George Mason University Antonin Scalia Law School

C-IP2 2023 Summer Progress Report (March-May 2023)

Headshot of Joshua KreshGreetings from C-IP2 Interim Executive Director Joshua A. Kresh

I am happy to provide our first progress report since I took over on May 25th as Interim Executive Director following Professor Seán O’Connor’s return to full-time research and teaching. With this Summer 2023 Progress Report, I am pleased to provide you with updates on what we and our friends and affiliates have been working on from March through May 2023.

May was also personally exciting for my family with the birth of our first child, Aviva Lea Kresh.

In the past few months, C-IP2 hosted a virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures. We also hosted a virtual High Tech Roundtable on IP Licensing & Policy, along with a virtual follow-on to our 2022 BioPharma Roundtable.

Additionally, I am delighted to announce that Judge Susan G. Braden, who has served as our Jurist in Residence, joined our Advisory Board.

Please keep an eye on the website and our email communications for upcoming events, including our 2023 Annual Fall Conference.

In the meantime, to all who are celebrating in and outside of the United States, we wish you a safe and happy Independence Day!

C-IP2 Hosted & Co-Hosted Events

Follow-Up Meeting for December 2022 BioPharma Roundtable
On March 22, C-IP2 held a virtual meeting, led by Senior Fellow for Life Sciences & Scholar Professor Emily Michiko Morris, as a follow-up to our December 2022 BioPharma Roundtable to discuss potential areas of academic research.

Co-Sponsored Conference
C-IP2 co-sponsored the Race + IP ’23 Conference, which was hosted April 13-15 in person and online ­­by the University of Pittsburgh School of Law.

High Tech Roundtable on IP Licensing & Policy
On April 18, C-IP2 held a small virtual roundtable, led by Senior Fellow for Innovation Policy & Senior Scholar Dean Kristen Osenga, to identify major areas of interest in high tech licensing and IP and to pinpoint topics of discussion and potential areas for academic research.

Virtual Conference
On April 27-28, C-IP2 hosted a virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures. Cultures influence the development of Intellectual Property systems, and Intellectual Property systems influence how cultures develop. This conference focused on that interplay through the lens of analogs to Intellectual Property in various cultures, bringing together scholars from around the globe to discuss how Intellectual Property systems and their analogs co-exist, influence, and inform each other. You can watch the recordings of the conference on C-IP2’s YouTube channel.

Clinic Event
On April 18, Scalia Law’s Arts & Entertainment Advocacy Clinic, led by Professor Sandra Aistars, and Washington Area Lawyers for the Arts (WALA) co-hosted “My Work, Out in the World! Copyright Implications in Public Performances,” an online event in which Student Advocates from the clinic held a discussion on Copyright Law and Public Performance with producers from George Mason University’s Green Machine.

News and Speaking Engagements

Professor O’Connor Returns to Faculty: After successfully steering Scalia Law’s Center for Intellectual Property x Innovation Policy (C-IP2) through a rebranding and expansion that resulted in a Top 20 ranking for the Law School’s IP Program, Professor Seán O’Connor is returning to full time research and teaching. O’Connor will continue on as C-IP2’s Faculty Advisor, while Managing Director Joshua Kresh will assume the role of Interim Executive Director. Read the full announcement.

In March, C-IP2 Jurist in Residence Chief Judge Susan G. Braden (Ret.) joined C-IP2‘s Advisory Board.

2022-2023 Edison Fellow Molly Torsen Stech‘s Fellowship paper, Co-Authorship Between Photographers and Portrait Subjects, has been published in the Vanderbilt Journal of Entertainment and Technology.

2023-2024 Edison Fellow Dr. Nicola Searle presented on the panel “Playing games and knowing the IP score: content and more in the Metaverse” at the March Seventh Session of the WIPO Conversation on Intellectual Property and the Metaverse (more information on the event). A recording of the event is available online.

