Greetings from C-IP2 Faculty Director Sean O’Connor
Warmest greetings for this holiday season. While 2021 has continued to be challenging, we are thankful that our community has stayed strong and thrived, nonetheless. We hope that if the pandemic has directly affected you or your loved ones, you are finding your way back to peace and health. As difficult as these times can be for many of us, I think we all know that it has been even harder for others. Take extra time this holiday season to be with loved ones and reflect on the things we do have.
In this Winter 2021 Progress Report, we include not only our news the last quarter of 2021, but also a recap of major developments this year.
This year we accomplished several major goals that have been in the works for a few years.
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- Rebranded the Center. While our old name had developed good brand recognition, it had outlived much of its original usefulness and did not fully reflect the range of work we do in the innovation ecosystem. It is also important to signal that intellectual property (IP) is a core part of such ecosystems.
- Formed Advisory Board. A strong center such as ours needs the guidance of leaders in IP and innovation. We are so thankful that our “dream team” of influential leaders accepted our invitation to advise us. The Board includes:
- Troy Dow, Vice President and Counsel, Government Relations and IP Legal Policy and Strategy, The Walt Disney Company
- Mitch Glazier, Chairman and Chief Executive Officer, Recording Industry Association of America
- Dr. Kirti Gupta, Vice President, Economic Strategy | Chief Economist, Qualcomm
- Lawrence Horn, President and Chief Executive Officer, MPEG LA, LLC
- Andrei Iancu, Partner, Irell Manella LLP, Los Angeles, California; Former Director, United States Patent & Trademark Office
- David J. Kappos, Partner, Cravath, Swaine & Moore LLP, New York; Former Director, United States Patent & Trademark Office
- John Kolakowski, Director, Patent Licensing, & Head of IP Regulatory Affairs, North America, Nokia Technologies
- David Korn, Vice President, Intellectual Property and Law, Pharmaceutical Research and Manufacturers of America (PhRMA)
- Keith Kupferschmid, President and Chief Executive Officer, Copyright Alliance
- The Honorable Paul R. Michel, Former Chief Judge, United States Court of Appeals for the Federal Circuit
- Karen Marangi, Director, Federal Government Affairs, RELX Group
- Maria A. Pallante, President and Chief Executive Officer, Association of American Publishers; Former Register of Copyrights and Director, United States Copyright Office
- The Honorable Randall R. Rader, Former Chief Judge, United States Court of Appeals for the Federal Circuit
- Jon Santamauro, Senior Director, International Government Affairs, AbbVie
- Hans Sauer, Deputy General Counsel, Vice President for Intellectual Property, Biotechnology Innovation Organization
- Ian Slotin, Senior Vice President, Intellectual Property, NBCUniversal
- Dr. Claudia Tapia Garcia, LL.M., Director IPR Policy and Legal Academic Research, Ericsson; President, 4iP Council
- Karyn A. Temple, Senior Executive Vice President and Global General Counsel, Motion Picture Association; Former Register of Copyrights and Director, United States Copyright Office
- The Honorable John F. Witherspoon, Professor and Director Emeritus, Intellectual Property Program, George Mason University Antonin Scalia Law School
- Expanded Affiliate Scholars and Practitioners Network. This year we added a phenomenal group of leading academics and experienced practitioners such as Senior Fellows (directing our substantive area programming), Scholars (assistant and associate professors), Senior Scholars (full professors), Jurists in Residence, and Practitioners in Residence.
- Virtual and hybrid events. We were able to transition all of our extensive programming to either fully online or hybrid format. This included the WIPO-U.S. Summer School on Intellectual Property, 2021 Annual Fall Conference, BioPharma Roundtable, Thomas Edison Innovation Law and Policy Fellowship meetings, and academic conference Intellectual Property and Innovation Policy for 5G and the Internet of Things.
C-IP2 Hosted & Co-Hosted Events
Now in its seventh iteration, C-IP2‘s Thomas Edison Innovation Law and Policy Fellowship 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. Meeting 2 of the Fellowship was held September 23-24 at George Mason University Antonin Scalia Law School. This meeting was devoted to the Edison Fellows’ presenting their draft works-in-progress that they researched and drafted over the summer months of 2021. Each Edison Fellow received extensive feedback during presentation sessions devoted to each draft work-in-progress, including specific commentary from the Distinguished Senior Commentators. Guest Speakers for this meeting were Walter Copan (Senior Adviser and Co-Founder, “Renewing American Innovation,” CSIS; Vice President for Research and Technology Transfer, Colorado School of Mines; Former Director, NIST) and Andrei Iancu. For more information on this Fellowship, please visit our website.
