduce Drug Prices for Food and Drug Law Institute (FDLI)
  • On January 19-20, participated at the final meeting of the 2022-2023 Edison Fellowship in Scottsdale, Arizona
  • In February, along with C-IP² Senior Fellow for Life Sciences and Scholar Emily Michiko Morris and Senior Scholar Mark Schultz, submitted a response to the USPTO’s Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights (PTO-P-2022-0025)
  • In February, signed onto an amicus brief in favor of Novartis for Novartis Pharmaceuticals Corporation, v. HEC Pharm Co., Ltd.

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

• • Co-taught the Innovation Law Clinic at Antonin Scalia Law School as part of the Fall 2022 and Spring 2023 semesters

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

• • Was contracted by the World Intellectual Property Organization (WIPO) to write a discussion paper on the interplay between patents and trade secrets in medical technologies for WIPO Member States. The paper is due on 15 September 2023.
  • As of February, is quest editing a special edition of European Health and Pharmaceutical Law Review on the EU Commission’s ‘Pharmaceutical Strategy for Europe,’ and papers are currently being accepted.

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 December 6, was mentioned in Show Me Mizzou’s Accolades, “Erika Lietzan named to Best Lawyer in America List,” for her “high caliber work in Biotechnology and Life Sciences Practices, as well as FDA law.”

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)

• • In late 2022, chapter entitled “Computational Trademark Infringement and Adjudication” (SSRN) was published in Dr. Ryan Abbott’s edited Research Handbook on Intellectual Property and Artificial Intelligence
  • On December 9, participated in an academic roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation, which was co-hosted by C-IP² and the Sunwater Institute
  • In December, was elected to The American Law Institute’s membership and will serve with the Members Consultative Group for The Restatement of the Law, Copyright
  • In February, interviewed Bruce Berman for Penn State Law’s “Profiles in Leadership” series 

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 on as an amicus curiae to a March letter to the Honorable Mitchell S. Goldberg about U.S.C. § 1498(a)

Hina Mehta (C-IP² Practitioner in Residence; Director, Office of Technology Transfer, George Mason University)

• • On February 21, spoke at AUTM’s 2023 Annual Conference in Austin, Texas, on a panel entitled “AUTM Negotiation Course: Strategies & Tactics”

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)

• • Co-organized and participated in C-IP²‘s December 15 virtual academic roundtable on Intellectual Property and Biopharmaceutical Policy
  • In February, along with C-IP² Senior Scholar Mark F. Schultz and Managing Director Joshua Kresh, submitted a response to the USPTO’s Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights (PTO-P-2022-0025), discussing “Thickets,” Continuations, and Obviousness-Type Patenting and Terminal Disclaimers. For each area, Professor Morris laid out the potential concerns, explained what the data currently show, and described the questions that should be asked and data that would need to be gathered to show if any of the three areas is an actual problem in BioPharma patents. She cautioned that changing a system, which at least seems to be working, without evidence and a clear plan can cause substantial harm, and before any such changes are made, it must be ascertained whether there is anything that needs to be fixed.
  • On February 23, was mentioned in IPWatchdog post “Amici Urge Justices to Grant Novartis’ Petition on CAFC’s Approach to Reconstituting Panels”
  • In February, signed onto an amicus brief in favor of Novartis for Novartis Pharmaceuticals Corporation, v. HEC Pharm Co., Ltd. Professor Morris was also heavily involved in drafting the brief.
  • Signed on as an amicus curiae to a March letter to the Honorable Mitchell S. Goldberg about U.S.C. § 1498(a)

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

• • Was mentioned by law firm Spencer Fane in a December 2 news piece on his participation in the California Copyright Conference’s October 19 Annual Music Legal Update Panel
  • In January, was a featured speaker on Copyright for Radio Broadcasters at the Adventist Radio Convention held in Greensboro, North Carolina
  • In February, spoke on a CLE panel at the Copyright Society (CSUSA) 2023 Midwinter Meeting in Rancho Mirage, California, entitled “The Great Debate: North v. South” and featured four attorneys, two from the United States and two from Canada debating some of the differences between the two countries’ copyright laws

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

• • In late 2022, chapter entitled “AI Replication of Musical Styles Points the Way to An Exclusive Rights Regime” (SSRN) was published in Dr. Ryan Abbott’s edited Research Handbook on Intellectual Property and Artificial Intelligence

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 December 9, participated in an academic roundtable on The Future of Property: Autonomy, Prosperity, and Conflict Mitigation, which was co-hosted by C-IP² and the Sunwater Institute
  • On January 15-17, participated in The Naples Roundtable in Naples, Florida, and moderated the session “Patent Eligibility- After More Than a Decade since Bilski v. Kappos, Where and How Do We Find the Talisman for Fixing the ‘Validity Goulash’?”
  • On February 23, was mentioned in IPWatchdog post “AmiciUrge Justices to Grant Novartis’ Petition on CAFC’s Approach to Reconstituting Panels”
  • On February 23-24, participated in the Berkeley–NYU Symposium on the Impact of the Patent System on Markets for Technology, presenting “Hit the Road Jack: The Auto Industry as the Next Vehicle for Predatory Infringement”
  • In February, filed a statement with Professor Adam Mossoff of Scalia Law and the Hudson Institute on public interest and specifically the public’s interest in reliable and effective patent rights (Law360 article “ITC Gets An Earful On Impact of Possible Apple Watch Ban” discusses responses received by the ITC)
  • In February, signed onto an amicus brief in favor of Novartis for Novartis Pharmaceuticals Corporation, v. HEC Pharm Co., Ltd.

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

• • On January 19-20, participated as a Distinguished Commentator at the final meeting of the 2022-2023 Edison Fellowship in Scottsdale, Arizona

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

• • Was quoted in a December 2 article in News @ Northwestern entitled “How Far Can British Street Artist Banksy Take His Anonymity?” by Jessica Taylor Price
  • Participated in a December 5 panel discussion entitled “Chokepoint Capitalism: A Conversation” in which, along with fellow Northeastern University colleagues, Professor Roberts interviewed Cory Doctorow, co-author of the book Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We’ll Win Them Back
  • In January, co-hosted and participated in the International Trademark Association (INTA) Scholarship Symposium
  • On January 18, was quoted in Sportico article “Under Armour Scores Trademark Win Against Women’s Wear Brand” by Michael McCann [read on Sportico or Yahoo]
  • On January 23, was quoted in Bloomberg Law article “Adidas’ Recent Trial Loss Unlikely to Deter Brand Enforcement” by Isaiah Poritz
  • In early February, presented “Multi-Level Lies” at the Suffolk Law IP Center’s 20^th Annual Works in Progress in Intellectual Property Scholars Colloquium (WIPIP)
  • Was quoted in the February 15 Northeastern Global News article “It’s Just Another Marketing Scheme. ‘De-influencers’ Tell You What To Buy by Telling You What Not To Buy”
  • Was quoted in the February 24 Daily Beast article “How a Dubious Parasite Cleanse Keeps Taking Over TikTok”