2023-2024 Edison Fellow Dr. Nicola Searle (Goldsmiths, University of London), who is a Visiting Fellow at the Centre for Innovation Management Research (CIMR) of Birkbeck, University of London, was featured in an April 12 CIMR video on “her key areas of research and contribution of knowledge.”

On April 25, 2021-2022 Edison Fellow Dr. Jason Lee Guthrie (Clayton State University) published a post on C-IP2‘s blog entitled “For You and Me or Private Property?: Evaluating the Copyright Claim in Woody Guthrie’s ‘This Land Is Your Land‘” on his Fellowship research.

In May, C-IP2 Board Member the Hon. Paul R. Michel (Ret.) and C-IP2 Senior Scholar Professor John F. Duffy submitted an amicus brief in support of the petitioners in CareDx, Inc. et al. v. Natera, et al. IPWatchdog also covered the brief in the May 31 article “SCOTUS Requests Response in CareDx Eligibility Petition Following Michel/ Duffy Brief.”

 

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

    • On March 3, spoke on the Warhol v. Goldsmith case at the IP & Social Justice CLE and Microsoft Tech Law Summit
    • Was featured in the C-IP2 March 28 blog post “Publishers prevail in lawsuit against Internet Archive”
    • This spring, accepted a publication offer from Vanderbilt Journal of Entertainment and Technology Law for her forthcoming 2022-2023 Edison Fellowship paper, Copyright’s Lost Art of Substantial Similarity
    • Spoke at the Fordham Intellectual Property Institute’s 30th Annual IP Conference, held April 13-14
    • On April 18, Scalia Law’s Arts & Entertainment Advocacy Clinic, led by Professor Aistars, and Washington Area Lawyers for the Arts (WALA) co-hosted the online event “My Work, Out in the World! Copyright Implications in Public Performances.” Student Advocates from the clinic discussed Copyright Law and Public Performance with producers from George Mason University’s Green Machine.
    • Led planning for and participated in C-IP2‘s April 27-28 virtual conference Culture & IP: Analogs to Intellectual Property in Different Cultures
    • In May, spoke on a copyright panel at the AIPLA 2023 Spring Meeting in Seattle, WA
    • In May, participated in a recording for Kaplan’s AccelPro™ IP Law podcast
    • Article Visualizing Copyright Law: Lessons from Conceptual Artists was posted to SSRN in May and has been published in Akron Law Journal as part of the IP Scholars Symposium Professor Aistars participated in during winter 2023 [SSRN / Akron Law Review]

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

    • On April 17, spoke on a virtual Council for Innovation Promotion (C4IP) panel entitled “Does Section 1498 Really Allow the Government to Ignore Patent Protections?”
    • Spoke on the May 31 ITIF virtual panel on “The Importance of the Innovation Ecosystem”

