George Mason University Antonin Scalia Law School

C-IP2 Summer 2024 Progress Report (March-May 2024)

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

I am pleased to report that we have had a productive spring and are working on several items for this summer and fall. Since our last report, we published several policy briefs on pending legislation, held our launch event for our 5G book, welcomed our new Edison Fellows for their first meeting (and saw several publications from earlier Fellows), and ran the 2024 WIPO-U.S. Summer School on IP. I will share more details about the Summer School, and links to some session’s recordings, in our fall report.

We are looking forward to our Copyright Roundtable in the next few weeks and have sent a save the date for our Annual Fall Conference this October 17-18, which will explore the importance of exclusive rights in the patent and copyright industries, the historical basis for those rights, and what happens to innovators and creators if the rights are not protected. More details about the Fall Conference will follow soon, as we invite speakers and finalize our panels. If you are interested in sponsoring the conference and/or have an interest in speaking, please let us know.

We at C-IP2, along with George Mason University and Scalia Law School, are also working on a fundraising campaign. As you may know, C-IP2 is a non-profit center fully funded by private donations, and support is vital for us to continue our programming. We have been in touch with many of our sustaining donors and greatly appreciate their continued support. I look forward to following up with those I have not spoken with in the near term. For others on our list who have not regularly supported us, if you are interested in doing so, please reach out, and I would be glad to speak with you. I am always happy to discuss various ways to get involved with us and am open to setting up a call or in-person meeting.

C-IP2 Hosted & Co-Hosted Events

First Meeting of the 2024-2025 Thomas Edison Innovation Fellowship
On March 21-22, C-IP2 hosted the first meeting of the 2024-2025 Thomas Edison Innovation Law and Policy Fellowship in La Jolla, CA. Meeting One was for the purpose of the Edison Fellows presenting their research proposals. Edison Fellows submitted brief synopses detailing their proposed theses and research, and Distinguished Commentators and other Edison Fellows commented on the research proposals.

Photo credit: Kristina Pietro

Webinar: Arts & Entertainment Advocacy Clinic
On April 2, the Scalia Law Arts & Entertainment Advocacy Clinic (led by Professor Sandra Aistars) and the Washington Area Lawyers for the Arts (WALA), co-hosted an open-to-the-public webinar on “Resolving Copyright Disputes Without Going to Court.”

Book Launch Event for 5G & Beyond
On April 15, C-IP2 hosted a livestreamed book launch event for 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things. The book, edited by Professors Jonathan M. Barnett and Seán M. O’Connor, was coordinated by C-IP2 and published by Cambridge University Press. A recording of the book launch, a blog post recounting highlights from the event, and the book itself (available both in PDF format and to order) are all available online. Many thanks to the Washington, D.C. office of Cravath, Swaine & Moore LLP for providing the venue for the book launch.

Visit from WIPO Executive Director Sherif Saadallah
On April 23, C-IP2 was pleased to receive a visit from WIPO Executive Director Sherif Saadallah. Mr. Saadallah met with C-IP2 staff to discuss the WIPO-U.S. Summer School on IP, which C-IP2 is in its seventh year of hosting in collaboration with WIPO. Our thanks to Mr. Saadallah and to David Grossman, Professor Christopher Newman, and Professor Seán O’Connor for participating in the visit and speaking with Mr. Saadallah about IP at Scalia Law.

Photo Credit: C-IP2
News & Speaking Engagements

Professor Sandra Aistars Gives Testimony on AI & Authorship, Creative Works

    • On March 27, C-IP2 Senior Fellow for Copyright Research and Policy & Senior Scholar Sandra Aistars testified to the U.S. Copyright Office and USPTO during an Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership “Public Symposium on AI and IP.” The event was a joint hearing on authorship and AI hosted both in person and virtually at Loyola Law School, Loyola Marymount University, Los Angeles, California. It featured opening remarks from USPTO Director Kathi Vidal. Professor Aistars addressed the topic “Generative AI as Author or Inventor? A Comparison of Copyright and Patent Analyses.”
    • On April 10, Professor Aistars testified at the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet during the hearing on “Artificial Intelligence and Intellectual Property: Part III – IP Protection for AI-Assisted Inventions and Creative Works.” A recording of the hearing has been published on the Committee’s website, and Professor Aistars’ written evidence is available as a paper on the committee’s website as well as on SSRN. This paper has been listed on various SSRN Top Ten download lists—including those for Visual, Performing & Fine Arts Research Network; RWRN Subject Matter eJournals and Rhetoric & Writing Research Network; Art Law; and Writing Law—in addition to being featured in corresponding ejournals. Professor Aistars’ testimony was also featured in Scalia Law’s May 30 “Alumni News from the Antonin Scalia Law School” newsletter.