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

• • Was interviewed as an Artificial Intelligence expert for a February 7 Pace article “Who Legally Owns Art Created with Artificial Intelligence?” by Neil Marion

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

• • In December, was featured on Nebraska’s Governance and Technology Center’s Tech Refactored Podcast Show for an episode on “Copyright Law and Computer Software,” hosted by Professor Justin (Gus) Hurwitz
  • In early February, presented “Who Framed Mickey Mouse” at the Suffolk Law IP Center’s 20^th Annual Works in Progress in Intellectual Property Scholars Colloquium (WIPIP)

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 19-20, participated as a Distinguished Commentator at the final meeting of the 2022-2023 Edison Fellowship in Scottsdale, Arizona
  • In February, along with C-IP² Senior Fellow for Life Sciences and Scholar Emily Michiko Morris and Managing Director Joshua Kresh, submitted a response to the USPTO’s Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights (PTO-P-2022-0025)
  • In February, signed onto an amicus brief in favor of Novartis for Novartis Pharmaceuticals Corporation, v. HEC Pharm Co., Ltd.

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)

• • Was quoted in a January 5 NBC News piece by Eli M. Rosenberg on how the “FTC says proposed ban of noncompete clauses would strengthen workers’ hand.” As cited in the article, Professor Sichelman expressed his opposition to the FTC’s proposal to ban noncompetes, although he is not opposed to a ban solely for low-wage workers 
  • In February, signed onto an amicus brief in favor of Novartis for Novartis Pharmaceuticals Corporation, v. HEC Pharm Co., Ltd.

Eric M. Solovy (C-IP² Practitioner in Residence; Partner, Sidley Austin LLP)

• • In December, published a policy brief with C-IP² entitled The TRIPS Waiver for COVID-19 Vaccines, and Its Potential Expansion: Assessing the Impact on Global IP Protection and Public Health

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

• • Joined C-IP² as a Scholar

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Scholarship & Other Writings

Jonathan Barnett, Fragile Giants: Reassessing Market Power in Platform Ecosystems, Competition Policy International (January 18, 2023)

Jonathan M. Barnett, “Pop goes the antitrust bubble,” The Hill (December 10, 2022)

Susan G. Braden and Joshua Kresh, Section 1498(A) is Not a Rx to Reduce Drug Prices, 77 Food and Drug Law Journal 3 (December 2022)

Daniel R. Cahoy, “The Techno-Optimist Case for Addressing Sustainability and its Grounding in Capitalist (Market) Incentives” (January 4, 2023)

Charles Delmotte, Different Economic Models of Innovation and Their Relation to the Law, in Artificial Intelligence and the Law 23 (Jan De Bruyne & Cedric Vanleenhove eds., 2023)

Gregory Dolin, “Next COVID-19 battle will be wages in court,” The Washington Times (January 25, 2023)

Jon M. Garon, Legal Considerations for Offering Metaverse-Based Education (January 12, 2023)

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

Jon M. Garon, When AI Goes to War: Corporate Accountability for Virtual Mass Disinformation, Algorithmic Atrocities, and Synthetic Propaganda (March 26, 2022). Northern Kentucky Law Review, Vol. 49, No. 2, 2022 (49 N. Ky. L. Rev. 181 (2022))

Chris Holman, “Federal Circuit Gives Stare Decisis Effect to a Judgment of Claim Validity,” Patently-O (February 23, 2023)

Chris Holman, Genentech v. Sandoz: Patents claiming methods of managing side effects found invalid or not infringed, Patently-O (December 24, 2022)

Camilla A. Hrdy and Daniel H. Brean, “Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction,” Patently-O (January 20, 2023)

Camilla Alexandra Hrdy and Daniel Harris Brean, The Patent Law Origins of Science Fiction (December 1, 2022)

Camilla Alexandra Hrdy and Christopher B. Seaman, Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes (March 11, 2023). Yale Law Journal, Vol. 133

David Kappos and Jonathan Barnett, Enhanced Damages Necessary In No-Injunction Patent System, Law360 (February 2, 2023)

Johnathon Liddicoat, “New insights into the amount of R&D for new uses of generic drugs” (2022) Generics and Biosimilar Initiative (Online)

Daryl Lim, Trademark Confusion Simplified: A New Framework for Multifactor Tests, Berkeley Technology Law Journal (Jan. 2023)

Daryl Lim, “Computational Trademark Infringement and Adjudication,” in Research Handbook on Intellectual Property and Artificial Intelligence, ed. Ryan Abbott (Massachusetts: Edward Elgar Publishing, Inc., 2022), from p. 290

Irina Manta, “‘Strangers on the Internet’ Podcast Ep. 18: Exclusive Interview with Bestselling Author Nancy Jo Sales,” The Volokh Conspiracy (January 2, 2023)

Irina Manta, “‘Strangers on the Internet’ Podcast Ep. 20: AI Dating Advice,” The Volokh Conspiracy (January 16, 2023)

Irina Manta, “Do Hospitals That Drop Mask Requirements Risk Liability?“, The Volokh Conspiracy (February 20, 2023)

Seán M. O’Connor, “AI Replication of Musical Styles Points the Way to An Exclusive Rights Regime,” in Research Handbook on Intellectual Property and Artificial Intelligence, ed. Ryan Abbott (Massachusetts: Edward Elgar Publishing, Inc., 2022), from p. 65

Kristen Osenga, Are ‘patent thickets’ to blame for high drug prices? Gulf Breeze News (December 15, 2022)

Kristen Osenga, ‘Patent thickets’ to blame for high drug prices? The Daily Star (Dec 16, 2022

Alexandra J. Roberts, Getting a Handle on Handles, Communications of the Association for Computing Machinery, ed. James Grimmelmann (Jan. 2023)

Eric M. Solovy, The TRIPS Waiver for COVID-19 Vaccines, and Its Potential Expansion: Assessing the Impact on Global IP Protection and Public, (Ctr. For Intell. Prop. x Innov. Pol. Dec. 2022)

 

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Greetings from C-IP² Faculty Director Seán O’Connor

With warmest wishes for the holiday season, we present our last report of 2022. This has been the year in which many of our programs were held in person again. We are grateful to our community for supporting the transition back to in-person events.

This Winter 2022 Progress Report covers Center and affiliate news and publications from September through November. Over that time, we hosted our 2022 Annual Fall Conference in person at the newly rebranded “Mason Square” (formerly the Arlington Campus), where we also held the second meeting of our 2022-2023 Thomas Edison Innovation Law and Policy Fellowship. Additionally, C-IP² co-hosted and helped to sponsor the inaugural National Vaccine Law Conference, and we are proud to highlight that our own Professor Sandra Aistars gave the 2022 Christopher A Meyer Memorial Lecture for The Copyright Society of the USA!