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

    • In March, joined C-IP2‘s Advisory Board
    • Co-authored the March 2 Amicus Curiae of Law Professors, Scholars, and Former Government Officials Brief with Professor Adam Mossoff in Arbutus BioPharma Corp. v. Moderna, In. et al, C.A. No. 22-252 (D. Del. ) opposing the Department of Justice’s “Statement of Interest” and supporting Moderna’s Motion to Dismiss on 29 U.S.C. Section 1498 (a) grounds, with which the District Court agreed on March 10, 2023. See Arbutus BioPharma Corp. and Genevant Sciences GMBHModerna, Inc and Modernatx, Inc., Case No, 2:22-cv 0052 (D. Del. March 10, 2023) (reaffirming Nov. 2, 2022, decision).
    • On March 3, was mentioned in Law360 article “Ex-Judges Worried About Where COVID Vax IP Row Will Go” and Bloomberg Law article “Venue Could Be Worth Billions In Covid Vaccine Royalty Clash”
    • On March 8, was mentioned in Law360 article “Moderna Tries to Kick Ex-Judge Out Of COVID Vax IP Row”
    • On March 10, was mentioned Law360 article “Judge Not Convinced by DOJ’s ‘Say-So’ In Vax IP Row”
    • Co-authored March 20 IPWatchdog article “U.S. Taxpayers Should Not Be Paying For Private Patent Infringement” with Professor Adam Mossoff
    • Was interviewed for March 22 Fox News article “Biden’s DOJ is quietly trying to orchestrate taxpayer-funded bailout of Moderna” on Arbutus Biopharma Corp v. Moderna Inc.
    • On March 22, appeared on Mike Emanuel’s “Reporter Lives Segment” of Fox News on the DOJ’s Statement of Interest in the Moderna case (also ran on FNC, FBN, and affiliates across the United States)
    • On March 30, the Administrative Conference of the United States issued the report “Patent Small Claims: Report to the U.S. Patent & Trademark Office,” initiated by Judge Braden, who also was a consultative Group Member and Contributor
    • On April 17, was presenter for the Council for Innovation Promotion (C4IP) webinar “Does Section 1498 Really Allow The Government To Ignore Patent Protections?”
    • Co-authored April 18 IPWatchdog article “Support ‘The Innovation Restoration Act of 2023′” with Matt Nuccio, Executive Board Member of the United Inventors Association (UIA)
    • On April 29, submitted Comment regarding the U.S. International Trade Commission Investigation No. 332-596: “COVID-19 Diagnostics and Therapeutics: Supply, Demand, and TRIPS Agreement Flexibilities”
    • Was mentioned in May 9 Bloomberg Law article “They’ve Got Next: Government Contracts Fresh Face Elizabeth Jochum”
    • On May 11, participated in meetings with Senate and House IP Subcommittee staff about patent preliminary injunction legislation as part of a delegation from the United Inventors Association
    • On May 18-19, participated in a private Patent Advisory Committee meeting at the USPTO regarding the public hearing on the USPTO Proposed Fee Schedule
    • On May 26, participated in a meeting with the former Director of AUTM regarding a potential field hearing on patent preliminary injunction legislation

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)

    • Was quoted in May 12 UConn Today article “Business Law Professor Robert Bird Honored for Impactful, Enduring Contributions to the Discipline”

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

    • On March 21, spoke about the Copyright Claims Board during the panel “More Tools in Your Tool Belt: Protecting Copyright in 2023″ at the USC Gould School of Law Intellectual Property Institute
    • Spoke on a panel about the Copyright Claims Board (CCB) on April 13 at the 30th Annual IP Conference at Fordham Law School
    • Helped to plan and organize C-IP2‘s April 27-28 virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures

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

    • On March 9, moderated a panel entitled “Early Stages: Arbitration Initiation and the Preliminary Conference,” which was presented as part of the 2023 ABA Arbitration Training Instituteheld in New York City
    • On March 14, presented a webinar on “Professional Liability Insurance for ADR Professionals” before the ABA Dispute Resolution Section’s Practice Management Committee
    • On March 24, was a co-panelist on an program entitled “Effective Use of Technology: Case Management,” which was presented as part of the 2023 AAA-ICDR Panel Conference held in Rancho Mirage, CA
    • On March 28 and 30, was the trainer on two Zoom-based programs sponsored by the New York State Courts’ Office of Alternative Dispute Resolution entitled “NYS Unified Court System Anti-Bias Training,” which approximately fifty New York attorneys’ fees disputes arbitrators attended
    • On March 30, the New York State Bar Association Entertainment, Arts & Sports Law Journal published Mr. Cheng’s column entitled “A Reminder About Ethics in Negotiation”
    • On April 13, gave a presentation entitled “ADR Ethics Through Movies and Television” before the Justice Marie L. Garibaldi American Inn of Court for ADR. The program involved showing various clips from movies and television shows to help illustrate and stimulate discussion regarding certain ethical codes, canons, and principles.
    • On May 16, spoke on a program hosted by the New York City Bar Association entitled “Adding Mediating to Your Career: How to Get Started in 2023,” which is now available on demand here
    • On May 23, was the trainer on a Zoom-based program sponsored by the New York State Dispute Resolution Association entitled “Anti-Bias Training for ADR Practitioners,” which was attended by over 150 arbitrators and mediators 