Amicus Briefs in Hachette v. Internet Archive

C-IP2 Scholars wrote, organized, and/or joined at least two notable amicus curiae briefs in support of Hachette Book Group Inc. in its copyright infringement lawsuit against the Internet Archive:

    • A March 22 Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance in Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC v. Internet Archive was signed, among others, by Sandra Aistars (who also coordinated the brief), John Duffy, Jon Garon, Joshua Kresh, Loren Mulraine, Chris Newman, Seán O’Connor, Eric Priest, Zvi Rosen, Mark Schultz, and Bhamati Viswanathan.
    • Another March brief was filed by Former Government Officials, Former Judges, and IP Scholars. Signees included the Hon. Susan G. Braden, Bowman Heiden, Justin (Gus) Hurwitz, Daryl Lim, Adam MacLeod, the Hon. Paul Michel, Kristen Osenga, and the Hon. Randall R. Rader.

Patent Law: Policy Briefs, Blog Post, Academic Article

    • C-IP2 Senior Scholar Saurabh Vishnubhakat authored the April 2024 C-IP2 policy brief “Toward the Substitutionary Promise of PTAB Review” on the PREVAIL Act.
    • C-IP2 Senior Fellow for Innovation Policy Kristen Jakobsen Osenga authored the April 2024 C-IP2 policy brief “Restoring Predictability to Patent Eligibility” on the Patent Eligibility Restoration Act (PERA).
    • Professor Emily Michiko Morris and Joshua Kresh co-wrote a May 20 C-IP2 blog post entitled “Pharmaceutical ‘Nominal Patent Life’ Versus ‘Effective Patent Life,’ Revisited,” showing how the authors’ study of actual time to generic entry for more than one hundred of 2012’s top-selling drugs suggests that “evergreening” does not stop generic entry and that “thickets”—if they even exist—appear to be rather easy to circumvent.
    • Justus Baron, along with co-authors Santiago Bergallo and Dr. Eric Sergheraert, authored Empirical Analysis of the German Caselaw on SEP Injunctions after Huawei v ZTE, which was submitted for the Northwestern Law & Econ Research Paper No. 24-07 in May. Dr. Baron had spoken at C-IP2’s 2023 Annual Fall Conference on the panel “SEP Licensing & the European Courts: What Are They Doing Right?”, and his authorship of the paper was partly funded in relation to the conference.

