C-IP2 2021 Fall Progress Report (June-August 2021)

Greetings from C-IP2 Faculty Director Sean O’Connor

Now that fall has officially begun, C-IP2 is wrapping up the summer with our Fall Progress Report for 2021 covering activities June through August. This is also our first progress report under our new name, since we rebranded on July 1 as the Center for Intellectual Property x Innovation Policy (C-IP2, also: C-IP2), formerly the Center for the Protection of Intellectual Property (CPIP).

    • Some of this summer’s highlights include the fourth iteration of the WIPO U.S. Summer School on Intellectual Property and a panel discussion on Vaccines, Intellectual Property, and Global Equity, co-hosted with the Lemelson Center for the Study of Invention and Innovation at the Smithsonian National Museum of American History. We are proud to organize and host the only WIPO U.S. summer school in the world. Both events were hosted virtually for a second year running, but we look forward to moving them in person again next year.
    • We also had some exciting changes in staff and affiliates. Joshua Kresh was promoted to Managing Director in August and we expanded our affiliates to include our first Jurist in Residence, Chief Judge Susan Braden, U.S. Court of Federal Claims (ret.), and Practitioners in Residence Terrica Carrington, Copyright Alliance, and David Grossman, Senior Director of Technology Transfer and Industry Collaboration, George Mason University, as well as new affiliate scholars Professors John F. Duffy, University of Virginia School of Law; Tabrez Ebrahim, California Western School of Law; Camilla A. Hrdy, University of Akron School of Law; Dmitry Karshtedt, The George Washington University Law School; F. Scott Kieff, The George Washington University Law School; Emily Michiko Morris, University of Akron School of Law; Christopher M. Newman, George Mason University Antonin Scalia Law School; and Yogesh Pai, National Law University Delhi.

Keep an eye on our website or sign up for our News & Events mailing list to learn about upcoming fall events. Hope to see you at upcoming event, such as our Annual Conference on AI & IP in October featuring a fireside chat with Jaron Lanier and Grimes!


C-IP2 Hosted & Co-Hosted Events

C-IP2 proudly partnered with the World Intellectual Property Organization (WIPO) to host the fourth iteration of the only WIPO-U.S. Summer School on Intellectual Property in the world from June 1-12. This two-week summer course was held online due to COVID, but that format enabled a wider range of participants to attend. While we hope to return to in person next year to take advantage of our location in Arlington, Virginia—just minutes from Washington, D.C., one of the world’s key centers of IP law and policymaking—we may include a hybrid component to facilitate access among participants who cannot travel to the U.S.. Among the instructors this year were several C-IP2 directors, scholars, and affiliates: Sandra Aistars, Jonathan Barnett, Chief Judge Susan G. Braden (ret.), Christopher Holman, Joshua Kresh, Hina Mehta, Christopher Newman, Sean O’Connor, Kristen Osenga, Eric Priest, and Mark Schultz. You can read more about the event here.

As part of the Summer School, C-IP2 co-hosted a panel on “Vaccines, Intellectual Property, and Global Equity” with the Lemelson Center for the Study of Invention and Innovation at the Smithsonian, following a presentation on the history of vaccines by Lemelson Director Arthur Daemmrich. Moderated by C-IP2 Faculty Director Professor Sean O’Connor, the panel featured speakers Eric Aaronson (Senior Vice President and Chief Counsel, Intellectual Property, Pfizer Inc.), Dan Laster (Director, Washington State COVID-19 Vaccine Action Command and Coordination System (VACCS) Center), and Dr. Arti K. Rai (Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy). A recording of the panel is available here.


News & Speaking Engagements

On June 17, George Mason University’s President, Dr. Gregory Washington, took part in a fireside chat about technology and innovation at Mason’s Arlington campus, including the new Institution for InnovAtion (IDIA). Later, on July 30, Virginia Business published an article, “George Mason aims to produce nearly 16,000 high-tech workers,” focusing on the University’s Arlington Campus, plans for its new building, and Mason’s Institute for Digital InnovAtion (IDIA) and School of Computing. Professor Sean O’Connor’s Innovation Law Clinic and Professor Sandra Aistars’ Arts & Entertainment Advocacy Clinic will be housed in the IDIA space and working amid these exciting developments. Professor O’Connor serves on the Advisory Council for IDIA and on the Planning Committee for the Arlington Innovation Pilot project which includes the new building going up on the Arlington Campus. He works closely with Mason Associate Dean for Strategic Initiatives and Community Engagement Liza Wilson Durant and Associate Vice President of Innovation and Economic Development Paula Sorrell, both of whom are cited in July article.