Washington Lawyers for the Arts (WALA) and DC Shorts co-hosted a presentation and free clinic session with Scalia Law’s Arts & Entertainment Advocacy Clinic. The session, “Entertainment Law 101 for Filmmakers,” was held virtually on September 11 and featured WALA’s Brian Frankel, Maggie Gladson, John Mason, and the Clinic’s Prof. Sandra Aistars and Terrica Carrington.
On October 13-14, C-IP2 hosted our 2021 Virtual Annual Fall Conference, with Artificial Intelligence and Intellectual Property as this year’s theme. This year’s Annual Conference was structured around Professor Ryan Abbott’s forthcoming edited volume Research Handbook on Intellectual Property and Artificial Intelligence, which is being funded in part by a C-IP2 Da Vinci Grant. The conference included panels covering the current state of the art in AI and how the various types of IP rights interact with AI in diverse and sometimes controversial contexts––such as authorship of AI-generated works, changing inventive step analysis, data and text mining exceptions, deep fakes, and more. The event also featured keynote speakers Grimes and Jaron Lanier, who participated in a fireside chat with C-IP2 Faculty Director Sean O’Connor. The conference was connected with and featured many speakers who are writing for the upcoming Research Handbook on Intellectual Property and Artificial Intelligence in the Research Handbooks in Intellectual Property Series by Edward Elgar (Forthcoming 2022), an edited volume with contributions from an internationally leading group of authors from academia, practice, and government that provides a broad overview of research in AI & IP as well as a deep critical examination. Conference videos are available on C-IP2‘s YouTube channel.
On November 18, C-IP2 hosted an academic roundtable on Intellectual Property and Biopharmaceutical Policy in person at and virtually from George Mason University Antonin Scalia Law School. The roundtable consisted of presentations of works in progress on topics including evergreening and time to generic entry, regulatory exclusivities, the history of Bayh-Dole, potential trade secret waivers, and more.
News & Speaking Engagements
In September 2021, C-IP2 RAs and Scalia Law students Kyle Maxey and David Ward began fall internships with the Copyright Alliance.
In September, C-IP2, in conjunction with Mason’s Center for Government Contracting at the School of Business, won a Department of Defense IP study contract on a study for Washington Headquarters Services covering the Defense Advanced Research Projects Agency (DARPA) and defense laboratories’ contracting and intellectual property management policies and their effects on commercialization of and further innovation in dual-use technology. Click here for more details.
Masami Kawase (JIPO) joined C-IP2 as a Visiting Scholar in September! While here, Masami will be working on a research project covering valuation of patents in the US and Japan.
In September, C-IP2 welcomed Professors Daryl Lim and Irina D. Manta as Senior Scholars.
C-IP2 Faculty Director Sean O’Connor and C-IP2 were featured in the “Research Spotlight” put out by Mason’s Institute for Digital InnovAtion (IDIA) in their “The Weekly” newsletter on October 10.
C-IP2 2021-2022 Edison Fellow and USPTO Attorney Advisor, Copyright Law and Policy Molly Torsen Stech moderated a panel discussion co-hosted by the USPTO and USCO on October 26 for the virtual conference Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going?.
On October 26, Prof. Sandra Aistars and Terrica Carrington led Antonin Scalia Law School’s Arts & Entertainment Advocacy Clinic in co-hosting a virtual online chat and legal clinic on Copyright Law, Choreography, and Social Media with Washington Area Lawyers for the Arts (WALA). The event featured a fireside chat with the Copyright Alliance’s Terrica Carrington and David Hecht, founder of Hecht Partners LLP and attorney for celebrity choreographer JaQuel Knight, choreographer of Beyonce’s “Single Ladies” dance. The Arts & Entertainment Advocacy Clinic hosts similar events once or twice a semester, giving students a chance to give live advice to artists as part of their supervised legal clinic work.
