George Mason University Antonin Scalia Law School

C-IP2 Fall 2023 Progress Report (June-August 2023)

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

I am pleased to report that we had a productive summer and are looking forward to several upcoming events this fall.

In June we ran the sixth iteration of the WIPO-U.S. Summer School on Intellectual Property, where we virtually welcomed students from around the world. Several sessions of the Summer School were recorded for C-IP2’s YouTube channel, the two currently available videos being the fireside chat I hosted with WIPO Deputy Director General Lisa Jorgenson and the panel on “Industry 4.0” C-IP2 co-hosted with the Arizona State University Consortium for Science, Policy and Outcomes. In July we held our first joint Copyright and Trademark Roundtable, covering “IP in the Metaverse.” Please see the full report below for more details on these events.

We have been busy planning our 2023 Annual Fall Conference and several private roundtables for later this year and early next year. I hope to see many of you at our events over the coming year.

I am also happy to say that the call for applications for our next round of the Thomas Edison Innovation Law and Policy Fellowship will go out soon. Please reach out to me at jkresh@gmu.edu if you are interested in applying or if you have recommendations.

C-IP2 Hosted & Co-Hosted Events

 2023 WIPO-U.S. Summer School on IP

From June 5-16, C-IP2 partnered with the World Intellectual Property Organization (WIPO) to host the sixth iteration of the WIPO-U.S. Summer School on Intellectual Property. The exclusive, two-week summer course was held online this year to accommodate participants from all over the world. We had over 60 students and young professionals joining us from 20 countries including Algeria, Bangladesh, Brazil, Canada, China, Colombia, Greece, India, Indonesia, Italy, Japan, Mexico, Peru, Philippines, the Republic of Korea, the Russian Federation, Saudi Arabia, Turkey, the United States of America, and Ukraine. Several U.S. law students took the course for U.S. IP law credit.

The Summer School program provides an opportunity to senior students, young professionals, and government officials to acquire deeper knowledge of each domain of IP and the role functions of WIPO. As WIPO’s only U.S.-based Summer School, the WIPO-U.S. Summer School program focuses on IP law in the United States of America.

The program consists of lectures, case studies, simulation exercises, and group discussions on IP topics, with an orientation towards the interface between IP and other disciplines. A certificate of participation is awarded to participants who successfully complete the program requirements and U.S. law students also take the course for credit.

A number of sessions were recorded for C-IP2‘s YouTube channel, where they will be added to our 2023 WIPO-U.S. Summer School on IP playlist. The two videos available at this time are a fireside chat with WIPO Deputy Director General Lisa Jorgenson, hosted by Joshua Kresh, and “Industry 4.0: Formal & Tacit Manufacturing Knowledge in Tech Transfer & IP,” a panel co-hosted with the Arizona State University Consortium for Science, Policy and Outcomes.

2023 “IP in the Metaverse” Roundtable

From July 12-13, C-IP2 hosted an in-person roundtable on “IP in the Metaverse” in Lake Placid, NY. The Roundtable brought together industry members and academic scholars to discuss trademarks and copyrights in the Metaverse….

“Metaverse” is a portmanteau of the words “meta”—meaning “to transcend”—and “verse”—from “universe.” Neal Stephenson, author of Snow Crash, is widely credited with coining the term. In Stephenson’s novel, the main character, Hiro Protagonist, shops, socializes, and battles with real life and virtual enemies in the metaverse via his avatar. Today, companies and consumers alike are confronting what it means to transcend the boundaries of current online spaces to work, study, shop, and play in interconnected, immersive digital spaces.

Over the course of the two-day roundtable, scholars developed a better understanding of the challenges and opportunities the metaverse presents through a series of linked discussions focusing on copyright and trademark issues. They framed the metaverse itself, acknowledging that what it is and how it is developed and defined and affects participants and shapes practices. Attendees contemplated specific intersections with copyright and trademark practices and doctrines—in particular, first sale/exhaustion, the theme of our 2023 Annual Fall Conference.

News and Speaking Engagements

Welcome to Professor Olufunmilayo B. Arewa, who joins the faculty for George Mason University Antonin Scalia Law School this academic year as Professor of Law and C-IP2 as Senior Fellow for Entrepreneurship and Senior Scholar!