In June, C-IP2 welcomed Professors Tabrez Ebrahim and Emily Michiko Morris as Scholars.

On July 1, our center––formerly the Center for the Protection of Intellectual Property (CPIP)––announced that we would be changing our name to the Center for Intellectual Property x Innovation Property (C-IP2, also: C-IP2; pronounced “sip-squared” or “Center for Intellectual Property by Innovation Policy”). C-IP2 produces 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 do so by promoting a diverse set of perspectives and voices to present a fuller picture than that of the dominant legal academic literature on the role of IP and other legal mechanisms to transform great ideas into useful or aesthetic artifacts and activities. Find us on the web at cip2.gmu.edu, on Twitter @CIP2GMU, or on LinkedIn here.

This summer, Tomás Gómez-Arostegui, a 2019-2020 Edison Fellow, along with co-author Sean Bottomly, finalized an article for the Fellowship, The Traditional Burdens for Final Injunctions in Patent Cases c.1789 and Some Modern Implications. The article was originally published in 2020 in the Case Western Reserve Law Review and can be found on SSRN at the link above. Tomás is the Kay Kitagawa & Andy Johnson-Laird IP Faculty Scholar and Professor of Law at Lewis & Clark Law School.

In July, C-IP2 welcomed Professors John F. Duffy and F. Scott Kieff as Senior Scholars and Professors Dmitry Karshtedt and Yogesh Pai as Scholars.

This July, Gerardo Con Diaz’s Edison paper from his 2019-2020 participation in the Edison Fellowship, Patent Law and the Materiality of Inventions in the California Oil Industry: The Story of Halliburton v. Walker, 1935-1946, was published by Cambridge University Press. Con is an Associate Professor at UC Davis and a historian of digital law.

We are pleased to announce that, as of August 1, 2021, the Innovation Law Clinic has been accepted into the USPTO’s Clinic Certification Program. Many thanks to the USPTO and to Dale Lazar of Scalia Law, Randy Noranbrock and Thomas Auchterlonie of Hauptman Ham, and Raj Davé of Davé Law Group for their help in the process. We are fortunate to have such excellent support from our alumni and community.

In August, C-IP2 welcomed Chief Judge Susan G. Braden (Ret.) as our first Jurist in Residence. Judge Braden retired from the United States Court of Federal Claims in 2019 after serving for 16 years, including her time as the Chief Judge. Following her retirement, in addition to joining C-IP2, Judge Braden is serving on the USPTO’s Private Patent Advisory Committee, the Administrative Conference of the U.S., the Advisory Board of the Washington Legal Foundation, and the Board of Directors of the United Inventors Association, as well as on the boards of several other organizations. We look forward to continuing to work with Judge Braden on future projects, including an upcoming law review article that she is co-authoring with C-IP2 Faculty Director Professor Sean O’Connor.

In August, C-IP2 also welcomed Professors Camilla A. Hrdy and Christopher M. Newman as Scholars and Terrica Carrington, David Grossman, and Hina Mehta as Practitioners in Residence.

In August, C-IP2 announced the promotion of Deputy Director Joshua Kresh to Managing Director. Even as Joshua was C-IP2’s first “virtual hire” due to COVID-19, he successfully integrated with the team and has proved invaluable in C-IP2’s ability to not only maintain existing operations, but also advance new initiatives. “Joshua has exceeded my expectations for his position in C-IP2 and as we begin a new academic year it is only fitting to recognize formally the role he has been playing in leading our team,” said C-IP2 Faculty Director Sean O’Connor. In this new position, Joshua will be the primary point of contact for C-IP2, lead day-to-day operations, and manage staff. To reach Joshua, please see his profile page on C-IP2’s website.