In November 2021, C-IP2 welcomed Emily Michiko Morris (University of Akron School of Law Professor of Law and C-IP2 Scholar) as our Senior Fellow for Life Sciences.
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)
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- Organized and participated in a September 11 presentation and free clinic session with Scalia Law’s Arts & Entertainment Advocacy Clinic, Washington Lawyers for the Arts (WALA), and DC Shorts
- Interviewed in October as a guest for a forthcoming episode of the Pedagogy Podcast, hosted by Dr. Jason Lee Guthrie, Assistant Professor of Communication and Media Studies at Clayton State University
- On November 10, participated in a panel hosted by the Women’s Law Association, George Mason University Antonin Scalia Law School
- On November 11, participated in a panel on “IP Law and Culture” at the Federalist Society’s 2021 National Lawyers Convention, which was held in person in Washington, D.C. The panel also included the Hon. Karyn Temple, Prof. Lisa Ramsey, and Prof. Robert Spoo as panelists and the Hon. Ryan T. Holte as moderator
- Participated in a panel entitled “Legal Issues in Artificial Intelligence for the Entertainment Industry” during the 2021 31st Entertainment Law Institute (ELI), which took place via webcast November 18-19
Jonathan Barnett (C-IP2 Senior Fellow for Innovation Policy & Senior Scholar; Torrey H. Webb Professor of Law, USC Gould School of Law)
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- On October 14, was a lead presenter of “Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property,” hosted by Escuela de Gobierno, Universidad Adolfo Ibàñez
- On October 15, was a panelist during the webinar “Toward a Deeper Understanding: Berkeley Asia IP SEP Talk Series 2021, The Role of Antitrust,” hosted by the University of California at Berkeley, School of Law
- On October 28, was a panelist for “The Good, the Bad, and the Ugly – Outlook for the U.S. Patent System,” hosted by IPWatchdog
Chief Judge Susan G. Braden (Court of Federal Claims (Ret.); C-IP2 Jurist in Residence)
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- On October 8, attended and participated in capacity as a Judicial Adviser to the American Law Institute’s Working Group Review of Preliminary Draft 7 of the Restatement of Copyright Law
- On October 12, attended and participated in the Board of Directors’ Meeting of the United Inventors Association
- On October 15, attended and participated in the Board of Directors’ Meeting for LegalSifter, Inc. in Pittsburg, PA
- On October 8, attended and participated in the IT and Artificial Intelligence Committee of the USPTO’s Private Patent Advisory Committee
- On October 19, attended the Senate Intellectual Property Subcommittee hearing, “Pride in Patent Ownership: The Value of Knowing Who Owns a Patent”
- On October 22, attended the USPTO’s presentation on DOCX
- On November 5, attended and participated in the USPTO’s Private Patent Advisory Committee’s AI and IT Subcommittee and PTAB Subcommittee meetings
- Also on November 5, attended and participated in Board of Directors meetings for LegalSifter, Inc. and Dustoff Technology, Inc.; both companies are engaged in using artificial intelligence and software in the commercial and defense sectors
- On November 9, attended and engaged in the USPTO’s International Subcommittee and Legislative Subcommittee
- On November 10, participated on a panel concerning the “Benefits of Arbitration in Resolving SEP Disputes,” hosted by IPWatchDog. The other panel members were Judge Randall Rader, former Chief Judge of the United States Court of Appeals for the Federal Circuit, and Judge David Folsom, former Chief Judge of the US District Court of the Eastern District of Texas
- On November 12, attended and participated in the USPTO’s PPAC’s International Subcommittee meeting
- On November 17, attended and participated in the USPTO’s Legislative Subcommittee meeting
- On November 17, attended the Executive Session of the USPTO’s PPAC
- On November 18, attended and participated in the Public Session of the USPTO’s PPAC
- Also on November 18, attended and participated in CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia
- Was a significant author on the USPTO’s 2021 Patent Public Advisory Committee (PPAC) Annual Report, which was made available to the public on November 30
Terrica Carrington (C-IP2 Practitioner in Residence; VP, Legal Policy and Copyright Counsel, Copyright Alliance)
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- Organized and participated in a September 11 presentation and free clinic session with Scalia Law’s Arts & Entertainment Advocacy Clinic, Washington Lawyers for the Arts (WALA), and DC Shorts
- On September 29, participated in a fireside chat on the CASE Act for the LA Copyright Society, along with Congressman Hakeem Jeffries (D-NY)
- On October 27, participated in a roundtable on the CASE Act for the Digital Media Licensing Association’s (DMLA’s) 26th International Conference
Eric Claeys (C-IP2 Senior Fellow for Scholarly Initiatives & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)
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- On September 23-24, participated at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
- On October 14, moderated a panel on “Owning AI and Protecting AI Output” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property
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)
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- On September 23-24, participated as a distinguished senior commentator at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
- In October, was elected to the American Law Institute
- Was cited in an October 4 article on Patently-O by Jason Rantanen, New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?