The Fall 2023 semester at Antonin Scalia Law School began on August 21 at the Law School, and C-IP2 Affiliates are teaching the following courses:

      • Professor Sandra Aistars is teaching the Arts & Entertainment Law Advocacy Clinic this academic year. The clinic has expanded its services to offer representation to artists before the Copyright Claims Board (CCB), in partnership with Joe Keeley and his new firm Michael Best & Friedrich LLP. Mr. Keeley was a long-time advisor to both House and Senate leadership on IP issues and played a key role in enacting the CASE Act. Professor Aistars is also teaching “Scholarly Writing.”
      • Professor Olufunmilayo Arewa is teaching “Corporate Acquisitions and “Private Equity.”
      • Professor Tun-Jen Chiang is teaching “Patent Law” and “Trade Secrets.”
      • Professor Eric Claeys is teaching “Property.”
      • Joshua Kresh and Dale Lazar are co-teaching the Innovation Law Clinic.
      • Professor Seán O’Connor is teaching “Intellectual Property Law” and “Contracts.”
      • Professor Christopher Newman is teaching “Freedom of Speech & First Amendment Law” and “Copyright.”

In June, Professor Sandra Aistars‘ article Visualizing Copyright Law: Lessons from Conceptual Artists was listed on SSRN’s Top Ten download list for “LSN: Copyright (Topic).” Her 2022-2023 Edison Fellowship article, Copyright’s Lost Art of Substantial Similarity, is scheduled to be published in Vanderbilt Journal of Entertainment & Technology Law, Vol. 26 (Forthcoming 2023).

Our sincerest thanks to Mr. Masami Kawase, who came to C-IP2 from the Japan Patent Office (JPO) in 2021 as a Visiting Scholar and completed his stay at the end of June. He worked on a paper using statistical analysis to value U.S. and Japanese patents; while he finished his primary research, he is still working on the project. As Mr. Kawase returns to Japan and his position at the JPO, we are grateful for his contribution over these past two years and wish him all the best in his future work!

C-IP2 Advisory Board Member the Honorable Paul Michel spoke at US Inventor’s virtual July 5 event on the Patent Eligibility Restoration Act (PERA).

C-IP2 Advisory Board Member Karen Marangi (RELX) spoke at the U.S. Chamber of Commerce virtual July 10 discussion.

2022 C-IP2 Leonardo da Vinci Research Fellowship Grant recipient Gabriel Araújo Souto posted his paper Low Access to ICT Products in Brazil: Blame on Intellectual Property Rights or Heavy ICT Tariffs? to SSRN.

2022-2023 C-IP2 Thomas Edison Innovation Law & Policy Fellow William Matcham submitted his final paper, Multivariate Ordered Discrete Response Models, with co-author Tatiana Komarova to SSRN.

Congratulations to C-IP2 Senior Fellow for Innovation Policy & Senior Scholar Kristen Osenga, who was awarded a 2023 Distinguished Scholarship Award by her colleagues at the University of Richmond!

C-IP2 Advisory Board Member Judge Randall R. Rader spoke on a webinar on “Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL) of 2023” for US Inventor on August 2.

On August 3-4, Antonin Scalia Law School Professors T.J. Chiang (C-IP2 Senior Scholar), Seán M. O’Connor (C-IP2 Faculty Advisor), and Christopher Newman (C-IP2 Scholar) presented intellectual property scholarship at the 2023 IP Scholars Conference at Cardozo School of Law in New York City: Professor Chiang on Excessive Precautions and Trade Secret Law, Professor O’Connor on Copyright as a Matter of Style, and Professor Newman on Fair Use: Against Weighing. Professor Mark Schultz (C-IP2 Senior Scholar) presented on “Video on Demand: New Frontiers in Regulation of Cultural Policy, Industrial Policy & Copyright,” and Professor Emily Michiko Morris (C-IP2 Senior Fellow for Life Sciences & Scholar) presented on “Patent Thickets.” 2022-2023 Edison Fellow Mary Catherine Amerine also presented on Protecting Public Interests in Public Art.

C-IP2 has been proud to help fund the forthcoming book Artists and Markets in Music: The Political Economy of Music During the Covid Era and Beyond by Cameron M. Weber, Ying Zhen, and J.J. Arias (Routledge, 2024).

2021-2022 Edison Fellow Molly Torsen Stech‘s Edison paper Co-Authorship Between Photographers and Portrait Subjects (Vanderbilt Journal of Entertainment & Technology Law, Vol. 25, 2022) was selected to be included in the 2023 edition of the Entertainment, Publishing and the Arts Handbook (Thomson Reuters (West)) (see also a C-IP2 blog post by Ms. Stech on her article).