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

    • In April, participated in a discussion of his book Natural Property Rights (forthcoming, Cambridge University Press) that was hosted by The Cato Institute. A recording of the discussion is available online.
    • The ideas in Professor Claeys’s forthcoming book, Natural Property Rights, are explored in C-IP2 Scholar Professor Lolita Darden‘s recent article Balancing the Inequities in Applying Natural Property Rights to Rights in Real or Intellectual Property (Texas A&M Journal of Property Law)

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

Charles Delmotte (C-IP2 Scholar; Assistant Professor of Law, Michigan State University College of Law)

    • 2019-2020 Edison Fellowship article Toward a Blockchain-Driven Tax System has been accepted for publication by the Virginia Tax Review, Volume 43, Number 01, Summer 2023 

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

    • Was interviewed for March 22 Fox News article “Biden’s DOJ is quietly trying to orchestrate taxpayer-funded bailout of Moderna” on Arbutus Biopharma Corp v. Moderna Inc.
    • Was quoted in March 27 Yahoo Finance story “In NCLA Amicus Win, en Banc Fifth Circuit Rules Against Biden’s Federal Employee Vaccine Mandate”
    • On April 21, was mentioned in Law360 article “Fed. Circ. Judge Says Colleagues Can’t Run Investigation,” Bloomberg Law article “Judge Newman Seeks to Move Fitness Complaint From Fed. Cir. (1),” and Reuters article “Probe of federal appeals judge tests aging US courts”
    • On May 11, was mentioned in Law360 article “Judge Newman Sues Fed. Circ. To Halt Probe Of Her Fitness” and Reuters article “US judge’s lawsuit to block probe leads courts to ‘uncharted waters'”

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)

    • In May, with C-IP2 Board Member the Hon. Paul R. Michel (Ret.), submitted an amicus brief in support of the petitioners in CareDx, Inc. et al. v. Natera, et al.
    • Was mentioned in a May 31 IPWatchdog article “SCOTUS Requests Response in CareDx Eligibility Petition Following Michel/ Duffy Brief”

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

    • Helped organize C-IP2‘s April 27-28 virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures and spoke one the panel “The Future of IP and Religion”

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

    • Was quoted in February 28 Law.com article “Litigants Can Recover Copyright Damages Over 3 Years, 11th Circuit Rules in Case Splitting Appeals Courts”
    • In March, published a working draft article on ChatGPT entitled A Practical Introduction to Generative AI, Synthetic Media, and the Messages Found in the Latest Medium
    • In March, presented on “Ethical, Legal, Academic, and Practical Considerations for ChatGPT, Dall-E and Similar Generative AI for Today’s and Tomorrow’s Classroom” at the Nova Southeastern University Learning and Educational Center
    • On March 30, participated on the panel “It’s a Small Metaverse” at the University of Pennsylvania Carey Law School
    • Was a guest speaker on the March 30 Secure Insights podcast episode “From Small Breaches to Big Risks: The Urgent Need for Cybersecurity in Healthcare!”
    • In late April, presented “Today, Tomorrow, or Never: Ethical, Legal, and Business Considerations for ChatGPT, Bard, Dall-E and Similar Generative AI” for the American Bar Association’s Business Law Section Cyberspace Law Committee at the Business Law Section Hybrid Spring Meeting 2023 (materials at SSRN)

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

    • Was featured and quoted in the June 2 George Mason University news article “Innovation Awards celebrate Mason researchers” on the May 9 Mason Innovation Awards ceremony