Antonin Scalia Law School started a new semester on Monday, August 23 and welcomed 259 incoming First Year JD students, as well as 19 new residential LLMs, 37 online LLMs, 12 JM students, and 29 transfer students. This fall, C-IP2’s Professors Sean O’Connor and Sandra Aistars are again leading the Innovation Law Clinic and the Arts & Entertainment Advocacy, respectively.

The USCO Sovereign Immunity report was released in August 2021 and acknowledged the helpful work of the Arts and Entertainment Advocacy Clinic. Register of Copyrights and Director, Shira Perlmutter stated, “I am also grateful to the Arts & Entertainment Advocacy Clinic at the Antonin Scalia Law School. Led by Sandra Aistars, Senior Fellow for Copyright Research and Policy and a Senior Scholar at the Law School’s Center for Intellectual Property x Innovation Policy, and adjunct professor Stephanie Semler, law students Michaela Cloutier, Jacob Hopkins, Kyle Maxey, Gina McKlveen, Laura Quesada, and Austin Shaffer worked diligently to review evidence of state infringement submitted by parties in furtherance of this report. I appreciate their thoughtful contributions.”

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

    • Spoke about IP and trade agreements, including the proposed TRIPS waiver, at Biocom California’s Q2 IP Committee virtual meeting on June 10
    • During the 2021 WIPO-U.S. Summer School of IP, taught the session on “Fundamentals of Copyright,” moderated the panel on “Copyright in the Creative Industries,” and held a fireside chat with Shira Perlmutter, Register of Copyrights and Director of the United States Copyright Office. She also held an IP “Office Hours” session for students with Prof. O’Connor and Joshua Kresh.

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

    • During the 2021 WIPO-U.S. Summer School of IP, taught the session titled “Overview and Economics of Intellectual Property”
    • Quoted in a June 30 article on LATimes.com, “Elizabeth Warren calls for more scrutiny of Amazon-MGM deal.”
    • Cited in a July 19 article by Law360.com, “FTC Should Take Nuanced Approach on Noncompete Regs”

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

    • Was a guest speaker for IPWatchdog’s Patent Masters™ Litigation 2021 on Wednesday, June 9, 2021
    • During the 2021 WIPO-U.S. Summer School of IP, co-taught the session titled “Enforcing Right: U.S. Patent Litigation” with C-IP2 Managing Director Joshua Kresh
    • Joined C-IP2 as a Juror in Residence in August
    • In August, continued to work on an article with Professor Sean M. O’Connor discussing why Section 1498 is not a “license” for the federal government to infringe patents and thus cannot be used to lower drug prices
    • In August, attended the USPTO Private Patent Advisory Committee (PPAC) PTAB Subcommittee meeting, Executive Meeting of the USPTO’s PPAC, and the Public Meeting of the USPTO’s PPAC

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

    • On July 29, was appointed as a trustee of the Copyright Society of the USA (CSUSA)
    • Joined C-IP2 as a Practitioner in Residence in August

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

    • Quoted in a July 8 blog on The Beacon, “Protecting Intellectual Property Rights Will Save Lives Now and in the Future.”

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)

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

    • Joined C-IP2 as a Scholar in June
    • As part of the 2021 Southeastern Association of Law Schools (SEALS) Conference, gave a presentation on Datafication at the Patent Office during a discussion group on “New Perspectives in Technology Law and Intellectual Property” on July 28, and on July 29, gave a presentation on Monitoring Corporate Cybersecurity & Data Privacy Risk during an intellectual property workshop on “Tensions Within Law & Technology”
    • Also gave a virtual presentation on Monitoring Corporate Cybersecurity & Data Privacy Risk to the Junior IP Scholars Association (JIPSA) in July
    • Organized and moderated the July 29 panel on “Emerging Digital Legal Issues for Businesses & Managers” at the 2021 Society for Business Ethics (SBE) Annual Conference
    • Joined C-IP2 as a Scholar in August
    • In August, named a 2021-2022 faculty fellow with the Nebraska Governance and Technology Center at University of Nebraska College of Law
    • Presented Monitoring Corporate Cybersecurity & Data Privacy Risk at Academy of Legal Studies in Business (ALSB) Annual Meeting, held virtually August 1-6, 2021.
    • Presented Datafication at the Patent Office at the 21st Annual IP Scholars Conference (IPSC), held virtually August 4-5, and 11-12, 2021.
    • Presented Monitoring Corporate Cybersecurity & Data Privacy Risk at Loyola Univ. Chicago School of Law: Prof. Charlotte Tschider’s Domestic Cybersecurity Law course, held virtually on Aug. 25, 2021.