 

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)

    • In June, Professor Aistars’ article Visualizing Copyright Law: Lessons from Conceptual Artists was listed on SSRN’s Top Ten download list for “LSN: Copyright (Topic)”
    • During the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2, taught a session entitled “Fundamentals of Copyright” and moderated a panel on “Copyright in the Creative Industries” on June 12; hosted a fireside chat with U.S. Copyright Office General Counsel and Associate Register of Copyrights Suzanne Wilson on June 14; and participated in an “IP Office Hours” session on June 16
    • Planned and participated in C-IP2‘s July 12-13 IP in the Metaverse Roundtable Discussion in Lake Placid, NY
    • On July 19, presented to the NYC Bar Association on “Hot Topics in Copyright Law and AI : Emerging Topics in Copyright and Authorship” as a panelist
    • 2022-2023 Edison Fellowship article, Copyright’s Lost Art of Substantial Similarity (September 7, 2023; George Mason Legal Studies Research Paper No. LS 23-14) is scheduled to be published in Vanderbilt Journal of Entertainment & Technology Law, Vol. 26 (Forthcoming 2023)
    • Is again teaching the Arts & Entertainment Law Advocacy Clinic this academic year. The clinic has expanded its services to offer representation to artists before the Copyright Claims Board (CCB), in partnership with Joe Keeley and his new firm Michael Best & Friedrich LLP. Mr. Keeley was a long-time advisor to both House and Senate leadership on IP issues and played a key role in enacting the CASE Act. 

Olufunmilayo B. Arewa (C-IP2 Senior Fellow for Entrepreneurship & Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

    • This fall, Professor Arewa joined the George Mason University Antonin Scalia Law School faculty as Professor of Law and C-IP2 as Senior Fellow for Entrepreneurship and Senior Scholar.

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

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

    • On June 5, attended the Annual Supreme Court Historical Society Dinner at the Supreme Court
    • On June 6, co-taught a session entitled “Enforcing Rights: U.S. Patent Litigation” with Joshua Kresh for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2­
    • On June 27-29, attended D.C. Circuit Judicial Conference in Cambridge, MD
    • In June, was appointed to the ABA’s Task Force on Law, Society, and the Judiciary and was an author of the Task Force Report, which was issued on July 29
    • Law review article “Section 1498(A) is Not a Rx to Reduce Drug Prices” (FDLI 2023, with Joshua A. Kresh) is cited in C4IP policy statement “Reaffirm and Refine: A Government Agenda for Intellectual Property” (Frank Cullen, Andrei Iancu, David Kappos, Judge Paul Michel, and Judge Kathleen O’Malley; July 2023) 

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)

    • This summer, was appointed Department Chair of Risk Management by Penn State’s Smeal College of Business

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

    • On August 8, spoke during a session on “New Enforcement Tools For Stakeholder: Copyright Claims Board (CCB)” during a program on U.S.-Mexico Current Developments in IP Protection and Enforcement hosted by the Entertainment Software Association (ESA) and the U.S. Patent and Trademark Office (USPTO). Attendees included the Director General (DG) and Deputy DGs for Enforcement and Public outreach at the Mexican Patent and Trademark Office (IMPI) and the USPTO IP Attaché for Mexico, Central America and the Caribbean.

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

    • On June 5, was a panelist on a program entitled “Litigation vs. ADR: Choosing the Right Dispute Resolution Process,” which was part of the 5th Annual Alternative Finance Bar Association Conference that was held in New York City
    • On June 13, was a panelist on a program entitled “Ethical Issues Arising in the Mediation Context,” which was part of the Annual Meeting of the Copyright Society that was held in Newport, RI
    • On June 28, was a panelist on a program entitled “The Business of ADR,” which was sponsored by the ADR Committee of the New York County Lawyers’ Association in New York City.
    • On July 3, Lexis Nexis published Mr. Cheng’s latest Practice Note entitled “Pleading Practice in Arbitration Proceedings”
    • On July 11, gave a presentation to the newly elected board of the Asian Pacific American Lawyers Association of New Jersey on “The Roles and Responsibilities of a Nonprofit Board and its Members”
    • On July 12, the New York State Bar Association Entertainment, Arts & Sports Law Journal published Mr. Cheng’s column entitled “When You Need a Confidential and Immediate Resolution of a Dispute – Think Mediation!”
    • On July 19, was a panelist on two programs that were a part of the New York State Bar Association Dispute Resolution Section’s Commercial Arbitration Training for Arbitrators and Counsel that was held in New York City. The first was entitled “Diversity, Inclusion and Elimination of Bias – Implicit Bias, Serving a Diverse Population, and Sensitivity to Culture and Other Differences, Including Heuristics Affecting Arbitrators’ Exercise of Judgment and Decision-Making.” The second was entitled “Arbitration Ethics.”
    • On July 31, the ABA Dispute Resolution Section published Mr. Cheng’s article entitled “Preliminary Hearings in Domestic Arbitration” in their online newsletter Just Resolutions