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

    • On April 14, gave a presentation on “Amgen v. Sanofi and the Viability of Chemical Genus Claims” at the Institute for Intellectual Property & Information Law (IPIL) Advisory Council Dinner and Intellectual Property Student Organization (IPSO) Lunch Program, University of Houston Law Center, Houston, TX
    • Was mentioned in May 26 Patently-O post “The Silent Echo: Supreme Court’s Non-Engagement with the Federal Circuit in Amgen v. Sanofi” 

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

    • On March 27, participated in the 25th Annual Symposium on Intellectual Property Law and Policy hosted by the Center for Intellectual Property Law & Technology at the University of Akron School of Law
    • Published an April 25 guest post on Patently-O entitled “Hrdy & Seaman: Are NDAs unenforceable when they protect more than trade secrets?”

Justin (Gus) Hurwitz (C-IP2 Senior Scholar; Senior Fellow and Academic Director, Center for Technology, Innovation, and Competition, University of Pennsylvania Carey Law School)

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

    • On March 23, was quoted in NewsBusters article “EXCLUSIVE: Experts Agree TikTok Is Serious National Security Threat”
    • On April 11, spoke at ITC Masters™ 2023 for a session on “Patent Abuse and the ITC: Separating Fact from Fiction”
    • Was mentioned in April 24 GW Today post “GW Law Installs Three Endowed Professors of Intellectual Property and Technology Law” as beingcelebrated as the Stevenson Bernard Professor of Law

Joshua Kresh (C-IP2 Interim Executive Director)

    • In May, took on the role of Interim Executive Director for C-IP2 following Professor Seán O’Connor‘s transition to the role of Faculty Advisor for the Center

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

    • In March, presented a lecture entitled “Drafting Claims (and the Specification) That Will Be Infringed” for the 18th Annual Advanced Patent Law Institute sponsored by the University of Texas and George Mason University
    • Continued to teach the Innovation Law Clinic at George Mason University Antonin Scalia Law School for the Spring 2023 semester

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

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

    • Co-hosted April 17 Strangers on the Internet podcast episode “Special: Exclusive Interview with VulgaDrawings Cartoonist Lily O’Farrell” with Michelle Lang. A brief write-up of the episode by Prof. Manta was published April 18 on Reason’s The Volokh Conspiracy.

Hina Mehta (C-IP2 Practitioner in Residence; Director, University Commercialization Program Director, University Commercialization Program at Virginia Innovation Partnership Corporation (VIPC))

    • On April 20, attended the “Technology for Good” conference at the 11th Tom Tom Festival in Charlottesville, Virginia

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)

    • Planned and participated in March 22 C-IP2 virtual follow-up meeting with a number of the December 2022 BioPharma Roundtable participants to review key takeaways and confirm next steps for the Center to take in the biopharmaceutical space

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))

    • Moderated and participated on panels during the March 2-3 IP & Social Justice CLE and Microsoft Tech Law Summit
    • On March 9, gave talk on “From Safe Harbors to Circumventing Technology Blockades: Navigating the Digital Millennium Copyright Act” at the Practising Law Institute in New York City
    • Was interviewed in March 27 Michaelson Institute for Intellectual Property blog post “Inventor Fails to Patent BIPOC Emojis: What Happened? An IP Expert Explains” regarding unsuccessful attempts to patent emoticons with diverse skin tones
    • On April 19, spoke on the Communications Decency Act at the AEI Section 230 Spring Summit
    • In April, spoke at the Race + IP ’23 conference
    • Helped to plan and spoke at C-IP2‘s April 27-28 virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures

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

    • Spoke at C-IP2‘s April 27-28 virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures
    • Was featured in May 30 Spencer Fane LLP post “Loren Mulraine Joins Intellectual Property Panel at Virtual C-IP2 Conference”