Updates from Former and Current Thomas Edison Innovation Fellows

    • 2021-2022 Fellowship
      • 2021-2022 C-IP2 Edison Fellow Molly Torsen Stech’s new paper, Copyright Thickness, Thinness, and a Mannion Test for Images Produced by Generative Artificial Intelligence Applications, was published in December 2023 by the Boston College Intellectual Property & Technology Forum Journal [also available on SSRN].
    • 2023-2024 Fellowship
      • Melissa Eckhause, Closed Doors to Justice: How the Copyright Claims Board Is Shutting Out Pro Se Litigants, Volume 43, Cardozo Arts & Entertainment Law Journal (Forthcoming)
        • Description: This article analyzes the claims filed during the CCB’s inaugural year and concludes that it is failing its intended audience—pro se parties—whose claims are being rejected because of strict regulations and stringent pleading standards. Therefore, the article suggests proposals for reforming the CCB to make it more accessible to unrepresented parties.
        • In May, Professor Eckhause presented her paper at the Ninth Copyright Scholarship Roundtable hosted by the University of Pennsylvania Carey Law School and Columbia Law School and at the Conference on Innovation and Communications Law hosted by the University of Leeds. She also presented her research to the Federal Bar Association, Eastern District of Michigan Chapter on June 20.
      • Michael Goodyear, Infringing Information Architectures (March 5, 2024). 58 UC Davis L. Rev. __ (forthcoming 2025).
        • Description: This Article examines the history of what it terms architectural infringement claims, systemic secondary copyright infringement claims against product and service providers for the infringements of all their users. It reveals how these providers’ intent (or lack thereof) animated courts and Congress’ refinements of secondary copyright infringement liability and suggests how this same intent polestar could be used to maintain balanced copyright law in response to emerging architectural infringement challenges involving technologies such as artificial intelligence and blockchain.
      • Fidelice Opany, Collective Bargaining of Patent Licences (May 23, 2024). Currently undergoing peer review with the Oxford University Press Journal of Intellectual Property Law & Practice.
        • Description: This paper examines whether allowing implementers to collectively negotiate licenses for standard-essential patents can alleviate patent holdup and patent holdout. It finds that, subject to establishing certain safeguards, the proposed collective bargaining framework could reduce patent holdup and patent holdout, thereby improving the licensing of standard-essential patents.
      • Nicola Searle, Uncertainty in Knowledge Value and Employee Restrictions (Forthcoming)
        • This paper explores how the value of knowledge held by firms affects the balance between firm interests and employee rights, focusing on the role of valuation uncertainty. Through a mixed-methods analysis of criminal trade secret disputes, it finds that while higher knowledge value leads to more employee restrictions, uncertainty undermines the link between value and restrictions, thus impacting the balance between competing interests.
      • David A. Simon, The Gatekeepers of Medical Innovation (Forthcoming Fall 2024)
        • Description: Professor Simon’s paper asks how lowering evidentiary standards for drug approval would affect the broader regulatory ecosystem. He concludes that changing drug approval standards is potentially beneficial, but also disruptive and of uncertain benefit. This suggests reform to drug approval should be methodical, carefully controlled, and measured.
      • Current 2024-2025 Fellowship
        • From 2024-2025 Edison Fellow Mark Cohen
          • In March, delivered a lecture on U.S.-China Trade and IP at the University of Maribor, Slovenia
          • In April, met with MERICS in Berlin to talk about export controls in the EU and China’s own regulations regarding tech transfer and IP licensing
          • In April, gave a talk at Jagellonian University on the EU and International Trade/Dispute 611 at the WTO involving Standards Essential Patents
          • Participated in the May 29 “Patent Law Roundtable: Commemorating the 400th anniversary of the Statute of Monopolies,” co-sponsored by Oxford University, Loyola Marymount University, and George Washington University and hosted at GWU

Great Strides and Good News for Mason and Scalia Law

    • Scalia Law was recently featured in the Fairfax County Times article “People and Places – Week of April 19, 2024:” In U.S. News Rankings, “Antonin Scalia Law School’s law program advanced to No. 11 among public schools and No. 28 among all law schools nationally. With this move, it now ranks third among all law schools in Washington, D.C., Maryland, and Virginia. The part-time program ranks second nationally among all public law schools. … “’The law school achieved the highest ranking in the school’s history at No. 28,’ said Scalia Law Dean Ken Randall. ‘The part-time JD program remains among the top five nationally. Despite its relative youth, Scalia is ranked No. 3 among the 16 law schools in Virginia, Washington, D.C., and Maryland, behind only UVA and Georgetown.’”
    • George Mason University is mentioned in Entrepreneur’s May 21 collection of industry experts talking about the top universities to attend for entrepreneurship.
    • Scalia Law’s 24th Annual Judicial & Legislative Reception was held on May 22 in the Law School’s Hazel Hall Robert A. Levy Atrium. Joshua Kresh attended and had the opportunity to meet with Judge Pauline Newman of the Federal Circuit, who was also in attendance.

C-IP2 Advisory Board News

    • C-IP2 Advisory Board Members the Hon. David Kappos and the Hon. Paul Michel spoke on the March 5 Information Technology and Innovation Foundation (ITIF) event “Preserving U.S. Leadership in Biopharmaceutical Innovation” in Washington, D.C.
    • On April 16, C-IP2 Advisory Board Member the Hon. Paul Michel participated in a debate/webinar on PERA and the PREVAIL Act entitled “Current Patent Legislation and the Small Inventor: Deja vu all over again” with Paul Morinville.
    • On April 23, C-IP2 Advisory Board Member Keith Kupferschmid—President and Chief Executive Officer of the Copyright Alliance—gave opening remarks for the virtual panel “Sustaining & Empowering the Creative Community through Copyright.”
    • C-IP2 Advisory Board Member Maria Pallante (President and CEO, Association of American Publishers) co-authored April 26 The Hill article “Generative AI is generating astronomical profits by trampling authors and publishers” with Mary Rasenberger (CEO, The Authors Guild) and Danielle Coffey (President & CEO, News/Media Alliance).
    • The copyright community thanks Ben Sheffner, Senior Vice President & Associate General Counsel, Law & Policy, of the Motion Picture Association, who gave witness testimony to the Senate Judiciary Committee on behalf of the MPA on April 30. Read Mr. Sheffner’s testimony.

