UA LAW IP

Greetings from C-IP² Faculty Director Seán O’Connor

As our fall season of programming is underway, we are pleased to report on summer (June-August) programming and scholarship at C-IP². Here are some highlights:

• • Fifth annual exclusive WIPO-U.S. Summer School on Intellectual Property virtually hosted about fifty students from around the world, taught by renowned experts from the academy and industry
  • Fourteen new Senior Scholars and Scholars (several of whom are former CPIP/C-IP² Edison Fellows)
  • Professor Alexandra Roberts of Northeastern University joins in our new position of Senior Fellow for Trademarks
  • Three amicus briefs in major IP cases drafted and filed by C-IP² staff and affiliates

We also organized the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship and C-IP²’s 2022 Annual Fall Conference during this period—both of which were successfully held in person and will be included in next quarter’s Progress Report. Finally, please note that our 2023-2024 Thomas Edison Innovation Law & Policy Fellowship Call for Applications was posted last week; details can be viewed here.

C-IP² Hosted & Co-Hosted Events

Academic Program
From June 6-17, C-IP² hosted the prestigious WIPO-U.S. Summer School on Intellectual Property for the fifth year. The virtual Summer School included 50 students representing 19 countries including Azerbaijan, Brazil, Canada, China, Columbia, Ethiopia, Hungary, India, Indonesia, Japan, Nigeria, Peru, Philippines, Republic of Korea, Romania, South Africa, the United States of America, Ukraine, and Vietnam. Among the instructors this year were C-IP² directors Sean O’Connor and Joshua Kresh; C-IP² Senior Fellows Sandra Aistars, Jonathan Barnett, and Emily Michiko Morris; and several C-IP² Affiliates: David Grossman, Steve Jamar, Lateef Mtima, Kristen Osenga, Eric Priest, and Mark Schultz. The Summer School was also taught by retired judges: the Honorable Judge Paul Michel (Ret.), U.S. Court of Appeals for the Federal Circuit, and the Chief Judge Susan Braden (Ret.), and by speakers from such government organizations as the U.S. Patent and Trademark Office and the U.S. Copyright Office.

News and Speaking Engagements

The Institute for Digital Innovation (IDIA)—which has partnered with the Innovation Law Clinic, founded by C-IP² Faculty Director Seán O’Connor—was mentioned in a June 14 Free Lance Star article by Michael Martz (Richmond Times-Dispatch).

This summer, we were honored and delighted to welcome to our team of C-IP² affiliates a number of academics we admire and with whom we look forward to working!

• • Senior Fellow for Trademarks: Professor Alexandra Jane Roberts
  • Senior Scholars: Professor Daniel Cahoy, Professor Justin (Gus) Hurwitz, Professor Steven Jamar, Professor Adam MacLeod, Professor Lateef Mtima, Professor Michael Risch, Professor Keith Robinson, Professor Brenda Simon, and Professor Saurabh Vishnubhakat
  • Scholars: Professor Lolita Darden, Dr. Charles Delmotte, Professor Gerardo Con Díaz, Professor Laura Ford, Professor Zvi Rosen

C-IP² was mentioned on Newswire’s article “National Vaccine Law Conference to Discuss & Debate Legal Aspects of Vaccines & Immunization in Virginia September 15-16″ as a co-host and partner of the conference.

C-IP² Scholar Lolita Darden & Senior Scholar Lateef Mtima served as Additional Counsel for the following amicus brief: The Andy Warhol Foundation for the Visual Arts, Inc., v. Lynn Goldsmith and Lynn Goldsmith, Ltd., Brief of Amici Curiae Institute for Intellectual Property and Social Justice and Intellectual-Property Professors in Support of Respondent (U.S. August 15, 2022). The brief was also signed by Faculty Director Sean O’Connor, Senior Scholar Steven Jamar, and Edison Distinguished Commentator Justin Hughes.

C-IP² Managing Director Joshua Kresh and Senior Fellow for Life Sciences and Scholar Emily Michiko Morris organized and signed following brief: Novartis Pharmaceuticals Corporation v. Accord Healthcare Inc., etc., Brief of Amici Curiae Intellectual Property Law Professors in Support of Novartis Pharmaceuticals Corporation’s Petition for Panel and En Banc Rehearing (U.S. August 4, 2022). The brief was also signed by Senior Scholars Kristen Osenga, Mark Schultz, and Ted Sichelman.

C-IP² Senior Fellow for Copyright Research and Policy and Senior Scholar Sandra Aistars organized and signed the following brief: Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC, Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022). The brief was also signed by Faculty Director Sean O’Connor; Managing Director Joshua Kresh; Senior Fellow for Innovation Policy & Senior Scholar Jonathan Barnett; Senior Scholars Jon Garon, Eric Priest, and Mark Schultz; and Scholars Christopher Newman and Zvi Rosen.

C-IP² Senior Fellow for Life Sciences Emily Michiko Morris has provided an analysis of Senator Tillis’s Patent Eligibility Restoration Act of 2022 bill, an important amendment to § 101 that would create valuable certainty in an area that has been murky for more than a decade.

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)

• • On June 13, taught “Fundamentals of Copyright” and moderated the panel “Copyright in the Creative Industries” during the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • On June 14, spoke with Suzanne Wilson, General Counsel and Associate Register of Copyrights at the U.S. Copyright Office, in a Fireside Chat as part of the WIPO-U.S. Summer School on IP
  • On June 21, participated in a virtual Copyright Claims Board Roundtable event
  • Organized and signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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

• • On June 6, taught “Overview and Economics of Intellectual Property” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • On June 15, spoke on the virtual panel “The U.S. Innovation System in a Changing World,” which was co-hosted by C-IP² and the Smithsonian’s Lemelson Center for the Study of Invention and Innovation
  • On June 22, spoke on “How Patents Drive Innovation and Growth: Insights from the Route 128 Tech Ecosystem” at a virtual Legislative Committee event hosted by the Boston Patent Law Association
  • On June 27, spoke on “Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking Initiative” at a symposium on the Rulemaking Authority of the Federal Trade Commission in Washington, D.C.
  • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)
  • On August 15, appeared on Information Technology and Innovation Foundation’s podcast Innovation Files in the episode “What Happens to the Economy When Patent Protections Are Weakened, With Jonathan Barnett”
  • On August 18, was mentioned in a CBR (Comic Book Resources) article “Warner Bros. Discovery’s Batgirl Cancellation Raises Antitrust Concerns, Warns Law Professor”