We’re grateful to all our Advisory Board, scholars, fellows, donors, and supporters for all their help with C-IP²’s efforts to further the scholarly discussion around IP and innovation.

We look forward to seeing you again in the New Year!

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Holiday Cheer and Highlights of the Year

 

Photo opportunities—one of the reasons we’re thrilled to be back to in-person events at last!
Here are a few of our favorites from 2022:

On May 5, C-IP² Faculty Director  Seán O’Connor (right) performed vocals, guitar, and harmonica with Jon Knight (left) as an acoustic rock duo under the name Buzzard Point Caucus for Law Rocks Washington D.C. for Ukraine, a special charity event hosted in Washington, D.C. by annual charity event Law Rocks.

The Hon. John F. Witherspoon (right), Professor and Director Emeritus of the Intellectual Property Program, honored C-IP² with his presence and a few words at the reception for the 2022 Annual Fall Conference in September. The reception was held in recognition of Prof. Witherspoon’s service to George Mason’s law students and the IP program over the years. Here he poses for a picture with C-IP² Faculty Director Seán O’Connor. / Photo credit: Dennis Le

Professor Orit Fischman-Afori, C-IP² Managing Director Joshua Kresh, Dr. Nicola Searle, and Professor Emily Michiko Morris pose together for a photo at the Fall Conference reception. / Photo credit: Dennis Le

Senior Fellow for Copyright Research Sandra Aistars; Kevin Madigan, Copyright Alliance VP, Legal Policy and Copyright Counsel and former center Deputy Director; Stephanie Semler, Supervising Attorney with the Mason Arts and Entertainment Advocacy Clinic and C-IP² Practitioner in Residence; and C-IP² Faculty Director Seán O’Connor pose for a picture at the Fall Conference reception. / Photo credit: Dennis Le

Senior Fellow for Copyright Research Sandra Aistars gives the 2022 Christopher A. Meyer Memorial Lecture at the George Washington Law School on November 16. / Photo credit: Claudia B. Delgado

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C-IP² Hosted & Co-Hosted Events

Thomas Edison Innovation Law and Policy Fellowship
On September 15-16, C-IP² hosted the second meeting of the 2022-2023 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 2022. Each Edison Fellow received extensive feedback during presentation sessions devoted to each draft work in progress, including specific commentary from the Distinguished Commentators. 

Vaccine Law Conference
On September 15-16, C-IP² co-hosted and helped to sponsor the inaugural National Vaccine Law Conference at Mason Square in Arlington, VA. C-IP² Jurist in Residence Judge Susan G. Braden served on the conference board and spoke in a breakout session entitled “Vaccine Injury Compensation Inside the NVICP.” The conference was covered in a DCBar blog post and was advertised on the Scalia Law events website.

Annual Fall Conference
On September 22-23, C-IP² held our 2022 Annual Fall Conference, IP on the Wane: Examining the Impacts as IP Rights Are Reduced, in person at Mason Square with the Global Antitrust Institute (GAI) and the National Security Institute (NSI) as this year’s co-hosts. The conference featured a Keynote Lunch with virtual remarks from Thom Tillis, Senator for North Carolina; seven panels of experts covering several types of IP, as well as antitrust and national security; and a Special Closing Reception in recognition of the Honorable John F. Witherspoon, who is a member of C-IP²’s Advisory Board, a Professor, and Director Emeritus of Scalia Law’s Intellectual Property Program, which he ran for many years. C-IP² was also pleased to feature the Seventh Annual Law Rocks Washington DC—a musical fundraiser for capital-area nonprofits by bands of local legal professionals—on the official conference program. The conference was recorded, and the sessions can be viewed on the conference website and C-IP²’s YouTube channel. The conference was approved for 9.5 hours of VA CLE.

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News and Speaking Engagements

C-IP² joins the IP community in mourning the sudden loss of George Washington Law School Professor and C-IP² Scholar Dmitry Karshtedt. Dmitry was a talented IP scholar and a great teacher and friend to many. Below are a few posts commemorating Dmitry and his life and work.

• • On October 31, was commemorated by Jason Rantanen in a Patently-O post, “Dmitry Karshtedt”
  • On October 31, was mentioned by Scott Graham in a Law360 post, “Dead in Mid-40s: Law Professor Mourned as ‘Brilliant Scholar,’ ‘Nicest Guy in the World”
  • On November 1, was eulogized by Irina Manta in Reason Magazine’s The Volokh Conspiracy in a post entitled “In Memoriam: Dmitry Karshtedt (1977-2022)”
  • On November 14, was remembered by Caitlin Kitson in a GW Hatchet post, “Law professor and intellectual property law scholar dies at 45”

Scholarship Program Announcement: The Scalia Law Alumni September Newsletter announced, “Professor and Director Emeritus John F. Witherspoon Establishes ‘The Witherspoon Scholars Program.’ The Program will provide funding for the next 15 years, primarily to students with financial need and those interested in intellectual property, including patent law. The first Witherspoon Scholars will be announced in fall 2023.”

Good alumni news for the IP Program: Two Scalia Law IP graduates, Dawn-Marie Bey and Lucy J. Wheatley, made the Virginia Lawyers Weekly list of “Virginia’s Go To Lawyers for Intellectual Property Law.”

In its first in-person extramural tournament since March 2020, Scalia Law’s Moot Court Board won first place at the Billings, Exum & Frye National Moot Court Competition at Elon University School of Law. The Team beat 35 other teams to take top honors in arguments before North Carolina state and federal judges. They will compete in the ABA National Appellate Advocacy Contest later this winter and next spring.

2021-2022 Edison Fellow Dr. John Liddicoat had his Fellowship paper, Repositioning Generic Drugs: Empirical Findings and Policy Implications, published in the International Review of Intellectual Property and Competition Law. The paper was co-authored with Kathleen Liddell, Jonathan Darrow, Mateo Aboy, Matthew Jordan, Cristina Crespo & Timo Minssen.

Dr. Lili Yang, recipient of a Leonardo da Vinci Fellowship Research Grant, was published along with co-author Professor Jyh-An Lee in the Duke Law and Technology Review with the paper Viagra Did Not Work, but Michael Jordan Still Made It: Trademark Policy Toward the Translation of Foreign Marks in China.

On November 9, C-IP² was mentioned in Scalia Law’s Capital Notes email digest edition on “Research: Raising Questions, Finding Answers” for the forthcoming book 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things (Cambridge University Press), a volume co-edited by C-IP² Senior Fellow for Innovation Policy & Senior Scholar Jonathan M. Barnett and Faculty Director Seán M. O’Connor and featuring chapters by expert contributors, a number of whom spoke at C-IP²’s December 2021 academic conference on Intellectual Property and Innovation Policy for 5G and the Internet of Things, which initiated the book project. 