Congratulations are in order!

    • Antonin Scalia Law School held its convocation on May 10 & 11 this spring. Congratulations to all graduates—we wish you all our best as you prepare for the bar and enter your legal careers.
    • Our very best wishes and many thanks to Professor Dale Lazar, who has officially retired from his career with George Mason University Antonin Scalia Law School as of the end of the Spring 2024 semester. Over these past years, Professor Lazar has been invaluable to C-IP2 in the running of the Innovation Law Clinic and as a regular instructor during the WIPO-U.S. Summer School on IP. Our team wishes him a very happy—and very well-deserved—retirement!
    • Congratulations to former C-IP2 Research Assistant Sarah Kratt, who graduated magna cum laude from George Mason University Antonin Scalia Law School and received the Marketplace of Ideas Award—an award given to graduating students who demonstrate a passion for advocacy and a willingness to challenge and respectfully debate opposing views. Ms. Kratt will join Covington & Burling LLP as an associate in their patent litigation group after sitting for the D.C. Bar in July.
    • Congratulations to former C-IP2 Research Assistant Seraphima Morrow, who accepted a Summer 2024 internship at the Motion Picture Association!
    • Congratulations to former C-IP2 Research Assistant Jack Ring on his graduation this spring! His work on the book 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things was especially invaluable during his time with C-IP2 (he also wrote a blog post on the book launch). In addition, we’re pleased to congratulate Mr. Ring on accepting a Court of Federal Claims clerkship for 2024!
    • Congratulations to former C-IP2 Research Assistant Valerie Yu and her “DUNGEONS & DAMAGES” teammates, who were victors at Games Industry Law Summit’s Legal Challenge VII in March 2024!

 

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)

    • Coordinated and signed the March Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)
    • On March 13, spoke on fair use for the virtual WIPO panel “Ninth Session of the WIPO Conversation ‘Training the Machines – Bytes, Rights and the Copyright Conundrum.’” (A recording is available on WIPO’s website, as are related additional documents.). The session was attended live by more than 1,500 participants internationally.
    • On March 27, testified to the U.S. Copyright Office and USPTO during an Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership “Public Symposium on AI and IP,” a joint hearing on authorship and AI hosted both in person and virtually at Loyola Law School, Loyola Marymount University, Los Angeles, California, and featuring opening remarks from USPTO Director Kathi Vidal. Professor Aistars joined to speak virtually on the panel “Generative AI as Author or Inventor? A Comparison of Copyright and Patent Analyses.”
    • On April 2, the Scalia Law Arts & Entertainment Advocacy Clinic, founded and directed by Professor Aistars, partnered with WALA for the virtual legal clinic “Resolving Copyright Disputes Without Going to Court”
    • On April 10, testified at the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet during the hearing on “Artificial Intelligence and Intellectual Property: Part III – IP Protection for AI-Assisted Inventions and Creative Works.” A recording of the hearing has been published on the Committee’s website, and Professor Aistars’ written evidence is available as a paper on SSRN. This paper has been listed on various SSRN Top Ten download lists—including those for Visual, Performing & Fine Arts Research Network; RWRN Subject Matter eJournals and Rhetoric & Writing Research Network; Art Law; and Writing Law—in addition to being featured in corresponding ejournals. Professor Aistars’ testimony was also featured in Scalia Law’s May 30 “Alumni News from the Antonin Scalia Law School” newsletter.
    • In May, was interviewed for the June 6 POLITICO Tech podcast episode “Whose voice is it anyway? When AI comes for the rich and famous” on the dispute between actress Scarlet Johannson and Open AI (listen online or using the Apple Podcasts app)

