George Mason University Antonin Scalia Law School

C-IP2 2022 Winter Progress Report (September-November 2022)

Greetings from C-IP2 Faculty Director Seán O’Connor

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

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

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

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


Holiday Cheer and Highlights of the Year

Holiday Greeting: We wish you the very best this holiday season and a Happy New Year for 2023!

 

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

Seán O'Connor and Jon Knight rock out on the Pearl Street Warehouse stage under blue and yellow lights and in front the the Ukrainian flagOn May 5, C-IP2 Faculty Director  Seán O’Connor (right) performed vocals, guitar, and harmonica with Jon Knight (left) as an acoustic rock duo under the name Buzzard Point Caucus for Law Rocks Washington D.C. for Ukraine, a special charity event hosted in Washington, D.C. by annual charity event Law Rocks.

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

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

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

Sandra Aistars opens her 2022 Meyer Memorial Lecture at the podium in front of her slide presentationSenior Fellow for Copyright Research Sandra Aistars gives the 2022 Christopher A. Meyer Memorial Lecture at the George Washington Law School on November 16. / Photo credit: Claudia B. Delgado


C-IP2 Hosted & Co-Hosted Events

Thomas Edison Innovation Law and Policy Fellowship
On September 15-16, C-IP2 hosted the second meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship. This meeting was devoted to the Edison Fellows’ presenting their draft works in progress that they researched and drafted over the summer months of 2022. Each Edison Fellow received extensive feedback during presentation sessions devoted to each draft work in progress, including specific commentary from the Distinguished Commentators. 

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

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


News and Speaking Engagements

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

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

Daniel R. Cahoy (C-IP2 Senior Scholar; Robert G. and Caroline Schwartz Professor, The Pennsylvania State University’s Smeal College of Business; Research Director, Center for the Business of Sustainability)

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

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

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

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

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

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

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

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

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

John F. Duffy (C-IP2 Senior Scholar; Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law)

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

Joshua Kresh (C-IP2 Managing Director)

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

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

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

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

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

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

Daryl Lim (C-IP2 Senior Scholar; H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; and co-hire, Institute for Computational and Data Sciences, Penn State University)

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

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

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

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

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

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

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

Emily Michiko Morris (C-IP2 Senior for Life Sciences and Scholar; C-IP2 2021-2022 Edison Fellow; David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law)

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

Lateef Mtima (C-IP2 Senior Scholar; Professor of Law, Howard University School of Law; Founder and Director, Institute for Intellectual Property and Social Justice (IIPSJ))

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mark F. Schultz (C-IP2 Senior Scholar; Goodyear Tire & Rubber Company Chair in Intellectual Property Law, University of Akron School of Law; Director, Center for Intellectual Property Law and Technology)

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

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

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

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)

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

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

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

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

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

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

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

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

Scholarship & Other Writings

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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