Along with Professor Adam Mossoff, C-IP² Senior Fellow for Innovation Policy and Senior Scholar Professor Jonathan Barnett wrote and signed a November 30 Letter to Assistant Attorney General Jonathan Kanter on SEPs and Patent Pools. The letter was signed by 28 former judges and government officials, legal academics, and economists, including C-IP² Advisory Board Member the Hon. Paul Michel; Senior Scholars Professor Kristina M. L. Acri, Professor Justin (Gus) Hurwitz, and Dean Kristen Osenga; and Scholar Dr. Bowman Heiden.

Faculty Director Seán M. O’Connor penned the op-ed Is the era of tech bros and techno-libertarianism over? in The Hill.

* * *

We are honored and delighted to welcome to our team of C-IP² affiliates the following academics and legal professionals whom we admire and with whom we look forward to working!

• • Senior Scholars: Professor Joseph Fishman, Dr. Kristina M. L. Acri née Lybecker, Professor Michael Mireles, Professor Michael Risch, Professor James Y. Stern
  • Practitioner in Residence: Dale Lazar

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

• • In October, joined C-IP² as a Senior Scholar
  • Signed a November 30 letter (co-authored by Professors Jonathan Barnett and Adam Mossoff) to Assistant Attorney General Jonathan Kanter on SEPs and Patent Pools

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)

• • Was cited in a September 7 article on how “Librarians and Lawmakers Want Greater Access to E-Books” by Caitlin Dewey (Stateline.org) for Governing: The Future of States and Localities
  • On September 23, moderated the panel “Copyright Under Pressure – What Phase Are We In?” at C-IP²’s Annual Fall Conference (a recording of the panel is available on YouTube, and a write-up on the panel can be found on C-IP²’s blog)
  • On October 25, joined the Copyright Society-sponsored virtual panel “Art Law: Warhol Foundation v. Goldsmith.” The other panelists were Professor Pamela Samuelson, Professor Jessica Litman, Jordana Rubel, and Professor Emily Behzadi, and the panel was moderated by musician and graduating RWU Lawstudent Jeffrey Prystowsky. This was the most attended CSUSA panel discussion to date, with over 620 pre-registrants. (A recording of the panel is available on YouTube.)
  • On October 28, spoke as a panelist for “Plenary Session 2: Andy Warhol Foundation for the Visual Arts v. Goldsmith Amici” at IIPSJ’s Mosaic IP Law and Policy Roundtable Conference
  • On November 15, Mason’s Arts & Entertainment Advocacy Clinic, which is led by Professor Aistars, collaborated with Washington Area Lawyers for the Arts (WALA) for a Legal Workshop & Clinic: Copyright in the Metaverse
  • On November 16, gave the 2022 Christopher A. Meyer Memorial Lectureat The George Washington University Law School in Washington, D.C. A recording of the lecture is available on CSUSA’s website (login in to view; you can sign up for a free account here). Click here to learn more about this prestigious lecture series, and click here to read about Professor Aistars’s 2022 lecture.
  • Directed student participation in a November 3^rd online education session for Own Your Dance, a non-profit organization for choreographers 

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

• • On September 16, presented on “Illusions of Dominance: Revisiting the Market Power Assumption in Platform Ecosystems” at the Market Structure Roundtable hosted by the International Center for Law & Economics
  • On September 23, moderated the panel “How Weak Patent Rights Distort Innovation Markets” at C-IP²’s Annual Fall Conference (a recording of the panel is available on YouTube)
  • With Professor Adam Mossoff, co-authored and signed a November 30 Letter to Assistant Attorney General Jonathan Kanter on SEPs and Patent Pools
  • Mentioned in IP Watchdog’s November 30 post “Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter”

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

• • On September 9, attended the Federal Circuit Judicial Conference
  • On September 12-13, attended the IPWatchdog LIVE 2022 Conference in Dallas, Texas, and spoke on the September 13 panel “Injunctions and Relief in Patent Proceedings at the International Trade Commission”
  • On September 15-16, attended the Inaugural National Vaccine Law Conference and spoke on the September 15 panel “The Vaccine Court: Overview and Function”
  • On September 21, attended a Board Meeting for AI and software firm LegalSifter, Inc.
  • On September 22, attended a public meeting of USPTO Private Patent Advisory Committee
  • On October 13-14, attended and participated in ALI Advisor’s Meeting on Restatement of the Law, Copyright, in Philadelphia
  • On October 18, attended and participated in the USPTO Private Patent Advisory Committee Meeting re: 2022 Annual Report
  • On October 25-26, attended the IPWatchdog Conference on Life Science IP Developments and spoke as a panelist for “Can Price Fixing and Antitrust Liability Control Drug Prices?”
  • On October 27, took part in a FedArb planning Session on the EU Unitary Patent System
  • On October 27, spoke as a panelist on the Bayh-Dole Coalition webinar entitled “The Three-Pronged Attack on U.S. Innovation and Intellectual Property”
  • Joined the Advisory Council for the Bayh-Dole Coalition
  • The 2022 USPTO Private Patent Advisory Committee Annual Report was forwarded to President Biden on November 1. (Judge Braden was the author of the IT/AI Chapters. See https://patentsgazette.uspto.gov/week47/OG/2022PPACAnnualReport.pdf.)
  • On November 4, attended the U.S. District Court Event for former Chief Judges Thomas F. Hogan and Royce C. Lamberth
  • On November 9, attended Board of Directors Meeting for LegalSifter, Inc.
  • On November 15, attended the United Inventor Association Board of Directors Meeting
  • On November 16, attended the Supreme Court Historical Society Dinner at DACOR Bacon House
  • On November 21, participated in the Administrative Conference of the United States Meeting with Academic Advisors for the Small Patent Claims Court Study requested by Congress
  • Was quoted and recognized in IP Watchdog’s November 23 article “What IP Stakeholders are Giving Thanks for in 2022”
  • On November 27-28, attended Board of Directors Meeting for LegalSifter, Inc.