- Was cited in a November 1 Patently-O article by Jason Rantanen, Patent Law Textbooks: A Micro-Symposium
Tabrez Ebrahim (C-IP2 Scholar; Associate Professor, California Western School of Law)
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- Presented on “Monitoring Corporate Cybersecurity & Data Privacy Risk” at the Cybersecurity Law and Policy Scholars Conference (CLPSC), held virtually on Oct. 1-2; at the Fourth Junior Faculty Forum on Law and STEM, University of Pennsylvania Carey Law School, held on Oct. 15-16; and at the University of San Diego School of Law in Professor Orly Lobel’s Corporate Innovation & Legal Policy Seminar virtual course
- Organized and moderated “Commerce & Economics in Islamic Social Contexts: Past, Present, & Future” at the American Branch of the International Law Association (ABILA) International Law Weekend 2021, held virtually on Oct. 28-30
Jon 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)
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- Joined C-IP2 as a Senior Scholar in November
- Latest book, Parenting for the Digital Generation – The Parent’s Guide to Digital Education and the Online Environment (Rowman & Littlefield 2022) (forthcoming), is now available for pre-order and is expected to be in stores in February 2022 (click here to view a PDF of the press kit)
David Grossman (C-IP2 Practitioner in Residence; Senior Director of Technology Transfer & Industry Collaboration, Office of Technology Transfer, George Mason University)
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- Gave a presentation to the Bioengineering Alliance on October 29 on Innovation and Economic Development
Christopher Holman (C-IP2 Senior Fellow for Life Sciences & Senior Scholar; Professor of Law, University of Missouri-Kansas City School of Law)
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- On September 23-24, participated as a distinguished senior commentator at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at George Mason University Antonin Scalia Law School
- On November 18, participated in the C-IP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia
Camilla A. Hrdy (C-IP2 Scholar; Research Professor in Intellectual Property Law, University of Akron School of Law)
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- Contributed an October 10 post to the Written Description blog entitled Courtney Cox on Trade Secrets and Lying
Dmitry Karshtedt (C-IP2 Scholar; Associate Professor of Law, The George Washington University Law School)
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- On September 10, presented a paper at European Policy for Intellectual Property Conference, Pharmaceutical Patents and Adversarial Examination, Madrid, Spain
- Was quoted by Bloomberg Law in an article published on September 29, “Fed. Cir. Limits Review of Serial Patent Challenges (Correct)”
- Started a new position as a Visiting Scholar at the Centre for Advanced Studies for Biomedical Innovation (CeBIL) at University of Copenhagen, Faculty of Law
- Presented a paper on Pharmaceutical Patents and Adversarial Examination on October 5 at the Virtual Israeli IP Scholar Conference
- On October 15, presented selected paper on Pharmaceutical Patents and Adversarial Examination at the virtual Fourth Junior Faculty Forum on Law & STEM, organized by the University of Pennsylvania Carey Law School
- On October 25, gave a seminar on Copyright Volition as Causal Responsibility with Professor Sean A. Pager, hosted by Assistant Professor Vishv Priya Kohli at the Copenhagen Business School Law Colloquium
- Gave an October 26 hybrid seminar on Pharmaceutical Patents and Adversarial Examination for the University of Copenhagen’s Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) as part of a lunch seminar series
- On November 10, spoke on a panel on “Patent Law at the Supreme Court: Where We Are and Where We’re Going,” which was hosted virtually by Los Angeles Intellectual Property Law Association (LAIPLA)
- On November 16, gave a virtual presentation on “Pharmaceutical Patents and Adversarial Examination,” which was hosted by the Judge Paul R. Michel Intellectual Property American Inn of Court
Hon. Prof. F. Scott Kieff (C-IP2 Senior Scholar; Fred C. Stevenson Research Professor, The George Washington University Law School)
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- Was referenced in a November 1 article by Jason Rantanen on Patently-O, Patent Law Textbooks: A Micro-Symposium
Joshua Kresh (C-IP2 Managing Director)