Tun-Jen Chiang (C-IP2 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 June 20, was the presenter for WALA’s Copyright “Basics” online session
    • In June, moderated “Amplifying our Voices: Working with Institutional Communications and Public Relations Departments” as part of the Lutie Lytle Workshop
    • On July 18, presented at WALA’s Trademark “Basics” Workshop
    • In July, presented “Teaching Materials that Bridge the Gap between Theory and Practice” at the 2023 Aspen Leading Edge Conference
    • In July, was a panelist on “How Technological Advances are Impacting Patent Litigation” at USPTO’s Indo-Pacific Judicial Conference

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

    • Was named among the “Top 100 Tax Professors in the Nation” by Google Scholar H-Index All for his scholarship. Professor Delmotte’s most recent published article is Predistribution Against Rent-Seeking: The Benefit Principle’s Alternative to Redistributive Taxation (2023), which was features in Cambridge University Press’s journal Social Philosophy and Policy 

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

    • Was quoted in June 5 Newsweek article “Federal Judge Fights Colleagues Trying to Force the 95-Year-Old to Retire,” June 5 Bloomberg Law article “Newman Again Denied New Cases Amid Judicial Fitness Probe (1),” and June 8 ABA Journal article “Lawyer for federal appeals judge barred from new cases finds orders ‘incredible’ and ‘stunning’”
    • Was mentioned in July 26 Yahoo Finance piece “‘We the People, a Summer Celebration’ Honors America’s Invisible History at President James Madison’s Montpelier”
    • Joined the Clause 8 podcast for August 1 episode “Exclusive Interview with Judge Pauline Newman’s Attorney, Greg Dolin”

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)

    • With Judge Paul Michel, was featured in June 2 JD Supra article “Can Judge Michel (and John Duffy) Convince the Supreme Court to Revisit Subject Matter Eligibility?” by Kevin Noonan, Ph.D.

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

    • In August, was the Keynote Speaker and spoke on “The Metaverse in the Context of Legal Strategy 4.0” at the International Conference on Legal Strategy (CIEL) in Punta Cana, Dominican Republic
    • In August, presented “Orientation for Newer Faculty: Lessons from the Law Professor’s Desk Reference” at the University of New Hampshire Franklin Pierce Law School

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
    • On June 8, taught a simulation session entitled “Transfer of Technology and Licensing” for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2

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

    • This summer, published articles on Patently-O including “Recitation of a Previously Unappreciated Mechanism of Action Does Not Overcome Prima Facie Obviousness of Drug Combination” (posted June 15) and “‘Bald Girls Do Lunch’ Unable to Sway the Federal Circuit in Case Involving Deuterated Drug for Alopecia Areata” (posted August 26)

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

    • Article The Value in Secrecy (91 Fordham Law Review 557 (2022)) has been judged one of the best law review articles related to intellectual property law in the last year and selected for re-publication in the 2023 edition of the Intellectual Property Law Review published annually by Thomson Reuters (West)
    • In June, article Abandoning Trade Secrets (with co-author Mark A. Lemley; 72 Stanford Law Review 1 (2021)) was cited by a U.S. District Court in the Northern District of Ohio in Health Care Facilities Partners LLC v. Jack Diamond, 2023 WL 3847289 (N.D. Ohio, June 5, 2023)
    • Article Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes (written with co-author Christopher B. Seaman; 133 Yale Law Journal (forthcoming 2023)) was posted as comment to the Federal Trade Commission on April 13, 2023, and was accepted for presentation at the 2023 Conference on Empirical Legal Studies at University of Chicago Law School. On August 3, Professor Hrdy presented the article at IP Scholars 2023 at Cardozo Law in New York City, and will shortly present the same article at the IP Colloquium at Indiana University Bloomington, in Bloomington, Indiana on September 14, 2023; the St. John’s Intellectual Property Law Colloquium at St. John’s Law School on October 2, 2023, in Queens, New York; the 2023 Conference on Empirical Legal Studies at University of Chicago, in Chicago on October 13-14, 2023; and the Georgetown Law Conference on Trade Secret Law in Washington, D.C. on November 8, 2023