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)

• • On September 22-23, attended C-IP²’s Annual Fall Conference

Terrica Carrington (C-IP² Practitioner in Residence; VP, Legal Policy and Copyright Counsel, Copyright Alliance)

• • Has been selected to receive the 2022 Inspiration Award from the IPO Education Foundation (IPOEF) at the December 9, 2022, IPO Education Foundation Awards even in Washington, D.C. (PR Newswire | Copyright Alliance)
  • On September 22- 23, attended C-IP²’s Annual Fall Conference
  • Throughout October, gave presentations on the Copyright Claims Board, the Copyright Alliance Small Claims Opt-Out Protection (SCOOP) Program, and the Copyright Alliance Initiative to Promote Diversity in Copyright (IPDC program) for several organizations:
    • October 5 – Women in Film and Video
    • October 13 – as part of the USPTO’s program on “Building an E-Commerce Presence, Session 9: Protecting Your Business: IP and the Indian Arts and Crafts Act”
    • October 19 – National Volunteer Lawyers for the Arts Retreat
    • October 20 – The ABA Copyright Litigation Committee
  • Attended the Meyer Lecture at George Washington Law School on November 16

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

• • On September 8, spoke on the panel “Diversity, Equity & Inclusion in FINRA Arbitrations” as part of the Practicing Law Institute’s 2022 Securities Arbitration Program in New York City
  • On September 17, spoke on the panel “Options for Preventing, Managing and Resolving Healthcare Disputes” as part of the ABA’s 2022 Physicians Legal Issues: Healthcare Delivery & Innovation Conference that was held in Chicago
  • On September 20, spoke on the panel “Getting to Maybe: The Intersection of ADR and Adult Learning” as part of the ADR Skills Program Series sponsored by New York Law School
  • On September 21, was a panelist on the ABA Litigation Section’s webinar “Roundtable 2: Everything You Wanted to Know About Arbitration (But Were Afraid To Ask) – Exchange of Information and Discovery Issues”
  • On September 28, was a panelist on the program “Conducting an Arbitration,” which was sponsored by the Columbian Lawyers Association of the First Department in New York
  • On September 30, conducted an arbitration training program for members of the New York Law School Dispute Resolution Team
  • On October 8, was a panelist on a segment entitled “Let’s Talk Settlement: The Ins and Outs of Resolving Your Case at the Negotiating Table,” which was part of the Asian American Bar Association of New York’s Fall Conference at Fordham University School of Law. More details here.
  • On October 11, visited Professor Elayne Greenberg’s class “Mediation: Representing Clients” at St. John’s University School of Law to discuss practice points and answer questions about mediation practice
  • On October 19, was a panelist on a segment entitled “Sustainable Solutions to DEI Challenges in ADR,” which was part of the Minority Corporate Counsel Association’s Pathways to Diversity Conference at the Marriott Marquis Hotel in New York City. More details here.
  • On October 19, was also a co-presenter on mediator’s proposals at the American Arbitration Association’s Midwest Arbitrators Roundtable
  • On October 20, was a panelist on a segment entitled “The Mediator’s Toolbox: Practical and Ethical Considerations on Breaking Impasse,” which was part of the New York State Bar Association Dispute Resolution Section’s Fall Meeting at the American Arbitration Association’s midtown offices in New York City. More details here.
  • On October 27, was a co-presenter on a segment entitled “The Culturally Competent Mediator: Standards, Microaggressions & Cultural Context,” which was part of the New Jersey Association of Professional Mediators’ “Improving Mediation Outcomes Through Cultural Competency” program that was presented to Maryland court personnel
  • In November 2022, his latest Resolution Alley column, entitled “Considering ADR for Trusts and Estates Disputes,” was published in the New York State Bar Association Entertainment, Arts & Sports Law Journal. Resolution Alley is a regular column Mr. Cheng writes that addresses the use of ADR in the entertainment, arts, and sports industries. (The piece can be read here on LinkedIn)
  • On November 1, was a guest lecturer in the Arts & Entertainment Law Clinic at the University of Detroit Mercy School of Law where he discussed alternative dispute resolution and, in particular, the out-of-court resolution of copyright disputes
  • On November 5, was a featured speaker at the 29th Annual Conference of the New Jersey Association of Professional Mediators. The title of his talk was “Becoming a Master Mediator: The Path to Excellence.”
  • On November 11, was a panelist on a program sponsored by the Silicon Valley Arbitration and Mediation Center entitled “Should Technology Cases Have Special Arbitration Rules?”
  • On November 13, was a panelist on a program sponsored by the American Arbitration Association as part of its Diverse Student ADR Summit entitled “Perspectives From the Trenches – Part 3: ADR Professionals.” 

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

• • Planned and presided over the second meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship on September 15-16
  • On September 22-23, attended C-IP²’s Annual Fall Conference
  • On September 30, was a panelist at The Brigham-Kanner Property Rights Conference, which was hosted by the William & Mary Property Rights Project at William & Mary Law School

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

• • On October 28, spoke as a panelist for a discussion about Andy Warhol Foundation for the Visual Arts v. Goldsmith Amici and as a moderator for the panel “Traditions or Traps? Patent Inventor Access under Review” at IIPSJ’s Mosaic IP Law and Policy Roundtable Conference
  • On November 18, gave a presentation on Rectifying Missed Opportunities: Expanding the Diversity in Innovation Pledge to Law Firms and Law Schools at the 2022 Santa Clara University Law School Innovator Diversity Pilots Conference 

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

• • On September 11, was mentioned in a Patently-O post by Professor Dennis Crouch entitled “Laser v. Dolin: Estoppel and the Billion Dollar Question of Whether an IPR Petition is filed “during” the IPR”
  • On September 22, spoke on the panel “How Well Does the Antitrust Approach Fit the Biopharmaceutical Space?” at C-IP²’s Annual Fall Conference (a recording of the panel is available on YouTube)

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)

• • Served as a Distinguished Commentator during the second meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship on September 15-16

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

• • Presented the paper “Quantum Standards Development Organizations and their Patent Policies” at the Transatlantic Quantum Forum, held at University of California, Los Angeles (UCLA) Institute for Technology, Law & Policy on September 16-17, and at the Cybersecurity Law and Policy Scholars Conference (CLPSC), held at the University of Minnesota Law School on September 23-24

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)

• • Has been appointed to the Industry Advisory Board for IT & Software at the Licensing Executives Society International (LESI)
  • Moderated and co-presented “Lost in Tokenization: Legal Implications of Non-Fungible Tokens on Finance, Art, Property, and Culture” for the American Bar Association Business Law Section Annual Meeting on September 15
  • On September 14, presented “Understanding Small Business Exploitation of Intellectual Property,” the first of three session on Integrating Intellectual Property to Grow Your Business, hosted by the Blue Ridge Community College
  • Presented “Privacy and Cybersecurity Fundamentals for Teens, Adults, and Seniors” for Florida Blue (Blue Cross Blue Shield, Florida) on September 29
  • On October 18, presented “Integrating IP into Business Planning,” the second of three session on Integrating Intellectual Property to Grow Your Business, hosted by the Blue Ridge Community College
  • Presented “Strategies for the Metaverse: The Law, Society, and Economy of Web3” at the Incheon International High School in Incheon, South Korea
  • On October 25, presented on Intellectual Property and Privacy Ethics for the Business Ethics, Date, and Privacy Workshop at the University of Miami, hosted by the Miami Herbert Business School in collaboration with the Arsht Ethics Initiative and the UM Ethics Programs
  • Presented “Health Care Gamification, Patient Commoditization, and Government Regulation: Constitutional Implications of Corporate Efforts to Avoid HIPAA and FDA Regulation” at the Loyola University Chicago School of Law and George Washington University Law School Thirteenth Annual Constitutional Law Colloquium November 4
  • On November 16, presented “Developing Essential Contracts to Protect the Small Business,” the second of three sessions on Integrating Intellectual Property to Grow Your Business, hosted by the Blue Ridge Community College