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

    • Joined C-IP2 as a Practitioner in Residence in August

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

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

    • Joined C-IP2 as a Scholar in August

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

    • Joined C-IP2 as a Scholar in July
    • Quoted in a July 8 article by Law.com, “Patent Owners are Throwing in the Towel on Arthrex – With a Couple Exceptions”
    • Quoted in a July 21 article by MedCityNews., “Cost-cutting generics and biosimilars stuck in legal limbo”
    • On July 22, presented a paper, Volition and Intent in the Law of Direct Copyright Infringement, at the virtual Junior IP Scholars Association Workshop with Sean Pager
    • Started a visiting position at the University of Copenhagen’s Centre for Advanced Studies in Biomedical Innovation Law (CeBIL)
    • Co-presenter, United States v. Arthrex (with Alan B. Morrison & John M. Whealan) at the George Washington Law School Summer Wednesday Virtual Lunch Series, on July 28.
    • On August 4, presented a paper, Volition and Intent in the Law of Direct Copyright Infringement, at the virtual 21st Annual Intellectual Property Scholars Conference with Sean Pager
    • Quoted in an August 6 article by Bloomberg Law, “Teva ‘Skinny Label’ Ruling Comes Amid Lawmaker Drug Cost Fight”
    • On August 26, discussed the fate of genus claiming in patent law at an LSPN Connect webinar organized by Newton Media and World IP Review

The Honorable F. Scott Kieff (C-IP2 Senior Scholar; Fred C. Stevenson Research Professor, The George Washington University Law School; Former Commissioner, U.S. International Trade Commission)

    • Joined C-IP2 as a Senior Scholar in July

Joshua Kresh (C-IP2 Managing Director)

    • During the 2021 WIPO-U.S. Summer School on IP, he moderated the panel on “The Role of IP Institutions in the Global IP System” and co-taught the session titled “Enforcing Right: U.S. Patent Litigation” with Judge Susan G. Braden. He also held an IP “Office Hours” session for students with Profs. Sean O’Connor and Sandra Aistars.
    • Promoted to C-IP2 Managing Director on August 25

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

    • Forthcoming University of Missouri School of Law Legal Studies Research Paper Ignoring Drug Trademarks to be published in the Wake Forest Law Review

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

    • Gave a webinar on research trends at George Mason University for the University of Bahrain’s Research Nights in May
    • During the 2021 WIPO-U.S. Summer School of IP, taught the session titled “Transfer of Technology and Licensing”
    • Was a panelist on “Innovation and Entrepreneurship Ecosystem” on July 16th at LEAD VA Class 2021, Northern VA Chamber of Commerce
    • Quoted in a July 28 GMU News article, “Mason’s Michael Buschmann and team at start-up AexeRNA Therapeutics Inc. pursue patents for improved COVID-19 vaccines”
    • Starting in August, continued affiliation with C-IP2 under new title of Practitioner in Residence
    • During August 2-4, volunteered an expert instructor for the virtual “Practical Negotiations Course” delivered by the Association of Technology Managers (AUTM)
    • In its August 26 newsletter, George Mason University’s Institute for Biohealth Innovation mentioned Hina Mehta and her team at Mason’s Office of Technology Transfer for an outstanding 2021 fiscal year, citing a number of invention disclosures and licenses

Emily Michiko Morris (C-IP2 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)