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

• • On June 3, attended USPTO Public Patent Advisory Committee (PPAC) Meeting with Undersecretary of Commerce for Intellectual Property and Director USPTO
  • On June 7, co-taught “Enforcing Rights: U.S. Patent Litigation” with Joshua Kresh at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • On June 9, attended United Inventors Association Board of Director Meeting
  • On June 13, attended USPTO PPAC Meeting with Chief Policy Officer and Director for International Affairs and Director of Government Affairs and Oversight and attended PPAC Executive Meeting on Patent Quality
  • On June 14, attended Public Session of USPTO PPAC and Meeting with USPTO’s Chief Information Officer
  • On June 15-18, attended Federal Circuit Bar Association Meeting in Sea Island, Georgia
  • On June 29, attended inaugural AI & Emerging Technology Partnership Meeting
  • On July 28, met with the USPTO CIO regarding the agenda for the August 9 public USPTO PPAC Meeting
  • On July 26, taught Civil Trial Litigation and Management (Including Patent Infringement Cases) to Community Court of Justice (ECOWAS), International Law Institute, Georgetown
  • On July 31, hosted a dinner party for the Ambassador to the United States from Niger to discuss IP law and enforcement in Niger
  • On August 1, attended a PPAC Executive Meeting
  • On August 4, ABA IP Section Council Dinner, Chicago
  • On August 5, PPAC Finance Subcommittee Meeting
  • On August 8, attended a PPAC Executive Meeting
  • On August 9, attended a PPAC Public Meeting (Presenter IT/AI Subcommittee)

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 August, joined C-IP² as a Senior Scholar

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

• • On June 16, participated in a discussion hosted by the Recording Academy/GRAMMY Advocacy, entitled “What You Need To Know About The Copyright Claims Board”
  • On June 30, spoke on a panel hosted by the Hudson Institute, entitled “What the Copyright Claims Board Means for Creators” (a recording of the panel is available here)
  • On July 12, spoke on a panel hosted by the Authors Guild on the “Copyright Claims Board: What Authors & Agents Should Know” (recording available here)

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

• • On June 1-3, served on the faculty of the 15th Annual ABA Arbitration Training Institute at Loyola University Chicago School of Law
  • In June, was invited by the College of Commercial Arbitratorsto join the College as a Fellow: “Established in 2001, the CCA is the world’s most prestigious ADR professional organization, defining and promoting the highest standards of arbitrator ethics, standards of conduct, and best practices. The CCA is an invitation-only organization that provides a meaningful contribution to the profession, the public, the legal sector, and to the businesses that implement commercial arbitration as a means of dispute resolution. The Fellows of the CCA are the elite within the profession. They have the professional training, judgment, and years of experience to undertake the most complex and difficult commercial arbitration assignments.”
  • Between June 1-3, 2022, served on the faculty of the ABA’s Arbitration Practice Development Program & 15th Annual Arbitration Training Institute, which was held at Loyola University Chicago School of Law. Specifically, Mr. Cheng spoke on programs relating to developing an arbitration practice, initiating arbitration proceedings, conducting preliminary hearings, and arbitration award-writing and post-award issues. Agenda at this link.
  • On June 23, 2022, spoke at the meeting of the Regional CCA Fellows Meeting on the topic of “Managing Virtual Hearing Exhibits”
  • On June 29, 2022, was a speaker on a panel hosted by Consolidated Edison entitled “Negotiating a Settlement in Mediation”
  • In July, Mr. Cheng’s latest column in his Resolution Alleyseries was published in the New York State Bar Association’s Entertainment, Arts & Sports Law Journal entitled, “‘The Slap’ and Emotions in Conflicts and Disputes.”
  • On July 13, 2022, gave a presentation to the ABA Dispute Resolution Section’s Mediation Committee entitled “A Refreshed Way to Deliver the Mediator’s Proposal”
  • On July 13, 2022, also participated in two panel programs that were a part of the New York State Bar Association’s Comprehensive Commercial Arbitration Training For Arbitrators And Counsel. The first panel addressed “Arbitration Ethics,” and the second panel addressed “Perspectives on Practice Development in the Arbitration World.” Program details at this link.
  • On July 19, 2022, was a co-speaker on a program presented to the New York State Office of the Attorney General entitled “Using Alternative Dispute Resolution to Address Intellectual Property Rights in the Employment Context”
  • On July 27, 2022, was a panelist on a program sponsored by the ABA Dispute Resolution Section’s ADR Practice Management, Business and Skills Development Committee entitled “Captivating Conversations that Connect and Convert: Best Practices for Marketing Your ADR Practice Online.” More details at this link.
  • On August 2, 2022, gave a presentation to the Asian Pacific American Lawyers Association of New Jersey on “The Roles and Responsibilities of a Nonprofit Board and its Members”
  • On August 26, 2022, gave an orientation to arbitration presentation to the New York Law School Dispute Resolution Team, and will be giving a longer training session to the team on September 30th

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

• • On August 29, was mentioned on the American Law Institute’s website as being a speaker at the upcoming 19th Annual Brigham-Kanner Property Rights Conference on September 29-30

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

• • In July, joined C-IP² as a Scholar
  • Served as Additional Counsel for and signed Brief of Amici Curiae Institute for Intellectual Property and Social Justice and Intellectual-Property Professors in Support of Respondent (U.S. August 15, 2022)

Dr. Charles Delmotte (C-IP² Scholar; Assistant Professor, Michigan State University College of Law; Affiliate Fellow, New York University School of Law Classical Liberal Institute)

• • In July, joined C-IP² as a Scholar
  • In August, was interviewed for the Detroit Legal News article “NYU tax scholar joins faculty at Michigan State law school”

Gerardo Con Diaz (C-IP² Scholar; Associate Professor, Science and Technology Studies, UC Davis College of Letters and Science

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

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

• • Participated as a discussant at the University of Houston Law Center’s Institute for Intellectual Property & Information Law’s National Conference
  • Co-organized a June 17 Symposium on Data in Cyber-Physical Systems, for the Center for Legal & Court Technology at William & Mary
  • On July 22, participated in a workshop for Digital Platforms as Enabling Access & Delivery of Legal Services during the virtual First Annual Olivas Writing Institute
  • On July 31, presented on Quantum Standards Development Organizations and their Patent Policies during a panel on “Intellectual Property and Web3” as part of the 2022 Southeastern Association of Law Schools (SEALS) Conference in Miramar Beach, Florida
  • In August, spoke on “Quantum Standards Development Organizations and their Patent Policies” at the 19th Annual IP Scholars Conference (IPSC), Stanford Law School, and at the Junior IP Scholars Association (JIPSA), Univ. of California, Berkeley School of Law

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

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

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)

• • Participated in the University of New Hampshire Franklin Pierce Law School, Intellectual Property Summer Institute, creating and teaching a new course entitled “Regulatory and Contractual Aspects of Web3 and the Metaverse”
  • In July, offered an all-day intellectual property training program for Blue Ridge University entitled Understanding Intellectual Property for the Emerging Business
  • In July and August, presented and moderated a series of panels at the Southeastern Association of Law Schools, including the following:
    • Intellectual Property, NFTs, and Collective Creation
    • Rethinking the Scholarship Submission Process and the Role for Law School Scholarship
    • Workshop on Advancement: Effective Development and Management of Advisory Boards
    • Workshop on Online Education: Online & Hybrid Learning Pedagogy Best Practices and Standards Development
    • Workshop on Online Education: The Changing Online Landscape
    • Constitutional Law Workshop: Is the U.S. Democratic System in Trouble?
    • Workshop on Online Education: Lessons from the Research on Online Legal Education
    • Is Section 230 Unconstitutional? Should it be modified?
  • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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

• • On June 9, taught a Simulation Exercise on “Transfer of Technology and Licensing” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²

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

• • On June 15, served as a panelist at Global Standards Leadership Conference at Northwestern University
  • On July 21, hosted a launch event for the Dynamic Competition Initiative together with David Teece, Nicolas Petit, and Thibault Schrepel

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

• • On July 29, was mentioned in a Patently-O blog post, “The Sound of Silence and the Inherency Doctrine for Written Description”
  • On August 9, was mentioned in the Patently-O post, “Novartis En Banc and Amicus Support”
  • On August 25, was mentioned in the Patently-O post, “Decisions by the Court as an Institution; or by the Judge as a Human?”