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- On September 23-24, participated in C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
- On October 13-14, participated in C-IP2’s 2021 Annual Fall Conference on Artificial Intelligence and Intellectual Property
- Spoke at AIPLA’s 2021 Annual Meeting during the October 30 Closing Plenary Session “The Year in Review” and gave the Patent Litigation Year in Review Update
- Concluded his term as Chair of AIPLA’s New Lawyers Committee and started as Vice Chair of AIPLA’s Patent Litigation Committee
- On November 18, participated in the CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia
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)
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- Joined C-IP2 as a Senior Scholar in September
- On October 14, spoke on a panel on “Tech Policy in Artificial Intelligence” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property
- Speaker at an October 21 online event: Confusion Simplified, Indiana University Maurer School of Law, Bloomington, Issues in International Intellectual Property
- Speaker at an October 22 event: Life after Google v. Oracle, Indiana University Maurer School of Law, Bloomington, Symposium Honoring Professor Marshall Leaffer
- Discussant at an October 28 online event: Inventing Ideas: Patents, Prizes, and the Knowledge Economy, Classical Liberal Institute at the NYU School of Law
- Spoke on “AI in the Automotive Sector” on November 19 at the 2021 ijiwei Automotive Semiconductor Ecosystem Summit, hosted online from Shanghai
- Delegate during the virtual 37th Annual Meeting of the US Bar-EPO Liaison Council on November 3
- Featured in a November 25 IPWatchdog article, Thank You! From Trademark Amendments to Mentors, IP Stakeholders are Grateful, noting the consensus between the biopharmaceutical and technology industries about patents for AI. Many thanks to Professor Lim for his mention of C-IP2’s 2021 Annual Fall Conference on Artificial Intelligence and Intellectual Property!
Irina D. Manta (C-IP2 Senior Scholar; Professor of Law, Hofstra University School of Law)
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- Joined C-IP2 as a Senior Scholar in September
Hina Mehta (C-IP2 Practitioner in Residence; Director, Office of Technology Transfer, George Mason University)
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- Participated in Accelerate 2022 at George Mason University October 19-20
- On October 31, spoke at the National Institute of Technology, about “Technology Transfer: Bench to Market” at the International Conference on Women Leadership in Science and 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)
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- On September 23-24, participated as an Edison Fellow at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
- In November, accepted the position as C-IP2 Senior Fellow for Life Sciences
- On November 18, participated in the CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia
Christopher M. Newman (C-IP2 Scholar; Associate Professor of Law, George Mason University Antonin Scalia Law School)
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- In October, participated in a meeting on American Law Institute’s Copyright Restatement project as part of the Members Consultative Group
- On October 13, moderated a panel on “Artificial Intelligence – Challenges and Controversies” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property
Sean M. O’Connor (C-IP2 Faculty Director; Faculty Director, Innovation Law Clinic; Professor of Law, George Mason University Antonin Scalia Law School)
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- Performed with the band, Buzzard Point Caucus, at the Sixth Annual LawRocks Washington D.C. on September 23 at the 9:30 Club to raise funds for Central Union Mission
- On September 23-24, participated at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at George Mason University Antonin Scalia Law School
- On September 29, spoke on a panel hosted by George Mason University School of Business’ Center for Innovation and Entrepreneurship on “NIL (Name Image Likeness): Branding, Sports Marketing and Amateur Athletics” along with Dr. David J. Miller (CIE), Scott Lewis (Director of Strategic Initiatives, Zoomph), and Malcolm Grace (Deputy AD, Compliance and NCAA Governance, Intercollegiate Athletics at Mason)
- Moderated the keynote fireside chat between Grimes (Music Producer, Songwriter, Singer, and Innovator in the digital and AI art space) and Jaron Lanier (Scientist, Musician, Visual Artist & Author of Who Owns the Future?) during C-IP2’s 2021 Annual Fall Conference on Artificial Intelligence and Intellectual Property, held online from October 13-14