    • Joined C-IP2 as Scholar in June
    • On August 4, presented her forthcoming article, A Global Pandemic Remedy to Vaccine Nationalism (co-authored with Orit Fischman-Afori and Miriam Marcowitz-Bitton, Cornell Int’l L.J., forthcoming) at IPSC 2021 (virtual), sponsored by the Cardozo School of Law
    • On August 6, presented her current project on pharma-specific incentives to invest in R&D at the Inaugural Workshop for Asian American and Pacific Islander Women in the Legal Academy (virtual), sponsored by Penn State Law and Western New England School of Law

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

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

    • During the 2021 WIPO-U.S. Summer School of IP, taught the session titled “The Different Kinds of Property in Intellectual Property”; moderated the panel “Patents in the Innovation Industries”; held a fireside chat with Andrei Iancu, Former Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office; and moderated the panel “Vaccines, Intellectual Property, and Global Equity,” which was co-hosted with the Smithsonian’s Lemelson Center for the Study of Invention and Innovation. He also held an IP “Office Hours” session for students with Prof. Sandra Aistars and Joshua Kresh.
    • Taught on July 6 and July 7 during the WIPO-CEIPI-IP Advanced Course on IP, Technology Transfer and Licensing, which was held June 28-July 9

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

    • During the 2021 WIPO-U.S. Summer School of IP, taught the session titled “Fundamentals of U.S. Patent Law”
    • Spoke at the virtual conference Standards & Patents: Law and Litigation, which was held from July 14 through July 16
    • July 27 – New think piece in Competition Policy International’s (CPI) latest Antitrust Chronicle
    • On August 17, participated in a webinar on Arthrex for the Federalist Society Regulatory Transparency Project

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

    • Joined C-IP2 as a Scholar in July
    • On August 11, participated in a virtual panel discussion on “COVID-19’s Intellectual Property Rights (IPRs) Waiver: Will suspending IPRs bring COVID- 19 vaccines to Mexico and the world more rapidly?,” which was organized by the Geneva Network and Fundación IDEA, Mexico.

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

    • During the 2021 WIPO-U.S. Summer School of IP, taught the session on “Securing & Using Copyright Protection Globally”
    • Cited in a July 13 article by Law360.com, “ITC Already Has Authority Offered By Trade Secret Misuse Bill”

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)

    • During the 2021 WIPO-U.S. Summer School of IP, taught the sessions on “Fundamentals of Trade Secrets,” “Real World Value of Trade Secrets in a Global Innovation Economy,” and “Best Practices for Protecting Trade Secrets,” and moderated the panel titled “Trade Secrets in Global Business”
    • Earlier in 2021, was the drafting team co-lead on the Sedona Conference Framework for Analysis on Trade Secret Issues Across International Borders: Extraterritorial Reach (Sedona Conference 2021), which has been published for public comment and is available here, and in June, spoke about the project at the virtual 2021 Sedona Conference webinar for the Sedona Working Group 12 on Trade Secrets
    • On August 11, participated in a virtual panel discussion on “COVID-19’s Intellectual Property Rights (IPRs) Waiver: Will suspending IPRs bring COVID- 19 vaccines to Mexico and the world more rapidly?,” which was organized by the Geneva Network and Fundación IDEA, Mexico.

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)

    • Cited in a July 19 article by Law360.com, “FTC Should Take Nuanced Approach on Noncompete Regs”

Scholarship & Other Writings

Jonathan M. Barnett, Anti-innovation Policy, Center for Strategic & International Studies (June 4, 2021)

Jonathan M. Barnett, Christopher Beauchamp, Sean Bottomly, Gerardo Con Díaz, Alexander Galetovic, B. Zorina, Khan, Victor Menaldo, and Steven W. Usselman, The Battle over Patents: History and Politics of Innovation, ed. Stephen H. Haber and Naomi R. Lamoreaux (Oxford University Press 2021)

Jonathan M. Barnett, Going Back to Antitrust Basics, Truth on the Market (July 1, 2021)

Jonathan M. Barnett, “The Great Patent Grab,” in The Battle Over Patents: History and Politics of Innovation (ed. Stephen Haber and Naomi Lamoreaux, Oxford University Press 2021)

Jonathan M. Barnett, How IP Rights Keep Markets Free, Hudson Institute (June 9, 2021)