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

    • Joined the Cyberlaw Podcast for June 6’s Episode 461, “Debating AI Regulation” (write-up and link for episode available both at Reason and Lawfare)
    • Joined the Cyberlaw Podcast for July 25’s Episode 469, “AI Leaders Bring Washington a Bag of Promises”
    • On July 20, submitted an amicus brief in U.S. Supreme Court’s Loper Bright v. Raimondo

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

    • On June 12, taught a session entitled “An IP Social Justice Perspective on Copyright Protection for AI Implementations” for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2

Joshua Kresh (C-IP2 Interim Executive Director)

    • On June 6, co-taught a session entitled “Enforcing Rights: U.S. Patent Litigation” with Judge Susan G. Braden (Ret.) for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2
    • On June 8, hosted a fireside chat with WIPO Deputy Director General for Patents and Technology Lisa Jorgenson (a recording of the session is available on YouTube)
    • Law review article “Section 1498(A) is Not a Rx to Reduce Drug Prices” (FDLI 2023, with the Honorable Susan G. Braden) is cited in C4IP policy statement “Reaffirm and Refine: A Government Agenda for Intellectual Property” (Frank Cullen, Andrei Iancu, David Kappos, Judge Paul Michel, and Judge Kathleen O’Malley; July 2023)
    • With Dale Lazar, is co-teaching the Innovation Law Clinic for the Fall 2023 semester

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

    • On June 6, taught a session entitled “Establishing Rights: U.S. Patent Prosecution” for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2
    • With Joshua Kresh, is teaching the Innovation Law Clinic at George Mason University Antonin Scalia Law School. The course has students representing innovators on a pro bono basis. The students are supervised by volunteer attorneys.

 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 April, spoke with C-IP2 Advisory Board Member and C4IP Chairman of the Board Andrei Iancu on “Renewing American Innovation” as part of Penn State Dickinson Law’s Profiles in Leadership Series

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

    • Published a June 8 article, “SCOTUS Decides Jack Daniel’s v. VIP Products,” on Reason 

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

    • Was quoted in August 18 EIN Newsdesk article “VIPC Awards Commonwealth Commercialization Fund Grant to ​​Liberty University’s Synthetic Crustacean Innovation”

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)

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

    • On June 6, presented a paper during NYU School of Law’s Classical Liberal Institute (CLI)‘s Colloquium on Philosophical Methods in Intellectual Property
    • On June 13, taught a session entitled “Case Study: Bringing Traditional Knowledge to Global Markets for the Benefit of Local Communities” for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2
    • On June 12, participated on a panel on “Anonymity, Deepfakes & Trademarks Right and Rights of Publicity” at the Stanford Digital Economy Best Practices Conference at Stanford University School of Law
    • On June 22, participated in a Practising Law Institute (PLI) program on Fundamentals of Copyright Law in the Data Era 2023 NY, teaching a segment on “Intermediary Liability and the DMCA”
    • From July 12-13, participated in C-IP2‘s IP in the Metaverse Roundtable Discussion in Lake Placid, NY

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

    • From July 12-13, participated in C-IP2‘s IP in the Metaverse Roundtable Discussion in Lake Placid, NY

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

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

    • On June 6, recorded a panel for Practicing Law Institute: IP Discussions with Joshua Simmons on “Moral Rights” with Joshua Simmons, Amy Adler, and Adrienne Fields
    • On June 29, chaired a session on “Copyright Law: Re-thinking the Fundamentals” at IP Researchers Europe Conference (IPRE) 2023 in Geneva, Switzerland
    • From July 12-13, participated in C-IP2‘s IP in the Metaverse Roundtable Discussion in Lake Placid, NY
    • At the end of July and into early August, led workshops on technology transfer and innovation law for WIPO and the National Intellectual Property Management Office (NIPMO) in South Africa
    • On August 4, presented the paper “Copyright as a Matter of Style” at the Intellectual Property Scholars Conference (IPSC) held at Cardozo School of Law (Yeshiva University)
    • Was quoted in August 23 VOA News article “AI Firms Under Fire for Allegedly Infringing on Copyrights”

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)

    • Taught a session entitled “Fundamentals of U.S. Patent Law” on June 6 and participated in an “IP Office Hours” session on June 16 for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2
    • Administered the University of Richmond’s program in Cambridge (July 21-August 6)
    • In Summer 2023, was awarded a 2023 Distinguished Scholarship Award by colleagues at the University of Richmond

Eric Priest (C-IP2 Senior Scholar; Associate Professor and Faculty Director, Asian Studies, Law, Law-JD, University of Oregon School of Law)

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

    • Was interviewed for June 15 KCBS Radio segment “Twitter may have to pay up millions of dollars over copywrite [sic] infringements”
    • Was interviewed for July 7 KCBS Radio spot “Twitter’s Attorney Alleged the Meta is Stealing Information”
    • Was interviewed for July 11 KCBS Radio spot “A comedian just sued two AI companies, what precedent does this set?”