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

• • On September 22-23, attended C-IP²’s Annual Fall Conference

Joseph Fishman (C-IP² Senior Scholar; Professor of Law, Vanderbilt University Law School)

• • In November, joined C-IP² as a Senior Scholar

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

• • On September 27, participated in Sisvel’s webinar, “New Wi-Fi 6 Patent Pool & LIFT Royalty Payment Structure”
  • On September 30, spoke as a panelist on a LESI Patent & Technology Licensing Committee and 4iP Council webinar entitled “Connected Cars: New Challenges and Opportunities” (a recording of the panel is also available on YouTube)
  • In October, spoke at PatSnap’s Annual Innovation Conference, Frontier 2022
  • On October 14, was quoted by 4iP Council for #worldstandardsday

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

• • Published a piece in Patently-O on November 11 entitled “After Granting Certiorari In Enablement Case, Supreme Court Declines Opportunity To Address Written Description”

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

• • Co-wrote The Patent Law Origins of Science Fiction with Daniel Harris Brean (published on December 1, 2022)
  • On November 7, spoke at Iowa Law School about her Fordham Law Review article “The Value in Secrecy”

Justin (Gus) Hurwitz (C-IP² Senior Scholar; Professor of Law, The Menard Director of the Nebraska Governance and Technology Center and the Co-Director of the Space, Cyber, and Telecommunications Law Program, University of Nebraska-Lincoln College of Law)

• • Featured as a guest speaker on Episode 421, “Congressional Session of the Living Dead,” of The Cyberlaw Podcast (a September 12 write-up of the episode by Stewart Baker is available at Reason)
  • Featured as a guest speaker on Episode 424, “Big Tech’s Chickens Coming Home to Roost,” of The Cyberlaw Podcast (an October 4 write-up of the episode by Stewart Baker is available at Reason and on the LawFare blog)
  • On October 14, spoke at a conference on The Administration of Antitrust: The FTC and the Rule of Law, hosted by the Boyden Gray Center and co-hosted by the Global Antitrust Institute
  • Featured in the November 23 podcast episode “The FTC’s Litigation: In Court and In-House,” hosted by Gray Matters
  • Signed a November 30 (co-authored by Professors Jonathan Barnett and Adam Mossoff) to Letter to Assistant Attorney General Jonathan Kanter on SEPs and Patent Pools

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

• • Was quoted in GW’s Hatchet November 14 article “Law professor and intellectual property law scholar dies at 45”
  • Was quoted in IP Watchdog’s November 17 article “Advice from the SEP Masters: Rely on the Data, Engage with Courts and Regulators, Be Wary of Calls for Special Tribunals” 

Joshua Kresh (C-IP² Managing Director)

• • Planned and presided over the second meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship on September 15-16
  • Planned and presided over C-IP²’s Annual Fall Conference on September 22-23
  • Attended LeadershIP’s event on The Digital Ecosystem: Innovation and Competition in Washington, D.C., on September 28
  • Attended a PTAB Roundtable Discussion at The George Washington University Law School event on September 29
  • On October 19 and 20, attended the USIPA Board Meeting and Annual Meeting in Atlanta, Georgia
  • On October 21, attended the virtual CIPIPL International IP Practice Virtual Seminar
  • Attended the AIPLA Leadership Meeting on October 26 and the AIPLA Annual Meeting on October 27-29 in National Harbor, Maryland
  • On November 11, attended CIPIPL’s 66th Annual IP, Information & Privacy Law Conference
  • Attended the Meyer Lecture at GW Law School on November 16

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

• • Joined C-IP² as a Practitioner in Residence
  • Works with clients and students as Director of the Patent Program for the Innovation Law Clinic of George Mason University Antonin Scalia Law School
  • Participated in the planning committee for the 18th Annual Advanced Patent Law Institute co-hosted by The University of Texas School of Law and George Mason University Antonin Scalia Law School

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

• • Co-organized and spoke on “Designing Empirical Studies in Law” at the European Policy on Intellectual Property (EPIP) PhD Workshop 2022, which was held September 14-16 (Faculty of Law, University of Cambridge, Cambridge, UK)
  • Co-organized and presented “Repositioning Generic Drugs: Empirical Findings and Policy Implications” and “Has the EU Incentive for Drug Repurposing been Effective? An Empirical Analysis” in the September 16 CeBIL Symposium 2022 on Intellectual Property & Drug Repurposing: New Frontiers(Newnham College, University of Cambridge, Cambridge, UK)
  • In October, was invited to a Roundtable hosted by ‘Repurposing of Medicines 4All’, a new European Platform for Medicines Repurposing, funded by the European Commission. The focus of the roundtable was on the Platform’s philosophy, vision, mission, and operational principles.
  • 2021-2022 Edison Fellowship paper, Repositioning Generic Drugs: Empirical Findings and Policy Implications, was published in the International Review of Intellectual Property and Competition Law

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 a contributor in The Oxford Handbook of Comparative Health Law (eds. David Orentlicher and Tamara K. Hervey), published September 28
  • Was quoted in the Medical Xpress November 3 article “Are drug companies the villain? New study questions claims of ‘evergreening”

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)

• • In October 22, was mentioned in Penn State Dickinson Law article “Professor Daryl Lim Publishes Article In Indiana University Mauer School of Law’s IP Theory Journal” (Professor Lim’s article is entitled Life after Google v. Oracle: Three Reflections on a Theme)
  • In November, moderated the panel “Cybersecurity and Data Security: What Every Lawyer Should Know,” hosted by Penn State Dickinson Law

Irina D. Manta (C-IP² Senior Scholar; Professor of Law, Hofstra University School of Law)

• • On October 19, took part in a virtual conversation about “Engendering Trust in Election Outcomes,” which was hosted by Elon University School of Law

Hina Mehta (C-IP² Practitioner in Residence; Director, Office of Technology Transfer, George Mason University)

• • In 2022, was recognized by the AmeriCorps and the Office of the U.S. President with a Presidential Lifetime Achievement Award for volunteer service, signed by President Biden 

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

• • In September, joined C-IP² as a Senior Scholar
  • On September 22- 23, attended C-IP²’s Annual Fall Conference

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 23, moderated the panel “How Well Does the Antitrust Approach Fit the Biopharmaceutical Space?” at C-IP²’s Annual Fall Conference (a recording of the panel is available on YouTube)
  • Was quoted in a September 27 in Bloomberg Law article “Gray Areas in Patent Review Denials Catch Agency Director’s Eye” by Kelcee Griffis
  • Wrote an October 14 letter to the U.S. Congress’s Senate Judiciary Committee and Subcommittee on Intellectual Property in favor of the Patent Eligibility Restoration Act of 2022