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

    • On April 12, gave a presentation related to forthcoming book Curating Black Culture: Music, Ownership and Commodification at the University of Minnesota Music Department”

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

    • On March 5, attended and participated in the U.S. Chamber of Commerce Pre-Launch, March-In-Rights Coalition
    • On March 19, reviewed draft and signed onto Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit, 23-1260-cv, filed by Former Government Officials, Former Judges and IP Scholars in support of Plaintiffs-Appellees
    • On March 20, attended the U.S. Chamber of Commerce’s Capitol Hill briefing on “March-In Madness: Stop Political Games That Penalize American Innovation”
    • On April 4, attended and participated in the U.S. Chamber of Commerce BASIC Coalition
    • On April 8, commented on Statement of Work Proposal for the U.S. Chamber regarding March-In-Rights
    • On April 12, attended and participated in the U.S. Chamber of Commerce Strategy Call on March-In-Rights
    • On May 2, attended the U.S. Chamber of Commerce Strategy Call on March-In-Rights with former Senator Richard Burr, Ranking Member of the Senate Committee on Health, Education, Labor, and Pensions
    • On May 15, reviewed and commented on the U.S. Chamber comments on Intellectual Property commercialization for the USPTO
    • Was mentioned in May 29 TheDeal podcast recap “Drinks With The Deal: Covington’s Freling on Government Contracts, M&A”
    • On May 30, reviewed Senator Elizabeth Warren’s Press Release to “Cement Pharmaceutical Patent Policy”

Terrica Carrington (C-IP2 Practitioner in Residence; Senior Counsel & Director, Law, Policy & International, Motion Picture Association)

    • Was mentioned in May 16 Law360 article “MPA Continues Growing Legal Dept. With New Associate GC”

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

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

    • Organized and participated in the March 21-22 Edison Fellowship Meeting in La Jolla, CA 

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

    • Was quoted in April 16 San Francisco Chronicle story “SFO vs. Oakland airport: Who would win legal battle over ‘San Francisco Bay’?”
    • Facilitated the May 21 virtual WALA Trademark “Basics” Workshop with Washington Area Lawyers for the Arts
    • Was mentioned in May 22 Patently-O post “Nominate Someone (Yourself?) for the USPTO’s Advisory Committees”

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

    • Was quoted in April 16 IPWatchdog story “Newman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves Mental Fitness”
    • Was quoted in The Daily Record’s May 3 article “Can MD, states win in lawsuits against Meta? Experts say it depends.”
    • Was quoted in May 15 Law360 story “Newman Wasn’t At Fed. Circ. Conference, But She Was Invited.”

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 of Law at Lewis & Clark Law School)

    • Article Islamic Intellectual Property was published in Seton Hall Law Review in April
    • As mentioned in a March 20 University of North Dakota Law story, was welcomed as a 2024 JISPA participant with the University of Houston Law Center

Laura R. Ford (C-IP2 Scholar; Assistant Professor of Law, Faulkner University’s Thomas Goode Jones 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)

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

    • Article The Patent Law Origins of Science Fiction, co-authored with Daniel H. Brean, was published this March in The Columbia Journal of Law & The Arts
    • Was mentioned in May 1 W&L The Columns story “Scholarship of Law Professor Cited in FTC Noncompete Decision”

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

    • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees
    • Was quoted in a March 23 NY Times story “The Second Coming of the Microsoft Antitrust Battle?”
    • Was mentioned in March 26 episode 497 Cyberlaw Podcast recap “Social Speech and the Supreme Court”
    • Moderated the virtual Federalist Society panel “Déjà Vu all over again? The Return of Network Neutrality” on April 25
    • Was quoted in April 25 Washington Times news story “TikTok has promised to sue over the potential U.S. ban. What’s the legal outlook?”
    • Was quoted in May 7 The Associated Press news story “TikTok is suing the U.S. over ‘obviously unconstitutional’ law that would ban it” (edit cross-posted on CBC/Radio-Canada)
    • Was mentioned in May 8 Sociobits article “TikTok Takes Legal Action Against US Government Over Potential Ban”
    • Was quoted in May 8 NBC Connecticut story “TikTok sued the U.S. government to block a ban. Here’s what happens now”
    • Was mentioned in May 30 Colorado Law post “ICYMI: Scholarly Publications, Media Mentions, & Faculty Archives” 