Jonathan M. Barnett and Ted Sichelman, The flawed case against noncompetes, The Hill (July 29, 2021)

Jonathan M. Barnett, Old Ideas and the New New Deal, Truth on the Market (Aug. 2, 2021)

Jonathan M. Barnett, Patent Groupthink Unravels, 34 No. 2 Harvard Journal of Law & Technology 420 (Spring 2021) [SSRN]

Jonathan M. Barnett, Startup Exit Strategies in the New Antitrust Era, Bloomberg Law (Aug. 11, 2021)

C-IP2 Staff, CPIP Second Quarter Progress Report (March-May 2021), C-IP2 Blog (June 29, 2021)

C-IP2 Staff, Panel Discussion: Vaccines, Intellectual Property, and Global Equity, C-IP2 Blog (July 6, 2021)

C-IP2 Staff, A View from Both Sides: COVID-19, the TRIPS Waiver, IP Rights, and How to Increase the Supply of Vaccines, C-IP2 Blog (June 22, 2021)

Eric Claeys, Covid-19 and Intellectual Property Rights, Law & Liberty (July 6, 2021)
Also: Eric Claeys, Covid-19 and Intellectual Property Rights, VBLSA (July 6, 2021)

Gerardo Con Diaz, Patent Law and the Materiality of Inventions in the California Oil Industry: The Story of Halliburton v. Walker, 1935-1946, Enterprise & Society 1-23 (July 29, 2021)

Tabrez Y. Ebrahim, Intellectual Property Through a Non-Western Lens: Patents in Islamic Law, 37 Georgia State University Law Review 789 (2021)

Joel B. Eisen and Kristen Jakobsen Osenga, “Smart Grid standards development and patent protection in the United States: striking the balance between dramatic overhaul of the electric grid and encouragement of innovation,” in Intellectual Property and Sustainable Markets, ed. Ole-Andreas Rognstad and Inger B. Ørstavik, (Edward Elgar Publishing, Inc., 2021), 188-205

Tómas Gómez-Arostegui and Sean Bottomley, The Traditional Burdens for Final Injunctions in Patent Cases c.1789 and Some Modern Implications (September 7, 2020), 71 Case Western Reserve Law Review 403 (2020)

Christopher M. Holman, The Federal Circuit Continues to Grapple with the Question of Patent Eligibility for Diagnostic Methods, 40 Biotechnology Law ­Report 151 (2021)

Mark David Janis and Ted M. Sichelman, “Chapter 1: The Patent and Its Claims,” in Patent Law: An Open-Source Casebook (Fall 2021)

Dmitry Karshtedt, Nonobviousness: Before and After (April 6, 2021), 106 Iowa Law Review 1609 (2021), GWU Legal Studies Research Paper No. 2021-25, GWU Law School Public Law Research Paper No. 2021-25

Jyh-An Lee and LiLi Yang, Viagra Did Not Work, but Michael Jordan Still Made It: Trademark Policy Toward the Translation of Foreign Marks in China (forthcoming)

Erika Lietzan, Ignoring Drug Trademarks (June 16, 2021), Wake Forest Law Review (Forthcoming)

Sean O’Connor, The curious contrast between corporate authorship and inventorship in the United States, in Niklas Bruun & Marja-Leena Mansala (Eds.) Research Handbook on Intellectual Property and Employment Law (Edward Elgar 2021)

Kristen Osenga, Putting Together a Competitive Puzzle: How to Understand and Assemble the Pieces of the New Madison Approach, CPI Antitrust Chronicle (July 27, 2021)

Kristen Osenga, We Must Win the Race to 5G, InsideSources (June 4, 2021)

Prashant Reddy T. and Yogesh Pai, What’s the point of continuing a discussion on the unworkable TRIPs COVID-19 waiver proposal?, The IPKat Blog (July 13, 2021)

Ryan Reynolds, Just What Is the Case with the CASE Act? A Brief Overview, C-IP2 Blog (June 14, 2021)

Kathleen Wills, Esq., Privacy Law Considerations of AI and Big Data – In the U.S. & Abroad, C-IP2 Blog (July 27, 2021)