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

• • Congratulations to Camilla Hrdy, who—as of August 2022—is now Professor of Intellectual Property Law at the University of Akron School of Law!

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)

• • Joined C-IP² as a Senior Scholar in July 2022

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

• • Joined C-IP² as a Senior Scholar in July 2022
  • Signed Brief of Amici Curiae Institute for Intellectual Property and Social Justice and Intellectual-Property Professors in Support of Respondent (U.S. August 15, 2022)

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

• • In June 23, was mentioned in a Harvard Law School Forum on Corporate Governance post “Proposal on Climate-Related Disclosures for Investors”
  • On July 19, was mentioned in the Blog of the European Journal of International Law’s post “ISDS reform and air guitar: A response to Grant and Kieff”
  • On July 31, was mentioned in the Blog of the European Journal of International Law’s post “Two Weeks in Review, 18 July – 31 July”

Joshua Kresh (C-IP² Managing Director)

• • On June 7, co-taught “Enforcing Rights: U.S. Patent Litigation” with Judge Susan Braden (Ret.) at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • On July 26, attended the Inventing America Conference in Washington, D.C.
  • Organized and signed Brief of Amici Curiae Intellectual Property Law Professors in Support of Novartis Pharmaceuticals Corporation’s Petition for Panel and En Banc Rehearing (U.S. August 4, 2022)
  • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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

• • On June 10, gave a presentation entitled ‘Repositioning Generic Drugs: Empirical Realities’ at the Munich Summer Institute (Bavarian Academy of Sciences and Humanities, Munich, Germany)
  • On June 20, gave a presentation entitled ‘Our repurposing story’ at the CeBIL Retreat at the University of Copenhagen in Denmark
  • With colleagues, was cited and quoted in the USPTO’s Report to Congress entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States”

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 June 15, spoke on the panel “Top Cases in Food and Drug Law” at the Food and Drug Law Institute’s 2022 Annual Conference in Washington, D.C.
  • In August 2022, released the fifth edition of the book Food and Drug Law with co-authors Peter Barton Hutt, Richard A. Merrill, Lewis A. Grossman, Nathan Cortez, and Patricia J. Zettler.

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 Dickinson Law)

• • Congratulations to Professor Lim, who has accepted a new position at The Pennsylvania State University’s Dickinson Law School!
  • Spoke at the Artificial Intelligence and Intellectual Property Rights Conference, which was hosted in Switzerland from June 9-11 by the Swiss Federal Institute of Intellectual Property (IPI) and the University of Zurich Center for Intellectual Property and Competition Law (CIPCO)
  • Spoke on “IP and Tech: Is Past Prologue?” and served as a panelist for “Future Policy at the United States Patent and Trademark Office – Transformation or Status Quo” at the 37th marcus evans IP Law Summit, which was held from June 26-28 in Chicago, Illinois
  • Spoke on “Semiconductor M&A and IP Protection under the Epidemic” at the 2022 Jiwei Semiconductor Summit, which was held from July 15-16 in Xiamen, China 

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)

• • Joined C-IP² as a Senior Scholar in July 2022

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 June 9, taught “IP Issues in Life Sciences R&D and Commercialization” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • Organized and signed Brief of Amici Curiae Intellectual Property Law Professors in Support of Novartis Pharmaceuticals Corporation’s Petition for Panel and En Banc Rehearing (U.S. August 4, 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 June 15, gave a CLE presentation on music sampling issues, “Smart Sampling,” for the Nashville Bar Association at the National Museum of African American Music
  • Joined C-IP² as a Senior Scholar in July 2022
  • Served as Additional Counsel for and signed Brief of Amici Curiae Institute for Intellectual Property and Social Justice and Intellectual-Property Professors in Support of Respondent (U.S. August 15, 2022)

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

• • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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

• • For the 2022-2023 academic year, Professor O’Connor will be on a leave of absence from Antonin Scalia Law School to serve as a Visiting Professor at Boston College Law School.
  • On June 6, taught “The Different Kinds of Property in Intellectual Property,” and on June 8, spoke with the Hon. Judge Paul Michel (Ret.) in a Fireside Chat as part of the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • On June 14, launched the website for the Music Ecosystems Institute (MEI)
  • On June 15, moderated the virtual panel “The U.S. Innovation System in a Changing World,” which was co-hosted by C-IP² and the Smithsonian Institution’s Lemelson Center for the Study of Invention and Innovation
  • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)
  • Signed Brief of Amici Curiae Institute for Intellectual Property and Social Justice and Intellectual-Property Professors in Support of Respondent (U.S. August 15, 2022)

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

• • On June 7, taught “Fundamentals of U.S. Patent Law” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • Was interviewed for a July 26 Bloomberg article on a medical patent case
  • On July 26, moderated a panel entitled “Slouching Toward Beijing: How U.S. Patent Policies Undermine America’s Future” at the Inventing America Conference
  • Signed Brief of Amici Curiae Intellectual Property Law Professors in Support of Novartis Pharmaceuticals Corporation’s Petition for Panel and En Banc Rehearing (U.S. August 4, 2022)

Eric Priest (C-IP² Senior Scholar; Associate Professor, University of Oregon School of Law)

• • On June 13, taught “Securing & Using Copyright Protection Globally” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP²
  • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)
  • Was cited in The Andy Warhol Foundation for the Visual Arts, Inc., v. Lynn Goldsmith and Lynn Goldsmith, Ltd. Brief for Amici Curiae Association of American Publishers in Support of Respondents (U.S. August 15, 2022) [Eric Priest, An Entrepreneurship Theory of Copyright, 36 Berk. Tech. L.J. 737 (2021)]

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

• • Joined C-IP² as a Senior Scholar in July 2022
  • On August 11, spoke on “Growth of Trade Secrets in Patent Cases” at the IP Scholars Conference at Stanford Law School

Alexandra Jane Roberts (C-IP² Senior Fellow for Trademarks; Professor of Law and Media, School of Law and Department of Music, College of Arts, Media and Design (CAMD), Northeastern University)

• • Joined C-IP² as Senior Fellow for Trademarks in August 2022
  • Was quoted in the August 3 Protocol article “What’s in a name? If the name is Meta, a lawsuit.” by Issie Lapowsky
  • Was quoted in the August 24 Fast Company article “Is that shirt a Gucci . . . or a Cuggl?” by Elizabeth Segran
  • Was quoted in the August 30 Bloomberg Law article “Trump’s ‘Truth Social’ Trademark Loss More Detour Than Roadblock” by Riddhi Setty

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

• • Joined C-IP² as a Senior Scholar in July 2022
  • Organized and moderated a July 31 panel on IP and Web 3 at the 2022 SEALS conference
  • On August 5, was quoted in the Raleigh News & Observer paper on a patent infringement case