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

    • Was quoted in a March 9 Bloomberg piece on the fair use case between a Black Eyed Peas song and a unicorn meme
    • Attended the Fifth IP & Innovation Researchers of Asia Conference (IPIRA 2023), which was hosted in Singapore in a hybrid format from March 1-3. Professor O’Connor moderated a session on digital copyright, presented in a plenary session entitled “Intellectual Property as Engine for Innovation: How to Implement a Balanced Approach?,” also stepped in to serve as moderator for a session on “IP & Competition,” and served on the Conference’s scientific committee (IPIRA 2023 full program).
    • After successfully steering Scalia Law’s Center for Intellectual Property x Innovation Policy (C-IP2) through a rebranding and expansion that resulted in a Top 20 ranking for the Law School’s IP Program, Prof. O’Connor is returning to full time research and teaching and will continue on as C-IP2’s Faculty Advisor

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

    • In March, spoke on efficient infringement at the Best Practices in Intellectual Property (BPIP) conference in Tel Aviv, Israel
    • In March, presented on efficient infringement at the Best Practices in Intellectual Property conference
    • Planned and participated in April 18 C-IP2 High Tech Roundtable on IP Licensing & Policy to identify major areas of interest in high tech IP licensing and policy and to pinpoint topics of discussion and next steps for the Center in this space
    • Was interviewed on her role as Associate Dean for Academic Affairs for April 27 University of Richmond School of Law post “Reflecting on a new adventure”
    • In April, presented at a debate for the AIPLA Standards & Open Source Committee meeting on the dispute about the Avanci Business Review Letter (Avanci BRL)
    • Spoke on the May 31 ITIF virtual panel on “The Importance of the Innovation Ecosystem”
    • In May, filed a statement at the S. International Trade Commission (USITC) regarding the COVID-19 potential expansion of the TRIPS waiver. (The statement is posted on the USITC website but requires an EDIS account to view.)
    • In May, participated in a Hudson Institute roundtable on “The Role of Remedies: Patent Injunctions & the Innovation Economy”
    • Participated in a May 31 ITIF roundtable on “The Importance of the Innovation Ecosystem”

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

    • In March, chaired a session on Intellectual Property Management during the Fifth IP & Innovation Researchers of Asia (IPIRA) conference in Singapore

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

    • Gave a media interview for March 16 Delaware Valley Journal article “Bucks County Sues Social Media Companies over Harm to Kids”
    • Article Procedural Posture and Social Choice was published in Minnesota Law Review
    • On April 14, spoke at a symposium on “IP Protection and AI” hosted at Rutgers Law School and sponsored by the Rutgers Business Law Review
    • Was quoted in April 6 Delaware Valley Journal article “Is the Manhattan DA’s Case Against Trump Well-Founded or a Political Sham?”
    • Professor Risch coaches a robotics team that won second place Inspire and first place Innovate rewards at the Pennsylvania FTC Robotics Championship in March and qualified for the FIRST Tech Challenge World Championship in April, where the team won the Control Award
    • On May 13, was a Commentator at the 2023 Lastowka Cyber Law Colloquium at Washington & Lee Law
    • Was interviewed for May 14 KCBS Radio: On Demand segment “What regulations are being considered as AI becomes more accessible”

