George Mason University Antonin Scalia Law School

C-IP2 Fall 2024 Progress Report (June-August 2024)

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

As we transition into the fall season, I am delighted to share that we have had a productive summer and are looking forward to an eventful fall and winter. The past months have been marked by significant achievements and exciting developments, building upon the robust foundation we laid earlier this year.

We’ve seen impressive publications from our earlier Edison Fellows, along with many of our Scholars and Senior Scholars, demonstrating the lasting impact of our programs. The 2024 WIPO-U.S. Summer School on IP was a resounding success, and a number of recordings are available on our website and linked in this report.

We recently held our Copyright Roundtable, which fostered insightful discussions and collaborations on copyright and AI among industry leaders and academics. I want to take this opportunity to congratulate Shawn Shan, one of our Roundtable participants, who recently was named MIT Technology Review’s 2024 Innovator of the Year!

As usual, the discussions from this year’s Roundtables will inform panels at our upcoming Annual Fall Conference on October 17-18. This year’s conference will delve into the critical importance of exclusive rights in patent and copyright industries, exploring their historical foundations and the potential consequences for innovators and creators if these rights are not adequately protected. We’ve assembled an impressive lineup of speakers and panels, including Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal as Keynote Speaker, former USPTO Director David Kappos, Judge Paul R. Michel, Judge Susan G. Braden, and former U.S. Copyright Office Register of Copyrights Karyn A. Temple.

As we continue to expand our reach and impact, I want to express my deepest gratitude to our sustaining donors, whose unwavering support makes our work possible. Your contributions are the lifeblood of our non-profit center, enabling us to maintain our robust programming and advance intellectual property scholarship and policy. For those considering supporting our mission, I encourage you to reach out to me at jkresh@gmu.edu. I would be delighted to discuss the various ways you can get involved and contribute to our important work.

C-IP2 Hosted & Co-Hosted Events

2024 WIPO-U.S. Summer School on IP
From June 3-14, C-IP2 hosted the WIPO-U.S. Summer School on IP in partnership with the World Intellectual Property Organization (WIPO) for the seventh consecutive year. The program, held virtually this year, welcomed students from around the world: Angola, Armenia, Brazil, Canada, Chile, China, Ghana, Ethiopia, Estonia, India, Iran, Kazakhstan, Pakistan, the Philippines, Poland, Russia, Sri Lanka, Switzerland, Ukraine, the United States of America, and Venezuela. We’re grateful to WIPO for their partnership, and especially thank Mrs. Maria-Stella Ntamark for all her efforts. Many thanks to all our speakers, as well:

    • We’re grateful to all the C-IP2 Affiliates who contributed their knowledge as program instructors: Sandra Aistars, Jonathan Barnett, Judge Susan Braden (Ret.), David Grossman, Steven D. Jamar, Joshua Kresh, Dale Lazar, Emily Michiko Morris, Lateef Mtima, Christopher Newman, Kristen Osenga, Eric Priest, Alexandra Roberts, Mark Schultz, Amy Semet, and Saurabh Vishnubhakat, as well as C-IP2 Advisory Board Members Troy Dow (Disney), David Kappos (Cravath, Swaine & Moore LLP), John Kolakowski (Nokia Technologies), David Korn (PhRMA), Karen Marangi (RELX), Judge Paul R. Michel, and Hans Sauer (BIO).
    • Thanks also to all our visiting instructors and speakers, both returning and first-time: Christopher M. Arena (BakerHostetler), Brian J. Benison (George Mason University Antonin Scalia Law School), Kerri Braun (Cisco), Matthew Bryan (WIPO), Ann Chaitovitz (USPTO), Martha Chikowore (WIPO), Victoria Cundiff (University of Pennsylvania Carey Law School), John Dubiansky (Dolby), Rama G. Elleru (Special Competitive Studies Project), Tarek Fahmy (U.S. Department of State), Ben Golant (Tencent America), Dean Harts (3M), Sharon Israel (USPTO), Chris Katopis (ABA, IPL Copyright Committee), Emily Lanza (Office of Policy and International Affairs, U.S. Copyright Office), David Lowery (Songwriter & Artist), John Maltbie (Louis Vuitton North America, Inc.), Naveen Modi (Paul Hastings), Olivia Muller (Erik M. Pelton & Associates, PLLC), James Pooley (James Pooley, PLC; Former Deputy Director General, WIPO), Sydney Redden (Global Innovation Policy Center | U.S. Chamber of Commerce), Jessica Richard (Recording Industry Association of America), Laurie Self (Qualcomm), Maria Strong (U.S. Copyright Office), Dr. Andrew Toole (USPTO), Philip Warrick (Irell & Manella), Bradley J. Watts (Global Innovation Policy Center | U.S. Chamber of Commerce), and John Yun (George Mason University Antonin Scalia Law School).
Zoom screenshot of the 2024 WIPO-U.S. Summer School participants
A Zoom screenshot of the 2024 WIPO-U.S. Summer School on IP!

Webinar with USPTO Director Kathi Vidal on China Visit
On June 10, C-IP2 co-hosted an invitation-only webinar, organized by C-IP2 Affiliate & Edison Fellow Mark Cohen, with the USPTO on “A Discussion on USPTO Director Vidal’s Recent Trip to China.” Speaking were USPTO Director Kathi Vidal and her USPTO China team, who had just returned from meetings with some of China’s most senior leaders, including Vice Premier Ding Xuexiang; James Pooley, former WIPO Deputy Director General, who had just returned from a tour in China for his book Secrets; and former Chief Judge Randall Ray Rader (Ret.), who is one of the few American professors still teaching at Tsinghua Law School and participates in the US-China Track II High Level Dialogue with several other former senior U.S. government officials.