- On October 20, was featured with C-IP2 in the “Research Spotlight” of The Weekly, a newsletter put out by George Mason University’s Institute for Digital InnovAtion (IDIA)
- On October 28, spoke on “Panel 1: Ownership, Transfer, and Tracing of Intellectual Property Rights – Part 1: Contracting in the Face of Uncertainty – Music Tourism, Royalties Trademark, and Copyright Law” in Jackson, Mississippi, as part of the Sixteenth Meeting of the American College of Business Court Judges, hosted by the Judicial Education Program of the Law & Economics Center, George Mason University Antonin Scalia Law School
- Interviewed in October as a guest for a forthcoming episode of the Pedagogy Podcast, hosted by Dr. Jason Lee Guthrie, Assistant Professor of Communication and Media Studies at Clayton State University
- On November 4, moderated a panel discussion entitled “Copyright: The New Normal” during UIC John Marshall Law School’s 65th Annual IP Law Conference in Chicago, IL
- In November, joined George Mason University’s Intellectual Property (IP) Committee
- On November 18, participated in the CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia
Kristen Jakobsen Osenga (C-IP2 Senior Scholar; Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law)
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- Mentioned in an IPWatchdog post on Sept. 9, 2021, “Judge Lucy Koh Tapped for Ninth Circuit Alongside Seven Other Biden Nominees to Federal Bench”
- Quoted in a Sept. 20, 2021 Bloomberg Law story, “Effect of Contracts on Patent Reviews Ripe for Fed. Circ. Guidance”
- Moderated an October 1 panel for a symposium on Security, Privacy, and Innovation: Reshaping Law for the AI Era during a session on “Protecting and Promoting AI Innovation: Patent Eligibility Reform as an Imperative for National Security and Innovation.” The event was co-hosted by the Reiss Center on Law and Security, the National Security Commission on Artificial Intelligence, the Berkman Klein Center, and Just Security
- Paper Striking the Right Balance: Following the DOJ’s Lead for Innovation in Standardized Technology, which was partially supported by a C-IP2-funded Leonardo da Vinci Fellowship Research Grant, was published in the Akron Law Review
- Spoke on an October 25 panel on infringement & state sovereignty for the Hudson Institute
- On October 29, presented at the AIPLA 2021 Annual Meeting on “IP Injunctions After eBay: Are Presumptions Overrated?”
- On November 5, spoke on a panel on “Patents, Platforms, and Global Standards” at the virtual Seton Hall Law Review Symposium
- Narrated a Federalist Society video on “COVID-19 and IP Protections on Critical Medical Innovations,” which was published on November 15
Yogesh Pai (C-IP2 Scholar; Assistant Professor, National Law University Delhi (NLUD); Co-Director, Centre for Innovation, Intellectual Property and Competition at NLUD)
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- On November 13, participated in the 2021 Annual Global Justice Programme Conference at Yale University Indian Perspectives on Innovation Incentives: Health Impact Fund and GIFT.
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)
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- Mentioned in Akron Legal News on Sept. 3, 2021, in the report “Akron Law kicks off its Centennial celebration”
- Spoke on a Geneva Network virtual panel on September 14 on “Why Trade Secrets Matter: “Covid vaccine manufacturing scale-up and the WTO’s proposed IP waiver”
- On September 23-24, participated as a distinguished senior commentator at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
- On October 12, spoke on a Geneva Network virtual panel on “Building the Gulf life science innovation economy: Lessons from the region and worldwide”
- On October 14, moderated a panel on “Artificial Intelligence in the Life Sciences” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property
- Published a report for the Innovation Council, a Geneva Switzerland based NGO, entitled “Unprecedented: The Rapid Innovation Response to COVID-19 and the Role of Intellectual Property” (Innovation Council, December 2021). It is available on its own dedicated website at https://www.unpackingip.org. The report extensively documents the role of IP in the fight against COVID-19 and includes interviews with chief IP counsels and manufacturing experts from the world’s leading biopharma companies.
