UA LAW IP

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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)