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

• • In August, joined C-IP² as a Scholar
  • In August, filed Brief of Amici Curiae Zvi S. Rosen in Support of Respondents (U.S. August 15, 2022) in The Andy Warhol Foundation for the Visual Arts, Inc., v. Lynn Goldsmith and Lynn Goldsmith, Ltd.
  • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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 June 10, taught “Fundamentals of Trade Secrets,” “Real World Value of Trade Secrets in a Global Innovation Economy,” and “Simulation Exercise: Best Practices for Protecting Trade Secrets” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP². Prof. Schultz also moderated the panel, “Trade Secrets in Global Business.”
  • Signed Brief of Amici Curiae Intellectual Property Law Professors in Support of Novartis Pharmaceuticals Corporation’s Petition for Panel and En Banc Rehearing (U.S. August 4, 2022)
  • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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

• • In July, presented an article on immigration at the Global Meeting on Law and Society in Lisbon, Portugal
  • The week of August 8, presented own Edison Fellowship article at the Junior IP Scholars Conference at Berkeley Law, and presented an article on an empirical examination of patent law and venue at the 2022 Intellectual Property Scholars Conference at Stanford Law
  • Is participating on the consultative group to the Administrative Conference of the United States (ACUS) for the project they are undertaking on the U.S. Patent Small Claims Court

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 Brief of Amici Curiae Intellectual Property Law Professors in Support of Novartis Pharmaceuticals Corporation’s Petition for Panel and En Banc Rehearing (U.S. August 4, 2022)

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

• • Joined C-IP² as a Senior Scholar in July 2022
  • In August, was appointed the “ProFlowers Professor of Internet Studies” at California Western School of Law

Saurabh Vishnubhakat (C-IP² Senior Scholar; Professor of Law and Director, Intellectual Property and Innovation Law Program, Yeshiva University Benjamin N. Cardozo School of Law)

• • Joined C-IP² as a Senior Scholar in July 2022

Scholarship & Other Writings

Jonathan M. Barnett, Antitrust populism would shift US from free market to managed economy, The Hill (June 15, 2022)

Jonathan Barnett, Antitrust Populism Would Shift Us From Market to Managed, Real Clear Markets (June 16, 2022)

Jonathan Barnett, Market Drops Show Tech Antitrust Reform Isn’t Needed, Law360 (August 5, 2022)

Jonathan M. Barnett, How patents facilitate market entry and promote competition, IAM (July 6, 2022)

Jonathan Barnett, Intellectual Property and Transactional Choice: Rethinking the IP/Antitrust Dichotomy, CPI Antitrust Chronicle (July 2022)

Jonathan Barnett, “Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking Initiative,” in Rulemaking Authority of the Federal Trade Commission (ed. Daniel Crane, Concurrences 2022)

Jonathan Barnett and David J. Teece, Is the West Giving Away the Game?, Network Law Review (July 21, 2022)

Gustav Brismark and Bowman Heiden, Licensing 2.0: How to Incentivise around the Prisoner’s Dilemma in SEP Licensing (July 22, 2022) [published by IAM on July 20, 2022 (link)]

Charles Delmotte and Daniel Nientiedt (2022). “Classical Liberalism: Market-Supporting Institutions and Public Goods Funded by Limited Taxation.” In Political Philosophy and Taxation, R.F. van Brederode (ed). Springer, Singapore.

Bowman Heiden and Caroline Pamp, Textiles For The Extreme (EPO tech transfer case study published in Les Nouvelles, June 2022)

Bowman Heiden and Thomas Bereuter, Licensing-Based Business Models (article in Les Nouvelles, June 2022)

Bowman Heiden and Lew Zaretzki, Why it’s time to create transparency around 5G SEPs, IAM (29 June 2022)

Chris Holman, Federal Circuit Flips “Negative Claim Limitation” Decision after Change in Panel Composition, Patently-O (June 23, 2022)

Kristen Osenga, Our National Security Depends on SEP Policy, LeadershIP (June 14, 2022)

Yogesh Pai and Prashant Reddy T, The TRIPs waiver and India: A misadventure and a compromise in Geneva by the government, Scroll.in (June 29, 2022)

Philip Stevens and Mark Schultz, Building a Predictable, Stable Patent System in Brazil, Geneva Network (June 20, 2022)

Prashant Reddy T. and Yogesh Pai, Crime and copyright infringement, The Hindu (June 8, 2022)

Thomas D. Grant and F. Scott Kieff, Chinese courts are deciding key patent cases — the US and its allies should be wary, The Hill (July 28, 2022)

Chris Holman, CareDx v. Natera: Some Further Thoughts on the Patent Eligibility of Molecular Diagnostics, Patently-O (July 20, 2022)

Peter Barton Hutt, Richard A. Merrill, Lewis A. Grossman, Nathan Cortez, Erika Fisher Lietzan, and Patricia J. Zettler, Food and Drug Law, 5^th ed. (Foundation Press 2022)

F. Scott Kieff and Thomas Grant, UK Rulings Give Chinese Courts Wide Powers in IP Disputes, Law360 (August 12, 2022)

Adam MacLeod, Vested Patents and Equal Justice (July 21, 2022). Catholic University Law Review, Forthcoming

Irina Manta, Announcing “Strangers on the Internet” Podcast, The Volokh Conspiracy (August 3, 2022)

Irina Manta and Cassandra Burke Robertson, Constitutional Citizenship in the U.S. Territories, LawFare (July 27, 2022)

Emily Michiko Morris, A Response to ‘Another Legislative Attempt to Revive Gene Patenting,’ Harvard Law Petrie-Flom Center (August 26, 2022)

Kristen Osenga, Friendly Fire: How the Biden Administration’s Innovation Policy Is Undermining U.S. National Security (July 13, 2022). CPI Antitrust Chronicle (July 2022) (SSRN | CPI)

Jack Ring, FTC Chair and Commissioners Weigh in on SEP Litigation at the ITC, C-IP² Blog (August 24, 2022)

Jack Ring, Philips and Thales’ Standard Essential Patent Fight at the Federal Circuit, District Court, and ITC, C-IP² Blog (August 18, 2022)

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

Brenda M. Simon, Preserving the Fruits of Labor: Impediments to University Inventor Mobility (May 17, 2021). Tennessee Law Review, Forthcoming

Brenda M. Simon, Using Artificial Intelligence in the Law Review Submissions Process (May 19, 2022). UC Davis Law Review, Forthcoming

Tuan Tran, From Great Ideas to Global Impact – A Talk with Andrew Byrnes, C-IP² Blog (July 28, 2022)

Shine (Sean) Tu and Paul R. Gugliuzza and Amy Semet, Overqualified and Underrepresented: Gender Inequality in Pharmaceutical Patent Law (November 3, 2021). Brigham Young University Law Review, Vol. 48, forthcoming, Temple University Legal Studies Research Paper No. 2021-44, WVU College of Law Research Paper No. 2022-001

Greetings from C-IP² Faculty Director Sean O’Connor

As we embark upon the Independence Day holiday weekend and contemplate the profound changes in our nation, we are gratified to report that C-IP² has stayed the course and continues to deliver on our mission with a rich offering of programs from March through May of this year. We launched the eighth iteration of the Thomas Edison Innovation Law and Policy Fellowship in March and welcomed our 2022-2023 cohort of Fellows in the Digital Innovation Pilot Space at Mason Square (formerly Arlington Campus). April was marked by a fireside chat between GRAMMY Award-winning composer Maria Schneider and C-IP² Senior Fellow for Copyright Research and Policy and Senior Scholar Sandra Aistars; a World IP Day webinar co-hosted with ITIF, Geneva Network, the Hudson Institute, Property Rights Alliance, and the U.S. Chamber of Commerce; and an academic roundtable, Ensuring Diversity and Inclusivity in Copyright, held in person in California. In May, C-IP² also hosted a talk by technology executive, attorney, and investor Andrew Byrnes and completed preparations for the virtual 2022 WIPO-U.S. Summer School on Intellectual Property, which ran for the first two weeks in June and will feature in our next report.