- Participated in the annual meeting of the U.S.-India IP Dialogue in November, speaking on IP and global supply chain issues related to manufacturing and delivery of COVID-19 vaccines. Prof. Schultz serves as an expert in this multilateral Track 1.5 diplomatic dialogue held by the U.S. Chamber of Commerce, the Federation of Indian Chambers of Commerce and Industry, and the Governments of the United States and India.
- On November 18, presented his research on IP and the fight against COVID-19 at CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia
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)
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- Provided a case in favor of noncompetes in a Wall Street Journal article on September 23, 2021, “Should Noncompete Clauses for Executives Be Legal?”
- Was referenced in an October 7 Law360 article, Split Fed. Circ. Says NDA Can’t Be Used to Bar Samsung IPRs
Scholarship & Other Writings
Jonathan M. Barnett, FTC strays from fact-based enforcement and rule of law, The Hill (Nov. 16, 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)
Joe Bennett and Sean M. O’Connor, “Determining the Composition,” in The Oxford Handbook of Music Law and Policy (ed. Sean M. O’Connor, Oxford University Press, published online July 2020)
C-IP2 Staff, C-IP2 2021 Fall Progress Report (June-August 2021), C-IP2 Blog (June 29, 2021)
Tabrez Y. Ebrahim, Guest Post: Patents In Islamic Law, Patently-O (Nov. 3, 2021)
Jon Garon, Article: Beyond the First Amendment: Higher Education’s Need for Procedural Safeguards to Mute Social Media Outrage, 40 Quinnipiac L. Rev. __ (2022) (forthcoming)
Jon Garon, Book Chapter: Legal Issues for Database Protection in the US and Abroad, in Bioinformatics: Legal Issues for Computational Biology in the Post-Genome Era (Jorge Contreras ed., Edward Elgar Publishing 2d Ed. 2021)
Jon Garon, Article: To be Seen but Not Heard: The Internet’s Impact on the Constitutional Right to Privacy, Speech, and Autonomy for Minors, __ Mecer L. Rev. __ (2022) (forthcoming)
Jon Garon, Book Chapter: Chapter 6: White v. Samsung Elecs. Am., Inc., 971 F.2d 1395 (9th Cir. 1992), in Feminist Judgments: Rewritten Property Opinions (Eloisa C. Rodriguez-Dod and Elena Maria Marty-Nelson, eds., Cambridge University Press 2021)
Camilly Hrdy, Courtney Cox on Trade Secrets and Lying, Written Description (Oct. 10, 2021)
Alan B. Morrison and Robert L. Glicksman and Dmitry Karshtedt and Mark A. Lemley and Joshua D. Sarnoff, Who is an Inferior Office, and Why Does it Matter? (February 18, 2021) (Yale Journal on Regulation Notice and Comment 2021)
Kristen Osenga, Big Tech’s IP theft a common problem with a high cost (Richmond Times Dispatch, Sep 26, 2021)
Kristen Osenga, Changing the Story: Artificial Intelligence and Patent Eligibility, Just Security (Oct. 25, 2021)
Kristen Osenga, COVID Vaccine IP Waiver: A Pathway to Fewer, Not More, Vaccines, released by the Regulatory Transparency Project of the Federalist Society (Oct. 28, 2021)
Kristen Osenga et al, Putting Innovation First: The “New Madison Approach” to Patent Licensing and Antitrust, released by the Regulatory Transparency Project of the Federalist Society (Oct. 19, 2021)
Kristen Osenga (2021), Striking the Right Balance: Following the DOJ’s Lead for Innovation in Standardized Technology (Akron Law Review: Vol. 54 : Iss. 3, Article 4)
Kristen Osenga, Time to Punish Big Tech’s IP Theft, AL DIA Opinion (Nov. 16, 2021)
Mark Schultz, Trade Secrecy and Covid-19: How trade secrets and other IPRs underpin innovation and manufacturing of Covid-19 Vaccines (Geneva Network, September 2021)
Ted Sichelman, The flawed case against noncompetes, The Hill (July 29, 2021)
Ted Sichelman, Should Noncompete Clauses for Executives Be Legal?, The Wall Street Journal (Sept. 22, 2021)
Eric M. Solovy and Deepak Raju, Recent Threats to Global Trade Secret Protection: Why Compulsory Licensing is Not (and Should Not Be) a Viable Legal Option (Ctr. for Intell. Prot. x Innov. Pol. Oct. 2021)