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

    • In June, was quoted in Reuters, Bloomberg, and National Law Journal on the U.S. Supreme Court’s decision in VIP v. Jack Daniel’s
    • Was quoted in June 20 The Fashion Law article “Off-White Lands U.S. Registration for “FOR WALKING” Trademark”
    • Taught a session entitled “Overview & Fundamentals of Trademarks” on June 13 and a simulation session entitled “Protecting Brands in a Modern Economy” on June 14, and participated in an “IP Office Hours” session on June 16, for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2
    • Was cited in July 5 Law360 article “5 Sports & Betting Cases To Watch In The 2nd Half of 2023″
    • Planned and participated in C-IP2‘s July 12-13, IP in the Metaverse Roundtable Discussion in Lake Placid, NY
    • Was cited in July 20 Washington Post article “He’s tried to ‘liberate’ colors for years. His latest: the ‘Barbiest pink.”
    • Was quoted in July 21 Northeastern Global News article “What is the future of the Birkin bag after the death of Jane Birkin? Will counterfeits overtake real bags?”
    • Was cited in July 25 World Trademark Review article “From Twitter to X: Elon Musk faces major trademark challenges following sudden rebrand”
    • Was cited in July 26 Law360 article “The Biggest Trademark Decisions Of 2023: A Midyear Report”
    • Was quoted in July 26 NBC News article “Elon Musk’s X takes @X handle from longtime Twitter user”
    • Was quoted in July 26 The Verge article “Can Elon Musk really use that X logo for Twitter?”
    • In August, presented “Multi-Level Lies” on the morning plenary panel at Intellectual Property Scholars Conference (IPSC) at Cardozo

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

    • Wrote a June 14 guest post for Patently-O on “How We Can Bridge the Innovation Gap”

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)

    • On June 9, taught sessions entitled “Fundamentals of Trade Secrets” and “Real World Value of Trade Secrets in a Global Innovation Economy” and a simulation session entitled “Best Practices for Protecting Trade Secrets” and moderated a panel on “Trade Secrets in Global Business” for the virtual 2023 WIPO-U.S. Summer School on IP, hosted by C-IP2
    • From July 12-13, participated in C-IP2‘s IP in the Metaverse Roundtable Discussion in Lake Placid, NY
    • On August 4, presented on “Video on Demand: New Frontiers in Regulation of Cultural Policy, Industrial Policy & Copyright” at the Intellectual Property Scholars Conference (IPSC) at Cardozo School of Law

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

    • In early June, presented her article “An Empirical Examination of Venue in Patent Cases” in June at the Annual Meeting on Law and Society conference in San Juan, Puerto Rico

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

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

    • From July 12-13, participated in C-IP2‘s IP in the Metaverse Roundtable Discussion in Lake Placid, NY
Scholarship & Other Writings

Sandra Aistars, Copyright’s Lost Art of Substantial Similarity (September 7, 2023). George Mason Legal Studies Research Paper No. LS 23-14, Vanderbilt Journal of Entertainment & Technology Law, Vol. 26 (Forthcoming 2023)

Jonathan Barnett, “Game over at the Federal Trade Commission,” The Hill (July 18, 2023)

Charles Delmotte (2022). Predistribution Against Rent-Seeking: The Benefit Principle’s Alternative to Redistributive Taxation. Social Philosophy and Policy, 39(1), 188-207 (Published online by Cambridge University Press, 14 August 2023)

Jon M. Garon, An AI’s Picture Paints a Thousand Lies: Designating Responsibility for Visual Libel (August 3, 2023). Journal of Free Speech Law | 3:425 | 2023

Jon M. Garon, Protecting Public Health Amidst Data Theft, Sludge, and Dark Patterns: Overcoming the Constitutional Barriers to Health Information Regulations (March 1, 2023). Akron Law Review, Vol. 56, No. 2, 2023

Chris Holman, “‘Bald Girls Do Lunch’ Unable to Sway the Federal Circuit in Case Involving Deuterated Drug for Alopecia Areata,” Patently-O (August 26, 2023)

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