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

    • Was quoted about “review hijacking” on Amazon in the February 28 Law.com article “FTC Bags First Settlement in Probe of ‘Review Hijacking’ in E-Commerce”
    • Was quoted on college athletes’ name, image, and likeness deals in the Wall Street Journal in March 4 article “More Big Brands Brave the Rocky Terrain of Endorsement Deals With College Athletes”
    • Was quoted on a class action lawsuit over “boneless wings” in the Wall Street Journal in March 19 article “A Boneless-Wing Lawsuit Ruffles Feathers of Chicken Devotees”
    • Was quoted on the FTC’s order requesting information about advertising from various social media platforms in the Washington Post March 21 article “New FTC Order Pressures Tech Platforms Over Fraudulent Ads”
    • Was quoted on two MLB/Red Sox applications to register “Boston” as a trademark in Sportico March 22 article “Red Sox Seek ‘Boston’ Trademark to Control City Name in Sports Sales,” the Boston Herald March 24 article “Red Sox are trying to trademark ‘Boston’ for clothes, entertainment services: ‘These are absurd filings,'” and the Boston Globe March 24 article “MLB dropping ‘Boston’ trademark application it had filed on behalf of Red Sox”
    • In March, received the INTA Ladas Award for her forthcoming paper A Poetics of Trademark Law and presented the same project at Boston University School of Law’s Intellectual Property Workshop
    • On April 13, hosted a discussion about VIP v. Jack Daniels at Northeastern University School of Law with Professor Rebecca Tushnet entitled “Bad Spaniels: trademark parody and fair use doctrines.” A recording of the event is available online.
    • In April, was quoted in the Washington Post, The Verge, Ars Technica, Firstpost, Vox, Wired, Bloomberg Law, and interviewed on podcast Moderated Content about potential litigation over Twitter assigning blue checks to some accounts that did not enroll in Twitter Blue in April
    • In May, was quoted in Bloomberg on the OMG Girlz case and cultural appropriation in the courtroom, in Sportico and Yahoo Sports on a trademark dispute over “chaos” for lacrosse, in Well+Good about false advertising claims against “fitfluencer” Brittany Davis, and again in Sportico and Yahoo Sports on the Washington Commanders’ trademark applications

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

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)

    • Presented her article on “An Empirical Examination of Venue in Patent Cases” on April 14 at PatCon at Northwestern Law

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

    • Continued to support the Arts & Entertainment Advocacy Clinic at George Mason University Antonin Scalia Law School for the Spring 2023 semester in her role as a Supervising Attorney

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

Eric M. Solovy (C-IP2 Practitioner in Residence; Vice President and Legal Counsel, Qualcomm)

    • In March, joined Qualcomm as Vice President and Legal Counsel

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

    • Presented his article on “Secret Design Litigation” on April 14 at PatCon at Northwestern Law

Dr. Bhamati Viswanathan (C-IP2 Scholar; Faculty Fellow, New England Law | Boston)

    • Helped to plan and moderated a panel for C-IP2‘s April 27-28 virtual conference on Culture & IP: Analogs to Intellectual Property in Different Cultures
Scholarship & Other Writings

Sandra Aistars, Visualizing Copyright Law: Lessons from Conceptual Artists (May 18, 2023). Akron Law Review, Vol. 56, pp. 101–133 (2023), George Mason Legal Studies Research Paper No. LS 23-04 [SSRN / Akron Law Review]

Jonathan Barnett, “The Antitrust Assault On the Startup Economy In the U.S.,” RealClearMarkets (May 12, 2023)

Jonathan Barnett, Antitrust Mercantilism: The Strategic Devaluation of Intellectual Property Rights in Wireless Markets (April 20, 2023). Berkeley Technology Law Journal, Forthcoming, USC CLASS Research Paper No. CLASS23-2

Hon. Susan G. Braden & Adam Mossoff, “U.S. Taxpayers Should Not Be Paying for Private Patent Infringement,” IPWatchdog (March 20, 2023)

Hon. Susan G. Braden and Matt Nuccio, “Support the ‘Innovation Restoration Act of 2023′,” IPWatchdog (April 26, 2023)

C-IP2 Staff, “C-IP2 Statement on Interactions between Courts and the FDA,” C-IP2 Blog (April 20, 2023)

C-IP2 Staff, “Publishers prevail in lawsuit against Internet Archive,” C-IP2 Blog (March 28, 2023)

C-IP2 Staff, “Trump Interview Lawsuit Exposes Uncertainty in a Corner of Copyright Law,” C-IP2 Blog (April 20, 2023)

Lolita Darden, Balancing the Inequities in Applying Natural Property Rights to Rights in Real or Intellectual Property, 9 Tex. A&M J. Prop. L. 493 (2023)