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 29, spoke on the webinar “IP for the People – A Wikimedia Race and Knowledge Equity Public Education Webinar,” which hosted by the Institute for Intellectual Property & Social Justice (IIPSJ)
  • Was a panelist for IP at The Supreme Court Series: Andy Warhol Foundation for the Visual Arts v. Goldsmith on October 12

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

• • On December 12, gave a presentation on film and television tax incentives at a CLE event for the Nashville Bar Association year end Entertainment and Sports CLE program 

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

• • On September 22- 23, attended C-IP²’s Annual Fall Conference
  • Attended the Meyer Lecture at GW Law School on November 16

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

• • Presided over C-IP²’s Annual Fall Conference on September 22-23 and gave remarks during the September 23 conference reception in recognition of the Honorable John F. Witherspoon
  • On October 13, moderated the panel on “Global Tech Trends: Africa, China, Europe, Latin America and Russia” at the Fifth Annual International IP Summit, which was hosted at Boston College Law by Ropes & Gray
  • On October 17, gave a lecture entitled “What Does it Mean to Own Virtual Things?: Non-Fungible Tokens (NFTs), Video Games, and the Metaverse” at Mason Korea as part of the Mason Korea Distinguished Lecture Series
  • On November 15, delivered a virtual lecture—entitled “Determining the Composition: Songwriting, Music Copyright and Technology”—to National Chengchi University (NCCU) in Taiwan as part of an academic course of Media and Entertainment Law in the Digital Age

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

• • Signed a November 30 (co-authored by Professors Jonathan Barnett and Adam Mossoff) to Letter to Assistant Attorney General Jonathan Kanter on SEPs and Patent Pools

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

• • On October 27, was mentioned in Livelaw News Networks’ post “IJIEL Blog: Call for Submissions On A Rolling Basis”

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

• • Professor Risch’s 2011 George Mason Law Review article, A Surprisingly Useful Requirement, was cited in a September 9 Patently-O article on “Utility and Eligibility” by Professor Dennis Crouch
  • Served as a Distinguished Commentator during the second meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship on September 15-16
  • Was quoted in the October 11 Insurance Journal article “Uber Executive/s Conviction Puts Spotlight on Secrecy About Hacking” by Jack Gillum; the article was also syndicated by Bloomberg
  • In October, gave a presentation entitled “Worse than Human?” as part of the Villanova University Falvey Library Speaker Series

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

• • In September, served as a commentator for Professor Sarah Burstein’s paper “Uncreative Designs” as part of Northeastern University School of Law’s 2022-2023 Faculty Colloquia Series
  • Was quoted extensively in the September 13 Yahoo!/Sportico article entitled “Luka Dončić Embroiled in Unusual Trademark Dispute With His Mother” by Michael McCann
  • Participated as a commentator at the Suffolk Law IP Center’s Fourth Annual Intellectual Property & Innovation Conference at Suffolk University Law School on September 30-October 1
  • Was quoted in an October 4 Digiday article about Kim Kardashian and the SEC
  • Was quoted in the Daily Dot in an October 13 article by Grace Stanley entitled “Bethenny Frankel sends TikTok creator Meredith Lynch a cease and desist, sparking debate”
  • On October 20, have a presentation on “The Poetics of Trademark Law” as part of the University of New Hampshire Franklin Pierce School of Law’s IP Speaker Series
  • Presented “Multi-Level Lies” at UNH Law’s 2022 Annual Academic IP Roundtable on October 20-21
  • Was quoted in an October 20 Washington Post article by Ben Brasch entitled “Barilla customers sue because ‘Italy’s #1 Brand of Pasta’ is made in U.S.”
  • Was quoted by Grace Stanley in an October 5 Daily Dot article as well as in a post in its newsletter, Passionfruit, for a piece entitled “TikToker says her video was used in Refy Beauty ad without her permission, sparking debate”
  • Was quoted in The Fashion Law on Kanye West and morals clauses
  • Was quoted in VOA Learning English on how students should use Twitter
  • Was quoted in Law360 on the class action lawsuit against FTX and celebrity endorsers
  • Was quoted in Reuters, ABA Journal, and Bloomberg on potential litigation over blue-check impersonation on Twitter
  • Was referenced as a source in a Washington Post article about a false advertising lawsuit against Barilla for marketing itself as “Italy’s #1 Pasta Brand”
  • Gave a talk in the music department of Northeastern’s College of Arts, Media & Design

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

• • On September 28, gave a lecture in Padova, Italy on “Innovation and ESG.” The lecture was part of the University of Padova’s Multidisciplinary Summer School program titled Corporate Sustainability: From CSR to ESG, and Prof. Robinson was one of the law professors from the United States invited to participate.
  • On October 29, spoke at the AIPLA 2022 Annual Meeting in National Harbor, Maryland, in a session entitled “Happy Birthday to You (AIPLA) – Year in Review”; the talk reviewed the developments in patent law in 2022.
  • On November 18, attended and participated in the 2022 Santa Clara University Law School Innovator Diversity Pilots Conference, pitching a pilot program related to a Law and Technology Pipeline Consortium Session 4

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

• • On October 12, presented his article Examining Copyright (forthcoming) as part of the George Washington University Law School Speaker Series
  • Also on October 12, hosted the webinar “Courthouse Steps Oral Argument: Andy Warhol Foundation for the Visual Arts, Inc. V. Goldsmith”

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)

• • Served as a Distinguished Commentator during the second meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship on September 15-16
  • On September 23, spoke on the panel “How Weak Patent Rights Distort Innovation Markets” and moderated the panel “Trade Secrets: Waxing While Others Wane?” at C-IP²’s Annual Fall Conference (recordings of the panel are available here and here, respectively, on YouTube)
  • On October 5, spoke on a Geneva Network webinar entitled “Should the TRIPS Waiver be expanded to Covid-19 therapeutics and diagnostics?”
  • On November 30, spoke on the panel, “Bolstering Economic Recovery: Intellectual Property Rights & Investment Outlook” in Jakarta on behalf of Geneva Network and the Center for Indonesian Policy Studies (CIPS)

Amy Semet (C-IP² Scholar; Associate Professor, University at Buffalo School of Law)

• • Participated in the Suffolk Law IP Center’s Fourth Annual Intellectual Property & Innovation Conference at Suffolk University Law School on September 30-October 1

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

• • On November 15, moderated the student panel for a Legal Workshop & Clinic: Copyright in the Metaverse, which was hosted by Mason’s Arts & Entertainment Advocacy Clinic and with Washington Area Lawyers for the Arts (WALA)
  • On September 22- 23, attended C-IP²’s Annual Fall Conference
  • Directed student participation in a November 3^rd online education session for Own Your Dance, a non-profit organization for choreographers