Taken together, all of our programs and publications show why we are now a Top 20 IP Program in US News. We’re looking forward to many more excellent events and scholarship within the coming months! In the meantime, I wish you a great summer and the best of health.

Celebrating One Year as C-IP²!

This July 1, our center celebrates a year since our name change from “CPIP” to the Center for Intellectual Property x Innovation Policy (C-IP², also: C-IP2)!

We’re still adjusting to saying “the Center for Intellectual Property by Innovation Policy” and “sip-squared”—but it’s catching on!

Most importantly, though, we’re excited to see how the name change has and continues to facilitate our center’s mission to “produc[e] research, education, and service at the intersection of IP and innovation policy to better understand and shape the means of innovation as a positive force for good.” We are excited that the name change has already broadened our reach and impact and allowed us to invite a number of scholars, speakers, and commentators whom we were eager to collaborate with but with whom we had not worked previously. This widening of our circle of collaborators was both the right thing to do on its own and likely contributed to our new Top 20 status in the latest U.S. News IP specialty rankings.

C-IP² Hosted & Co-Hosted Events

Thomas Edison Innovation Law and Policy Fellowship
On March 24-25, C-IP² hosted the first in person meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship. The Edison Fellowship, now in its eighth iteration, is a year-long non-resident fellowship program that brings together a group of scholars to develop research papers on intellectual property law and policy. The 2022-2023 Distinguished Commentators include Professors John Duffy, Justin Hughes, Zorina Khan, Michael Risch, and Mark Schultz, and this year’s Fellows include Prof. Sandra Aistars, Mary Catherine Amerine, Jeffrey Depp, Melissa Eckhause, Dr. Ani Harutyanyan, William Matcham, Dr. Jonathan Putnam, Kirk Sigmon, Carolina Torres-Sarmiento, and Yao Zhou. The program is led by Prof. Eric Claeys, Prof. Sean O’Connor, and Joshua Kresh. This year’s paper topics include fair use and remastering copyrighted material, cross-country analysis of intellectual property rights, standards and green technology, public-private collaboration and IP rights, copyright and public art, image licensing in the digital age, antitrust and SEPs, and a critique of the Andy Warhol Foundation decision.

Fireside Chat
On April 14, C-IP² and George Mason University’s Arts Management Program co-hosted a fireside chat, Beyond the Notes with Maria Schneider – A Conversation about Respecting Artist Rights, with GRAMMY Award-winning composer Maria Schneider and Prof. Sandra Aistars as part of Ms. Schneider’s activities as an Artist-in-Residence with Mason’s Center for the Arts. You can read about the event on C-IP²’s blog.

Webinar
On April 26, C-IP² co-hosted a World IP Day webinar with Information Technology & Innovation Foundation (ITIF), Geneva Network, Hudson Institute, Property Rights Alliance, and the U.S. Chamber of Commerce entitled IP Stories: Innovating for a Better Future in which a panel of young professionals across a variety of IP-intensive sectors spoke about IP in their industries. A recording of the panel is available here. (The event was also mentioned on the website Songpreneurs.)

Academic Roundtable
On April 28-29, C-IP² hosted an academic copyright roundtable in Oceanside, California, that focused on Ensuring Diversity and Inclusivity in Copyright. The event was led by Prof. Sandra Aistars, who was joined by a group of academics and industry professionals to examine historical critiques of access to the copyright system, to think proactively about how to address such critiques in a way that will ensure a robust copyright regime, and to discuss how to improve access to IP protections for all rights holders.

Visiting Speaker Event
On May 4, C-IP² hosted an in-person talk with technology executive, attorney, and investor Andrew Byrnes entitled “From Great Ideas to Global Impact: A Talk with Andrew Byrne.” Mr. Byrnes discussed the path from developing innovative ideas to achieving broad impact, including key legal issues and business imperatives. Leveraging experiences from his decades-long career in the private and public sectors working alongside innovators and entrepreneurs, Byrnes offered insights on leadership, building high-functioning teams, engaging policymakers, and other critical stakeholders, and navigating existing and emerging regulatory regimes and challenges. (Event also mentioned in the Center for Innovation and Entrepreneurship’s Summer Semester 2022 Newsletter)

News and Speaking Engagements

We are pleased to welcome and announce the academics who have joined C-IP² over the course of March through May 2022 as Scholars: Dr. Bowman Heiden and Professor Toshiko Takenaka.

Dr. Bowman Heiden, along with co-authors Drs. Rudd Peters and Igor Nikolic, posted their book chapter “Designing SEP Licensing Negotiation Groups to Reduce Patent Holdout in 5G/IoT Markets,” which is part of the upcoming book project 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, co-edited by Professors Jonathan Barnett and Sean O’Connor.

The virtual 7th Annual Advanced Patent Law Institute was co-hosted by George Mason University Antonin Scalia Law School and the University of Texas School of Law on March 15-17, 2022. Included among the planning committee and speakers were C-IP² Advisory Board Members the Hon. Paul Michel and Mr. David J. Kappos; Senior Scholar Prof, John F. Duffy; and Scholar Prof. Dmitry Karshtedt.

Several C-IP² affiliates—including the Hon. Paul Michel (ret.), Prof. Chris Holman, Prof. Erika Lietzan, and Prof. Kristen Osenga—signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act.

IP at Scalia Law – In the new U.S. News Rankings, Antonin Scalia Law School’s Intellectual Property subject area is now ranked as a Top 20 IP program.

Mason Gold – C-IP² congratulates George Mason University on its 50th birthday, which the university celebrated on Thursday, April 7!

Changes to Mason in Arlington, Virginia, home of Antonin Scalia Law School – On April 6, the groundbreaking ceremony was held for Fuse at Mason Square (formerly the Arlington Campus). Read more about Mason’s future plans in Arlington at Virginia Business and ARLnow.