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

    • Was a guest lecturer at Howard University School of Law for the March 14, 2024, AI & the Law class, speaking on “Understanding Generative AI: Why it matters for attorneys”

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

Joshua Kresh (C-IP2 Interim Executive Director)

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

    • With Joshua Kresh, led the Spring 2024 edition of the Innovation Law Clinic

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

    • On March 7, gave a plenary talk at the International Drug Repurposing Conference in Barcelona. The title of the talk was “A new and complementary theory of pharmaceutical incentives and innovation.”
    • On April 25, spoke as an invited expert at a policy workshop on barriers to drug repurposing, hosted by REMEDi4ALL, an EU-funded program
    • On May 3, gave a talk onThe Republic of Translational Medicine for King’s IP Research Day at King’s College London, UK 

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

    • Participated as a Distinguished Commentator at the March 21-22 Edison Fellowship Meeting in La Jolla, CA
    • Was quoted in May 22 JD Supra news story “Rethinking Interchangeability, Top Cases, and Battling Misinformation at FDLI’s Annual Conference”
    • Was spotlighted on May 29 St. Louis Record press release “Professor Lietzan Speaks at Food & Drug Law Institute Annual Meeting” 

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)

    • Was quoted in March 6 IPWatchdog article “Understanding IP Matters – IP and AI: Lessons for Students, Businesses and Governments”
    • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees
    • On March 28, spoke on the panel “Slow, regulate or leave it along? – Rising to the AI challenge” at CIPU’s 2024 Intellectual Property Awareness Summit (IPAS) in Chicago, IL
    • Spoke on the panel “Regulating an Uncertain Future-AI & Beyond” at Trinity College Dublin’s April 18 conference Competition Law & Data: Regulating Tech Platforms
    • On May 29, discussed intermediary liability and the Digital Millenium Copyright Act at Practising Law Institute (PLI)’s “Fundamentals of Copyright” seminar

Adam MacLeod (C-IP2 Senior Scholar; Professor of Law, Faulkner University, Thomas Goode Jones School of Law; Research Fellow, Center for Religion, Culture, and Democracy)

    • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees 

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

    • Was quoted in March 27 WATE news story “VIPC Awards CCF Grant to Virginia Tech for Novel Semiconductor-based Diode Technology for Power Electronics Applications”
    • Moderated the April 20 panel “Raising Capital from Angels, Family-Friends Networks, and VCs,” which was part of the inaugural event of the American Bazaar’s Startup Bazaar series at the Robert H. Smith School of Business at the University of Maryland
    • On May 17 at the USPTO, moderated the panel “Defining AI in the Bioscience Ecosystem” at Virginia BIO’s biannual conference THRiVE 2024 at the USPTO

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)

    • With Joshua Kresh, co-authored May 20 C-IP2 blog post “Pharmaceutical ‘Nominal Patent Life’ Versus ‘Effective Patent Life,’ Revisited”
    • Was mentioned in May 24 Akron Legal News story “Akron Law rises in U.S. News & World Report rankings”

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))

    • Was quoted in PR Newswire April 3 press release “Institute for Intellectual Property and Social Justice Expands Board, Goals”
    • Was mentioned in May 22 Patently-O post “Nominate Someone (Yourself?) for the USPTO’s Advisory Committees”
    • Participated in the May 29 “Patent Law Roundtable: Commemorating the 400th anniversary of the Statute of Monopolies,” co-sponsored by Oxford University, Loyola Marymount University, and George Washington University and hosted at GWU

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

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

Seán M. O’Connor (C-IP2 Senior Scholar; Professor of Law, George Mason University Antonin Scalia Law School)

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)

    • Signed the March Amicus Brief in Hachette Book Group Inc. v Internet ArchiveS. Court of Appeal for the Second Circuit filed by Former Government Officials, Former Judges, and IP Scholars in support of Plaintiffs-Appellees
    • Authored the April 2024 C-IP2 policy brief “Restoring Predictability to Patent Eligibility”
    • Spoke as a panelist on May 16 Federalist Society webinar “Is Patent Eligibility Doctrine in Need of Reform?” 