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)

• • On September 12, mentioned on USD Law’s website as being recognized as the 2022-2023 Herzog Endowed Scholar
  • On November 4, mentioned on USD Law’s website as becoming the “inaugural Judith Keep Professor of Law”

Eric M. Solovy (C-IP² Practitioner in Residence; Partner, Sidley Austin LLP)

• • On September 11, presented at the 2022 AIPPI World Congress in San Francisco, CA on the panel “Pharma I: IP and COVID-19 – Two Years Later”
  • In late October, represented the Sidley Emerging Enterprises Pro Bono Program at the International Trade Centre’s (ITC) SheTrades and UPS Women Exporters Programme: “Working together with Mexico’s Secretaría de Economía, UPS, Mercado Libre, and the ITC, we provided hands-on training to Mexican women-led small businesses on essential topics for accessing new markets. My presentation focused on the importance of IP rights, the USMCA, and overall export strategy.” – via LinkedIn

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

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

Toshiko Takenaka (C-IP² Scholar; Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington School of Law)

• • On November 3, spoke at IAM Live: AI IP Europe 2022
  • On November 7, participated in Université Toulouse 1 Capitole’s conference Rethinking the Impact of Artificial Intelligence on Patent Law

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

• • On October 19, joined a conversation with other new faculty at Cardozo Law as part of the Intellectual Property & Information Law Fall 2022 Speaker Series
  • In November, spoke at UNH Franklin Pierce School of Law’s 2022/2023 Intellectual Property (IP) Speaker Series
  • On November 9, moderated a fireside chat with Katherine E. Lewis (Partner and Director of Innovative Ventures, Meister Seelig & Fein LLP) at Cardozo Law as part of the Intellectual Property & Information Law Fall 2022 Speaker Series

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Scholarship & Other Writings

Mary Catherine Amerine, The fragility of freelancing: The impact of copyright law on modern journalism, in The Subjects of Literary and Artistic Copyright (eds. Enrico Bonadio and Cristiana Sappa) (Edward Elgar 2022)

Jonathan M. Barnett, The case against the FTC, The Hill (October 3, 2022)

Jonathan M. Barnett, The End of Reason at the FTC, Truth on the Market (November 14, 2022)

Jonathan M. Barnett, How patents facilitate market entry and promote competition, IAM (06 July 2022)

Jonathan Barnett, Illusions of Dominance?: Revisiting the Market Power Assumption in Platform Ecosystems (October 26, 2022). USC CLASS Research Paper No. CLASS22-29, USC Law Legal Studies Paper No. 22-29

Jonathan M. Barnett, Taking Cost-Benefit Analysis Seriously in Consumer-Data Regulation, Truth on the Market (September 12, 2022)

Daniel R. Cahoy, Trademark’s Grip Over Sustainability (March 15, 2022). University of Colorado Law Review, Vol. 94, No. 4, Forthcoming

Theo Cheng, “Considering ADR for Trusts and Estates Disputes,” 33 New York State Bar Association Entertainment, Arts & Sports Law Journal 3: 12-14 (2022) [viewable here on LinkedIn]

Cala Coffman, C-IP² 2022 Fall Conference Panel Discusses Copyright Under Pressure, C-IP² Blog (October 26, 2022)

Thomas D. Grant & F. S. Kieff, Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform, 43 MICH. J. INT’L L. 171 (2022). Available at: https://repository.law.umich.edu/mjil/vol43/iss1/5

Steve Harris, Suzanne Harrison, and Bowman Heiden, How European countries compare on gender diversity in inventorship, IAM (September 15, 2022)

Chris Holman, “After Granting Certiorari In Enablement Case, Supreme Court Declines Opportunity To Address Written Description,” Patently-O (November 11, 2022)

Camilla Hrdy, Gersen & Hempill: What’s in a Bottle?, Written Description (October 21, 2022)

Camilla Hrdy, Morten Follow-Up: What Do Federal Agencies’ Enabling Statues Say About Their Power to Disclose Trade Secrets?, Written Description (September 6, 2022)

Camilla Hrdy, The Value in Secrecy, Fordham Law Review (November 1, 2022)

Camilla Alexandra Hrdy and Daniel Harris Brean, The Patent Law Origins of Science Fiction (December 1, 2022)

Gus Hurwitz, FTC Could Soon Face High Court Reprimand, Real Clear Policy (October 11, 2022)

Jyh-An Lee and Lili Yang, Viagra Did Not Work, but Michael Jordan Still Made It: Trademark Policy Toward the Translation of Foreign Marks in China (September 6, 2022). Duke Law & Technology Review, Vol. 20, No. 1, 2022, The Chinese University of Hong Kong Faculty of Law Research Paper No. 2022-36

Johnathon Liddicoat, Kathleen Liddell, Jonathan Darrow, et al. Repositioning Generic Drugs: Empirical Findings and Policy Implications, IIC (2022)

Erika Lietzan and Kristina M.L. Acri née Lybecker and Evan Weidner, The Case of the Missing Device Patents, or: Why Device Patents Matter (September 19, 2022). Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 33, Forthcoming, University of Missouri School of Law Legal Studies Research Paper, Forthcoming

Erika Lietzan and Kristina M.L. Acri née Lybecker, Solutions Still Searching for a Problem: A Call for Relevant Data to Support “Evergreening” Allegations (September 26, 2022). Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 33

Daryl Lim (2022) “Life After Google v. Oracle: Three Reflections on a Theme,” IP Theory: Vol. 12: Iss. 1, Article 3.

Irina Manta, In Memoriam: Dmitry Karshtedt (1977-2022), The Volokh Conspiracy (November 1, 2022)

Loren E. Mulraine, Unintended Repercussions: Copyright Termination and the Punitive Effect of 17 U.S.C. §203(a)(3) on the Rights of Creators, 22 UIC Rev. Intell. Prop. L. 23 (2022)

Seán M. O’Connor, Is the era of tech bros and techno-libertarianism over?, The Hill (November 14, 2022)

Kristen Osenga, Column: Are “patent thickets” to blame for high drug prices?, Richmond Times Dispatch (November 30, 2022)

Michael Risch, From Patents to Secrets (September 29, 2022). Research Handbook On Empirical Studies In Intellectual Property Law (Edward Elgar Publishing, Estelle Derclaye ed. Forthcoming 2022)

Zvi Rosen, What’s at Stake in Andy Warhol Foundation for the Visual Arts, Inc. V. Goldsmith, FedSoc Blog (October 4, 2022)

Saurabh Vishnubhakat and Dave Fagundes, The Coming Copyright Judge Crisis (September 12, 2022). New York University Law Review Online, Vol. 98, Forthcoming

Mark Schultz and Philip Stevens, Five reasons the TRIPS waiver should not be expanded to covid therapeutics, Geneva Network (October 5, 2022)

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