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)

• • From March 24-25, participated as a Fellow during the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
  • On March 30, participated as a panelist for the webinar “My AI Wrote This; Can I Get a Copyright?,” which was hosted by ACT | The App Association (to learn more and to view a recording of the panel, please click here)
  • From March 31-April 1, served as a paper commentator for the Law & Economics Center’s Research Roundtable, The Data-Competition Interface
  • Organized and hosted an online discussion with Dr. Ryan Abbott, Attorney of Record for the claimant seeking to register A Recent Entrance to Paradise, the visual artwork of an AI, unassisted by a human, for copyright protection with the United States Copyright Office, examining the legal and policy implications of the Office’s refusal to register on March 17, 2022. A recording of the event can be found here, and please also see this C-IP² blog post by Prof. Aistars about the event.
  • Organized and supervised clinic student participation in a virtual April 12 event entitled Protest and Political Art: What Does the Law Allow? Co-hosted by the Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA), the event featured photographer and documentarian Michele McMahon and included an audience Q&A. The students presented legal information concerning copyright, right of publicity, privacy, and other related issues implicated by covering protest marches and licensing images for commercial use.
  • Organized and participated in the April 14 fireside chat with GRAMMY Award-winning composer Maria Schneider
  • On April 22, spoke on a panel at the Fordham 29^th Annual IP Conference
  • Organized and participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP² hosted in California from April 28-29
  • On May 9, attended the Association of American Publishers (AAP) 2022 Annual General Meeting

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

• • Was co-lead author with Prof. Adam Mossoff for regulatory submission Response to Call for Views on Standard-Essential Patents and Innovation, which was submitted to United Kingdom Intellectual Property Office on March 1
  • On April 5, spoke on the panel “Competition and Intellectual Property: How to Create a Diverse Innovation Ecosystem?” at LeadershIP 2022 in Washington, D.C.
  • Was quoted in an April 7 IPWatchdog article by Eileen McDermott entitled “O’Malley, Kappos, Michel and Other Experts Debate How Anti-IP Narratives are Threatening U.S. National Security”
  • On April 21, spoke at EUI Florence School of Regulation Standard Essential Patents: The Evolving Framework conference
  • On May 9, with Prof. Adam Mossoff, submitted a comment to the EU Commission regarding SEPs. The signees included by C-IP² Faculty Director Sean O’Connor; C-IP² Board of Advisors members Bowman Heiden, the Honorable Andrei Iancu, the Honorable David Kappos, the Honorable Judge Paul Michel, and the Honorable Judge Randall Rader; C-IP² Senior Scholar Kristen Osenga; and Scalia Law professors the Honorable Joshua Wright and John Yun. (Click here to read the comments; click here to read the related May 17 IPWatchdog post by Steve Brachmann.)

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

• • From March 9-10, participated in the USPTO Patent Advisory Committee Public Meeting
  • Participated in the Leahy Institute of Advanced Patent Studies, the 77^th Annual Conference by the Naples Roundtable, which was held online from March 16-18
  • On April 5, attended the ABA-IPL Section Leadership Dinner
  • On April 26, attended the AI Committee Meeting, Administrative Conference of the United States

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

• • On March 4, spoke on a panel on CASE Act Implementation as part of IIPSJ’s 19th Annual IP and Social Justice CLE Seminar
  • Quoted in the March 24 Bloomberg Law article “Copyright Small Claims Board’s Initial Procedures Finalized (1)” by Riddhi Setty
  • Spoke on the panel entitled “CASE Act Implementation” as part of the Institute for Intellectual Property & Social Justice’s (IIPSJ’s) 19th Annual IP and Social Justice CLE Seminar
  • Mentored clinic students participating in a virtual April 12 event entitled Protest and Political Art: What Does the Law Allow?, which was co-hosted by the Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA).
  • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP² hosted in California from April 28-29
  • On May 16, spoke on a panel organized by The Copyright Alliance and Texas Accountants and Lawyers for the Arts (TALA), in partnership with the American Society of Media Photographers (ASMP). The panel, Learn About the Copyright Claims Board (CCB), served to answer attendee questions about the origins and purpose of the CCB. A recording of the panel is available here.
  • Was quoted in the May 24 LegalDive article on “Copyright Board launch will simplify infringement claims” by Robert Freedman
  • Was quoted in the May 25 Bloomberg Law article on “Patent Small Claims Pitch, Long Dormant, Revived by Agency” by Riddhi Setty

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

• • In March 2022, latest Resolution Alley column, entitled “Handling Seemingly Irreconcilable Expert Opinions,” 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)
  • On March 2, gave a presentation to the Allegheny County Bar Association ADR Committee on “Key Issues and Considerations for Conducting Remote Mediations”
  • On March 9, gave a presentation to the American Arbitration Association’s West Coast Roundtable entitled “Do You Know When and How an Arbitrator Can Issue a Third-Party Discovery Subpoena?”
  • On March 14, was a panelist on a program entitled “ADR Ethics and Inclusion – How We Can Do Better,” which was sponsored by the New York State Bar Association Commercial and Federal Litigation Section
  • On March 28, gave a guest lecture in Joan Stearns Johnsen’s Mediation Advocacy class at the University of Florida Levin College of Law
  • On March 28, served as a facilitator for a Commercial and Employment Law Practice Group (for mediators) sponsored by the Association of Conflict Resolution of Greater New York
  • On April 18 and April 28, 2022, trained a group of mediators on “Remote Mediation Using Zoom” and “Ethics Issues and Standards of Conduct” for the New Jersey Institute for Continuing Legal Education
  • On April 19, 2022, gave a guest lecture in Norman Feit’s Commercial Litigation Drafting and Mediation class at Fordham University School of Law
  • On May 3, gave a presentation to the ABA Section of Dispute Resolution’s Early Dispute Resolution Committee on “A New Way to Deliver the Mediator’s Proposal”
  • On May 18, participated in a panel presentation given at the New Jersey State Bar Association’s Annual Meeting in Atlantic City entitled “Practical Tips to Enhance the Mediation Process” (click here for more information)
  • On May 19, spoke on a panel hosted by the International Institute for Conflict Prevention and Resolution entitled “When to Consider Mediation and How to Identify Opportunities for Settlement” (click here for more information)
  • On May 24, spoke on a virtual program hosted by the New York City Bar Association entitled “Adding Mediating to Your Career: How to Get Started in 2022”

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

• • From March 24-25, participated in the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship

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 speaker and on the planning committee for the 7th Annual Advanced Patent Law Institute, which was co-hosted virtually by George Mason University Antonin Scalia Law School and the University of Texas School of Law on March 15-17
  • From March 24-25, served as a Distinguished Commentator during the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship

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

• • On April 22, spoke on a panel on “Technology, Regulation, and Economic Development” at the State Level Issues in Technology, Regulation, and Economic Development conference, which was hosted by the Nebraska Governance and Technology Center
  • In May, became a Visiting Scholar at University of Texas at Austin McCombs School of Business 

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

• • In March, served as a panelist for the Dean’s Roundtable, Master of Jurisprudence Consortium Conference, University of Arizona
  • On March 25, presented “AI Goes to War: From Alexa to Terminator – How to Assure Corporate Accountability for Algorithmic and Autonomous Machine Atrocities in Cyberwarfare” at the Law Review Symposium on Artificial Intelligence and the Law at the Northern Kentucky University Salmon P. Chase College of Law
  • On April 26, presented on “Cyberfog: The use of AI, Bots, and Synthetic Media in International Conflicts and Terrorism” at the 62^nd CICA International Conference on Security, Threads for Peace and Security: Asia vs West, at Universidad Nebrija, Madrid Spain
  • Was mentioned in an April 29 MENAFN article entitled “UNH Franklin Pierce School Of Law Hosts Intellectual Property Summer Institute (IPSI)”