Charles Delmotte, Toward a Blockchain-Driven Tax System, 43 VA. TAX. REV 1 (forthcoming 2023)

Jon M. Garon, A Practical Introduction to Generative AI, Synthetic Media, and the Messages Found in the Latest Medium (March 14, 2023)

Patrick Russell Goold and David A. Simon, On Copyright Utilitarianism (April 3, 2023). 99 Indiana Law Journal __ (forthcoming 2024)

Jason Lee Guthrie, For You and Me or Private Property?: Evaluating the Copyright Claim in Woody Guthrie’s “This Land Is Your Land” (April 25, 2023)

Ashleigh Hamidzadeh, Johnathan Liddicoat, and Kathleen Liddell, Should Europe Adopt a Policy Like the US MODERN Labeling Act?, European Health & Pharmaceutical Law Review, Volume 7, Issue 1 (2023) 36-38

Christopher M. Holman, A 2023 Review of Legislation Aimed at Increasing Generic and Biosimilar Competition, 42 Biotechnology Law Report 68 (2023)

Chris Holman, Amgen Scores Partial Victory in Efforts to Maintain OTEZLA Exclusivity, Patently-O (April 21, 2023)

Chris Holman, “Multiple dependent claims, blaze marks, and ipsis verbis support,” Patently-O (March 9, 2023)

Chris Holman, Overlapping Ranges in Claims and Prior Art Result in Invalidation of Patent on Transdermal Patch for Parkinson’s Disease, Patently-O (April 15, 2023)

Chris Holman, Petitioner’s Failure to Argue that Prior Art was Analogous to Challenged Patent Results in Reversal of IPR Decision, Patently-O (May 11, 2023)

Chris Holman, Some Thoughts on Amgen v. Sanofi, Patently-O (May 23, 2023)

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

Camilla A. Hrdy, Hrdy & Seaman: Are NDAs unenforceable when they protect more than trade secrets?, Patently-O (April 25, 2023)

John Liddicoat, Editorial [as guest editor for this edition], 7 European Health & Pharmaceutical Law Review 1 (2023) 1-4

Geoffrey Manne and Gus Hurwitz, “Day of Reckoning Looms for Lina Khan’s FTC,” RealClearMarkets (April 26, 2023)

Irina Manta, “New Lawsuit Against Florida Public School Library Book Bans,” The Volokh Conspiracy, Reason (May 17, 2023)

Irina Manta, “Strangers on the Internet” Podcast Episode 25: Exclusive Interview with Writer Aimee Lutkin, The Volokh Conspiracy (March 15, 2023)

Irina Manta, Strangers on the Internet Podcast Episode 28: “Exclusive Interview with VulgaDrawings Artist Lily O’Farrell,” The Volokh Conspiracy, Reason (April 18, 2023)

Kristen Jakobsen Osenga, “OpenSky: ending another round of IPR abuse whack-a-mole,” IAM (March 11, 2023)

Jack Ring, “Professors Erika Lietzan and Kristina Acri Argue That Current Data Do Not Support Evergreening Allegations,” C-IP2 Blog (May 2, 2023)

Michael Risch, Procedural Posture and Social Choice, (March 11, 2022). Minnesota Law Review, Vol. 107, p.1621 (SSRN | Minnesota Law Review)

Zvi Rosen, “Why a State-Based Overhaul of US Copyright Law is a Bad Idea,” Bloomberg Law (March 14, 2023)

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

Molly Torsen Stech, Co-Authorship Between Photographers and Portrait Subjects, 25 Vanderbilt Journal of Entertainment and Technology Law 53 (2023)

Lisa A. Tucker and Michael Risch, Precedent Unbound: The Supreme Court’s Summary Elimination of Liberal Lower Court Rulings (March 19, 2023). Florida Law Review, Vol. 76, (2024 Forthcoming)