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

    • Was mentioned in Live Law’s March 18 article “Delhi High Court Hosts International Judicial Conclave On Intellectual Property Rights”
    • Was quoted in March 22 Live Law story “Launch Of The Joint Masters/LL.M. In IP Law And Management, Jointly Offered By NLU Delhi, WIPO And Office Of The Controller General Of Patents, Designs And Trade Marks, GOI”
    • On April 6, gave a presentation entitled “Enduring Enigma of Patents and Competition Interface in India” at the Centre for Intellectual Property Studies (CIPS) National Law University Jodhpur’s 2nd CIPS-NLUJ IP Law & Practice Conclave

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 by KCBS Radio for April 30 segment “The FTC challenging patents held by a handful of brand-name drugs”
    • Was quoted in May 16 Bloomberg Law article “Microsoft Mega-Verdict Appeal Primed to Test Patent-Damages Law”
    • Was quoted in May 30 Law360 article “What To Watch As The FTC Targets Drug Patent Listings” 

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

    • Article Multi-Level Lies is forthcoming in UC Davis Law Review, and a draft has been posted on SSRN. In March, Professor Roberts presented the article at the Boston College Law Regulation & Markets Workshop, the Georgetown University Law Center’s Tech Law Policy Colloquium, and The Technology, Race and Prejudice (TRAP) Lab at Virginia Tech.
    • Was quoted in March 1 Fact Company article “The Willy Wonka experience’s generative AI debacle is just the start of our nightmarish new advertising reality”
    • Was quoted in March 16 Washington Post article “Promo video for Texas dental practice poses new ethics issue for Noem”
    • Was quoted in April 9 Northeastern Global News article “Glorb is hitting it big with AI-generated SpongeBob raps. But is it legal under copyright law?”
    • Was quoted in April 15 Passionfruit article “CBS Issues Copyright Claim on 38-Hour ‘Beverly Hillbillies’ Video by YouTuber Quinton Reviews”
    • Was quoted in April 29 Fortune Crypto article “Why SBF is turning against A-list FTX boosters like Tom Brady and Larry David—and what could happen to them” (cross-posted by Yahoo! Finance)
    • Was quoted in May 15 The Fashion Law article “Tapestry, Coach Drop Trademark Case Against Gap, Inc. Over COACH Tees”
    • In May, presented on “Multi-Level Lies” at the International Trademark Association (INTA)’s 2024 Annual Meeting in Atlanta, GA, as part of the INTA scholarship symposium
    • This spring, was named an INTA “Rising Star” by peers at INTA, and in May participated in a virtual meeting with fellow Rising Stars
    • Was interviewed for May 21 NBC News TikTok post about Pepsi’s Sierra Mist and Tik Tok user Cierra Mistt
    • Was quoted in May 23 Northeastern Global News article “Can Scarlett Johansson sue OpenAI over its voice assistant? Northeastern intellectual property law experts weigh in”
    • Was quoted in May 30 NGN Magazine article “Your podcast needs a theme song. Good Dog Licensing can help”

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)

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

    • Forthcoming article Artificial Intelligence and the Self-Represented Inventor will be published in the Loyola of Los Angeles Law Review 

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

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

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

    • Authored April C-IP2 policy brief “Toward the Substitutionary Promise of PTAB Review”
    • Was quoted in May 9 Axios article “1 big thing: Lawmakers keep up the TikTok pressure”
    • Participated in the May 29 “Patent Law Roundtable: Commemorating the 400th anniversary of the Statute of Monopolies,” co-sponsored by Oxford University, Loyola Marymount University, and George Washington University and hosted at GWU. Professor Viswanathan co-led the discussion on “Cyclical embrace and distrust of patent law – where have we been and where are we headed.”

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

Scholarship & Other Writings

Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC v. Internet Archive, Brief of Amici Curiae Professor and Scholars of Copyright and Intellectual Property Law in Support of Plaintiffs-Appellees and Affirmance (U.S. March 2024)

Sandra Aistars, House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet’s hearing “Artificial Intelligence and Intellectual Property: Part III – IP Protection for AI-Assisted Inventions and Creative Works.” (April 11, 2024). George Mason Legal Studies Research Paper No. LS 24-09

Justus Baron & Santiago Bergallo & Eric Sergheraert, Empirical Analysis of the German Caselaw on SEP Injunctions after Huawei v ZTE (May 14, 2024). Northwestern Law & Econ Research Paper No. 24-07