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

• • Joined C-IP² as a Scholar in March 2022
  • On April 21, spoke at EUI Florence School of Regulation Standard Essential Patents: The Evolving Framework conference

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

• • Signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act
  • Was featured in the April 6 Patently-O post “Welcome Prof. Chris Holman”

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

• • Was mentioned in a March 4 IPWatchdog post entitled “Referencing Science Fiction: An Ode to (Slightly) Livening Up Patents” by Trenton Morton, as well as in a March 4 article in The Shepherd of the Hills Gazette entitled “An Ode To (Slightly) Livening Up Patents” by Sammy Edwards

Dmitry Karshtedt (C-IP² Scholar; Associate Professor of Law, The George Washington University Law School)

• • From March 11-28, taught a U.S. patent law course for associates and technical advisors at Licks Attorneys, a law firm in Rio de Janeiro, Brazil
  • Served as a speaker and on the planning committee for the 7th Annual Advanced Patent Law Institute, which was co-hosted virtually by George Mason University Antonin Scalia Law School and the University of Texas School of Law on March 15-17, 2022; on March 15, participated in the written description panel at the Institute
  • On March 18, presented in-progress paper on Adversarial Patents and Pharmaceutical Examination at Universidad do Estado do Rio De Janeiro
  • Mentioned in a March 18 article on Bloomberg Law by Samantha Handler entitled “Biogen’s Rehearing Denial Lays New Hurdles for Pharma Patents”
  • On March 29, spoke on comparative patent law issues at Universidad del Salvador in Buenos Aires
  • On April 12, organized and participated in a panel of Court of Federal Claims judges at the Giles Rich Inn of Court meeting in Washington, D.C.
  • On April 29, spoke on a panel at Stanford Law School during the Use Your Discretion: Changing Standards PTAB conference

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

• • Participated in an April 8 Federalist Society teleforum on Securing Innovation: How Patent Law Shapes U.S. National and Economic Security 

Joshua Kresh (C-IP² Managing Director)

• • Participated in the March 24-25 initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
  • On April 4, attended LeadershIP 2022 in Washington, D.C.
  • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP² hosted in California from April 28-29
  • On May 5, joined PhRMA in attending the National Inventors Hall of Fame annual induction event
  • On May 17-19, coordinated a session at the AIPLA Spring Meeting in New Orleans, LA

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

• • On April 7, gave a presentation on “Repositioning generic drugs: empirical realities” at the Innovation Policy Colloquium organized by Professors Rochelle Dreyfuss and Katherine Strandburg at New York University School of Law
  • On April 8, gave a presentation on “A future for generic drug repurposing” at The evolution of the public health and biomedical innovation, organized by the Cambridge University Science and Policy Exchange (CUSPE)
  • On April 25, gave a presentation on “Repositioning for rare diseases: Too much, too little or just right?” at a webinar organized by the Nordic Intellectual Property Law Review
  • On April 28, hosted a talk by Rochelle Dreyfuss on “ISDS and Intellectual Property in 2020 – Protecting Public Health in the Age of Pandemics” at a CIPIL Evening Seminar, organized by the Centre for Intellectual Property and Information Law, University of Cambridge (for a recording of Prof. Dreyfuss’s talk, please click here) 

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

• • Signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act
  • Participated in an April 15 Hudson Institute virtual panel on “Drug Patents and Evidence-Based Policymaking in Patent Law”

Daryl Lim (C-IP² Senior Scholar; Professor of Law and the Director of the Center for Intellectual Property (IP), Information & Privacy Law, University of Illinois Chicago School of Law)

• • Served as moderator for “Beyond Geopolitics – Contending with US-China Intellectual Property Relations for Fair Gains” at the 36th Marcus Evans IP Law Summit on March 27-29, 2022, in New Orleans, Louisiana
  • Served a moderator and co-convener with George Washington University Law School for Music Copyright Infringement: Global Perspectives Virtual Conference on March 18, 2022
  • Participated as a discussant at a virtual roundtable on “Blockchain + Antitrust: The Decentralization Formula” hosted by the Classical Liberal Institute at the NYU School of Law on March 11, 2022
  • On March 10, participated virtually as a panelist on “Digital Health Data, Privacy, and Antitrust” for a symposium co-hosted by the DePaul University College of Law Mary and Michael Jaharis Health Law Institute and Center for Intellectual Property Law & Information Technology

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)

• • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP² hosted in California from April 28-29

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

• • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP² hosted in California from April 28-29

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

• • On May 6, participated in a roundtable on “Challenges and Opportunities in the Creative Industries: The Good, the Bad, & the Ugly” hosted by Hudson Institute
  • On May 18, the American Law Institute adopted Prof, Newman’s restatement draft (click here for more details; click here to watch Prof. Newman discussing his project in 2020)

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

• • On March 11, delivered a lecture on NFTs at the DX ARTS program at the University of Washington
  • From March 24-25, participated in the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
  • On April 1, spoke at a University of Oregon symposium regarding his new book project, The Means of Innovation: Creation, Control, and a New Method+ology, summarizing arguments that innovation can be better understood when classed into three categories of art, science, and law, each used in an older, broader sense. In turn, these contain nested sets of methods ranging in degrees of abstraction from concepts or dispositions down to specific algorithmic methods.
  • On April 7, taught a session on “Government Policy over Public Funds in Supporting Innovations” as part of the WIPO-WTO Advanced Course on Topical IP Policy Issues, which ran from March 28-April 8
  • Cited in an April 13 post on Patently-O on “The Corporation as an Inventive Artificial Intelligence” by Dennis Crouch
  • On April 21, presented “In the Court of TikTok: Are Fan Mashups That Call Out Copying Changing Music Writing Credits?”, a project with Mary Catherine Amerine (Shearman & Sterling, and current Edison Fellow) during a panel at the Emily C. & John E. Hansen Intellectual Property Institute’s 29^th Annual IP Conference
  • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP² hosted in California from April 28-29
  • In May, participated with Lateef Mtima (Howard University School of Law; IIPSJ) and Lita Rosario, Esq. (WYZ Girl Entertainment Consulting) in a virtual panel on IP and social justice hosted by the Practicing Law Institute
  • On May 5, performed vocal, guitar, and harmonica with Jon Knight 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
  • In May, served as a speaker and group moderator for the WIPO Advanced Training Course on Intellectual Property (IP), Technology Transfer and Licensing for Caribbean Countries, organized by the World Intellectual Property Organization (WIPO). Moderated sessions were on the themes “From Public Research to Private Initiative (Private Public Partnership),” “Cooperation between Intellectual Property Offices (IPOs) and Technology Transfer Offices (TTOs),” “How to create and Fund Technology Clusters,” and “Understanding and Drafting University IP Policies covering Faculty, Staff, and students.”

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

• • Signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act
  • Signed an amicus brief in the case Epic Games, Inc. v. Apple Inc.
  • On April 6, spoke on a panel on “Agency Approaches to the Antitrust-Intellectual Property Interface Under the Biden Administration” at the 2022 ABA-IPL Section Annual Meeting
  • On April 6, was cited by in a MLex article by Khushita Vasant: “[Jennifer] Dixton was responding to comments by Kristen Osenga of the University of Richmond that a new draft policy statement concerning SEPs to promote good-faith licensing negotiations is tilted in favor of patent users as it prohibited patentholders from seeking injunctions. The draft also addresses the scope of remedies available to patentholders that have agreed to license their SEPs on fair, reasonable and non-discriminatory, or Frand, terms”
  • On April 20, gave the 2022 Gene and Katy Simonds Lectureship in Democracy lecture entitled “The Intersection of Antitrust and IP: Stay in your lane!” at Southern Illinois University School of Law
  • On April 20, spoke on a virtual panel, Understanding Draft Standard-Patent Policy, which was hosted by the Hudson Institute
  • Participated in the UNH Franklin Pierce School of Law’s April 24-26 Spring Summit, “Exploring Intersections,” on FRAND and SEP issues, and joined on the World IP Day panel on IP and innovation (click here to view a recording of the panel)

Eric Priest (C-IP² Senior Scholar; Associate Professor, University of Oregon School of Law)

• • On March 14, 21, and 28, made guest appearances on three episodes of the Ask a Lawyer podcast with Blaine Clooten discussing trademark law, copyright law, and right of publicity, respectively (“What is a Trademark?,” “What is a Copyright?,” “Copyrights/Right of Publicity”)
  • On April 8, served as moderator during the 2022 Santa Clara Journal of International Law Annual Symposium on the theme “China and the Reshaping of the International Legal Order”

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 March 2, spoke on a webinar hosted by Geneva Network on “The role of intellectual property rights in preparing for future pandemics”
  • From March 24-25, served as a Distinguished Commentator during the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
  • Organized and spoke at the March 28 University of Akron School of Law’s 24th Annual Symposium on Intellectual Property Law and Policy
  • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP² hosted in California from April 28-29

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

• • On April 1, presented her 2021-2022 Edison Fellowship article, An Empirical Look at the Patent Trial and Appeal Board, at the annual PATCON seminar at Boston College Law School
  • Presented a new article on “An Empirical Analysis of Patent Law and Venue” at the Benjamin N. Cardozo School of Law’s May 19-20 Seventh Annual Civil Procedure workshop for all civil procedure professors
  • Was quoted in the May 25 Bloomberg Law article “Patent Small Claims Pitch, Long Dormant, Revived by Agency” by Riddhi Setty

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

• • Mentored clinic students participating in a virtual April 12 event entitled Protest and Political Art: What Does the Law Allow?, which was co-hosted by the Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA).

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

• • Joined C-IP² as a Scholar in April 2022

Scholarship & Other Writings

Mateo Aboy, Kathleen Liddell, Matthew Jordan, Cristina Crespo, and Johnathon Liddicoat, European patent protection for medical uses of known products and drug repurposing (2022) 40 Nature Biotechnology 465

Sandra Aistars, Paradise Rejected: A Conversation about AI and Authorship with Dr. Ryan Abbott, C-IP² Blog (March 23, 2022)*
*Includes an April 6, 2022, response to Dr. Ryan Abbot by David Newhoff, “In Opposition to Copyright Protection for AI Works”

Jonathan M. Barnett, The Economic Case Against Licensing Negotiating Groups in the Internet of Things, Journal of Antitrust Enforcement (2022)

Jonathan M. Barnett, The “License as Tax” Fallacy, 28 Michigan Technology Law Review 197 (2022)

Jonathan M. Barnett, The Market Challenge to Populist Antitrust, Truth on the Market (May 17, 2022)

Jonathan Barnett, Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking Initiative (March 28, 2022). Forthcoming in FTC’s Rulemaking Authority (Concurrences 2022)

Jon M. Garon, Legal Implications of a Ubiquitous Metaverse and a Web3 Future (January 3, 2022)

Jon M. Garon, Parenting for the Digital Generation – The Parent’s Guide to Digital Education and the Online Environment (Rowman & Littlefield 2022)

Jon M. Garon, Towards a Conceptual Framework of Entertainment Law for the Twenty-First Century, 102 J. Pat. & Trademark Off. Soc’y 203 (2022)

Thomas Grant & Scott Kieff, Attorneys Can Promote Trade, Security Amid Global Conflict, Law360 (April 13, 2022)

Chris Holman, The Definiteness Implications of Using “Examples” to Define Claim Terms, Patently-O (April 7, 2022)

Chris Holman, Induced Infringement and the Section 286 Statute of Limitations, Patently-O (April 10, 2022)

Scott Kieff and Thomas Grant, The ITC’s Crucial Role in Countering Russia’s Aggression, Law360 (March 18, 2022)

Scott Kieff & Thomas D. Grant, It’s time for America’s trade umpire to cry foul against Russia’s aggression, The Hill (March 19, 2022)

Daryl Lim, AI, Equality, and the IP Gap, Southern Methodist University Law Review (Forthcoming 2022)

Daryl Lim, Antitrust’s AI Revolution, Tennessee Law Review (Forthcoming 2022)

Daryl Lim, Confusion, Simplified, Berkeley Technology Law Journal (Forthcoming 2022)

Daryl Lim, Trademark Confusion Revealed: An Empirical Analysis, 71 American University Law Review 1285 (2022)

Jennifer Mascott and John Fitzgerald Duffy, Executive Decisions After Arthrex (March 10, 2022). Supreme Court Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 22-10

Xuan-Thao Nguyen, Danielle M. Conway, Lateef Mtima, Willajeanne F. McLean, and Emily Michiko Morris, Transnational Intellectual Property Law (West Acad. Publ’g 2d ed. 2022)

Kristen Jakobsen Osenga (2022) “Efficient” Infringement and Other Lies, Seton Hall Law Review: Vol. 52: Issue 4, Article 4

Kristen Osenga, Protecting Our Nation’s Back Doors: Improving Patent Policy for National Security, Hudson Institute (May 16, 2022)

Kristen Osenga, Two Lies and the Truth About the 2021 Draft SEP Licensing Policy, RealClear Policy (May 18, 2022)

Sean A. Pager & Eric Priest, The Chinese Copyright Dream, 49 Pepperdine Law Review 733 (2022)

Yogesh Pai and Prashant Reddy T, View: The vaccine patent waiver wavers, The Economic Times (March 20, 2022)

Ruud Peters, Igor Nikolic, and Bowman Heiden, “Designing SEP Licensing Negotiation Groups to Reduce Patent Holdout in 5G/IoT Markets” (March 1, 2022). Forthcoming in 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things (eds. Jonathan M. Barnett and Sean M. O’Connor, Cambridge University Press 2022)

Eric Priest, An Entrepreneurship Theory of Copyright, 36 Berkeley Technology Law Journal 737 (2022)

Molly Stech, Co-Authorship Between Photographers and Portrait Subjects (Jan 1, 2022). Vanderbilt Journal of Entertainment & Technology Law, Vol. 25, 2022

Molly Stech, Photography, Portrait Subjects, and Copyright Law, C-IP² Blog (March 14, 2022)

Sabren H. Wahdan, Recap of the Supreme Court’s Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., C-IP² Blog (March 15, 2022)