Maureen E. Brady and James Stern, Analog Analogies: Intel v. Hamidi and the Future of Trespass to Chattels (August 18, 2023). J. Tort Law, vol. 16, p. 205

Lolita Darden, “Guest post by Lolita Darden: PPAC’s Bold Strategy to Transform Patent Inclusion,” Patently-O (April 25, 2024)

Charles Delmotte, Beyond the Wealth Tax (March 28, 2024). Alabama Law Review, Vol. 76 (Forthcoming)

Tabrez Ebrahim, Islamic Intellectual Property (April 29, 2024). Seton Hall Law Review, Vol. 54, No. 4, 2024

Laura R. Ford, “From Plato to WIPO: Old and New in Legal Harmonization,” in Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy, eds Péter Mezei, Hannibal Travis, and Anett Pogácsás (Brill 2024) (pp. 45-66)

Jon M. Garon, “NFTS, the Metaverse and Emerging Technology Governance,” in Cambridge Handbook of the Law and Policy of NFTs (Nizan Geslevich Packin, ed., Cambridge University Press 2024)

Michael Goodyear, Infringing Information Architectures (March 5, 2024). 58 UC Davis L. Rev. __ (forthcoming 2025)

Michael Goodyear, “Intellectual Property’s NFT Gap: Twentieth-Century Copyright Law Could Limit Viable Uses of Blockchain,” Tech Policy Press (May 7, 2024)

Chris Holman, “UMKC School of Law Wins National Patent Application Drafting Competition,” Patently-O (April 23, 2024)

Chris Holman, “The Use of Mandated Public Disclosures of Clinical Trials as Prior Art Against Study Sponsors,” Patently-O (April 16, 2024)

Camilla A. Hrdy & Daniel H. Brean (2024). “The Patent Law Origins of Science Fiction.” The Columbia Journal of Law & The Arts, 47(1). https://doi.org/10.52214/jla.v47i1.12496

James Mendenhall & Eric M. Solovy, “The protection of intellectual property rights through WTO dispute settlement,” in Research Handbook on Intellectual Property Rights and Arbitration, eds. Simon Klopschinski & Mary-Rose McGuire (Edward Elgar 2024)

Emily Michiko Morris & Joshua Kresh, “Pharmaceutical ‘Nominal Patent Life’ Versus ‘Effective Patent Life,’ Revisited,” C-IP2 Blog (May 20, 2024)

Fidelice Opany, Collective Bargaining of Patent Licences (May 23, 2024). Currently undergoing peer review with the Oxford University Press Journal of Intellectual Property Law & Practice.

Kristen Jakobsen Osenga, Restoring Predictability to Patent Eligibility(April 18, 2024)

Jack Ring, “C-IP2 Celebrates the Release of Book 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things,” C-IP2 Blog (April 29, 2024)

Alexandra Jane Roberts, Multi-Level Lies (January 7, 2024). Northeastern University School of Law Research Paper No. 445

Zvi S. Rosen, “Registering Generative AI Works for Copyright Under the Rule of Doubt,” Mostly IP History (April 19, 2024)

Zvi Rosen, “Warner Chappell Music v. Nealy: Clarity on Damages, Still Hazy on the Discovery Rule,” The Federalist Society (May 29, 2024)

Zvi S. Rosen, Who Framed Mickey Mouse? (March 01, 2024). Forthcoming, Kansas Law Review

Brenda M. Simon, Artificial Intelligence and the Self-Represented Inventor (April 11, 2024). Loyola of Los Angeles Law Review, Forthcoming

David A. Simon, The Gatekeepers of Medical Innovation (Forthcoming Fall 2024)

Molly Torsen Stech, Copyright Thickness, Thinness, and a Mannion Test for Images Produced by Generative Artificial Intelligence Applications (December 23, 2023). Boston College Intellectual Property & Technology Forum Journal [SSRN]

James Y. Stern, Intellectual Property and the Myth on Nonrivalry, 99 Notre Dame L. Rev. 1163 (2024)

Lisa A. Tucker and Michael Risch, Canceling Appellate Precedent (March 19, 2023). Florida Law Review, Vol. 76, p. 175 (2024)

Saurabh Vishnubhakat, Toward the Substitutionary Promise of PTAB Review (April 8, 2024)