Virtual Panel on Law and AI
On June 11, with Arizona State University Consortium for Science, Policy and Outcomes (CSPO) and the Smithsonian Institution’s Lemelson Center for the Study of Invention and Innovation, C-IP2 co-hosted the public webinar “Adapting the Law to Major Technological Shifts: Lessons from History Applied to Current AI Challenges.” This panel looked at how the law has adapted to past changes in platform technologies and what lessons can be applied to Artificial Intelligence. Speakers included Arthur Daemmrich (Arizona State University Consortium for Science, Policy and Outcomes (CSPO), Rama G. Elluru (Special Competitive Studies Project – SCSP), the Hon. David J. Kappos (Cravath, Swaine & Moore LLP; Former Director, USPTO), Amy Semet (University at Buffalo School of Law), Saurabh Vishnubhakat ( Benjamin N. Cardozo School of Law), and moderator Joshua Kresh (C-IP2). A recording of the panel is available on C-IP2’s website.

Virtual Panel: “Patents in the Innovation Industries”
As a session during the WIPO-U.S. Summer School on IP, C-IP2 hosted a June 4 panel on “Patents in the Innovation Industries” with speakers John Kolakowski (Nokia Technologies), David Korn (PhRMA), Hans Sauer (BIO), Laurie Self (Qualcomm), and moderator Joshua Kresh (C-IP2). The recording of this session has been made available for public viewing.

C-IP2 Copyright Roundtable
On July 18-19, C-IP2 hosted the roundtable “Copyright and Generative AI: Recent Works and Works in Progress” at the Chateaux Deer Valley, Park City, Utah. The creative community, practitioners, legislators, regulators, and courts are all navigating how to understand the implications of Generative AI technology. This roundtable gathered scholars and industry experts who are actively writing and working in this space to discuss recent scholarship and works in progress during an invitation only meeting.

C-IP2 Hosts the Saudi Authority for Intellectual Property (SAIP)
On July 22, C-IP2 hosted a visiting delegation from the Saudi Authority for Intellectual Property (SAIP) at Mason Square Campus in Arlington, VA. The delegation spoke with Director Joshua Kresh, Professor Sandra Aistars, and C-IP2 Practitioners in Residence Terrica Carrington (Motion Picture Association) and David Grossman (Office of Technology Transfer, George Mason University) about C-IP2’s work, clinic activities, and more, and the delegation was then joined by Judge Paul Michel and Naveen Modi (Paul Hastings LLP) for an overview of the U.S. appellate process. Many thanks to the members of the delegation for including a visit to C-IP2 during their time in the Washington, D.C. area, and to Ms. Rawan Alfaiz (PhD Student and Lecturer, College of Science, George Mason University) for all her efforts in coordinating the event.

News & Speaking Engagements

C-IP2 Welcomes New Affiliates!

This summer, 2021-2023 C-IP2 Visiting Scholar Masami Kawase (Japan Patent Office (JPO)) published the research he worked on while at George Mason University: Estimating patent value in the United States and Japan, World Patent Information (Volume 77, June 2024, 102280). Mr. Kawase used statistical analysis to value U.S. and Japanese patents, working on his primary research while in the United States and completing the project after his return to Japan at the end of June.

On July 9, Professor Emily Michiko Morris (C-IP2 Senior Fellow for Life Sciences & Scholar), Professor Mark Schultz (C-IP2 Senior Scholar), and Joshua Kresh (C-IP2 Interim Executive Director) filed comments objecting to the USPTO’s “proposed changes to terminal disclaimers and their use to overcome obviousness-type double patenting objections.”

On July 29, Mark Cohen (C-IP2 Affiliate & Edison Fellow; Non-Resident Scholar, University of California, San Diego; The National Bureau of Asian Research (NBR); The Sunwater Institute) and the Hon. Andrei Iancu (C-IP2 Advisory Board Member; Partner, Sullivan & Cromwell LLP) participated in the virtual CSIS-hosted panel discussion “Standard Essential Patents: Global Regulation and Litigation.” A video recording is available on the event website.

Congratulations to C-IP2 Senior Scholar Erika Lietzan, William H. Pittman Professor of Law & Timothy J. Heinsz Professor of Law at Mizzou Law, for being named a Best Lawyer in FDA Law for the 11th straight year, and for the 17th straight year as a Best Lawyer in Biotechnology & Life Sciences Law for 2025.

News from Current and Former Edison Fellows

    • Michael Doane (2024-2025 Edison Fellow; Visiting Assistant Professor of Law, The University of Akron School of Law)
      • In July, testified before the House Judiciary Committee’s Subcommittee on the Courts, Intellectual Property and the Internet on the topic of IP Litigation before the International Trade Commission. View Professor Doane’s testimony.
    • Michael Goodyear (2023-2024 Edison Fellow; Acting Assistant Professor, New York University School of Law)
    • Gabriela Lenarczyk (2024-2025 Edison Fellow; Postdoctoral Fellow, Centre for Advanced Studies in Bioscience Innovation Law (CeBIL), University of Copenhagen Faculty of Law)
      • In August, current intelligence paper The nature, scope and validity of patent pledges, co-authored with Timo Minssen and Mateo Aboy, was published in the Journal of Intellectual Property Law & Practice
      • In August, chapter “The European Medicines Agency’s path to greater access to pharmaceutical regulatory data: balancing intellectual property rights and the right to privacy,” co-authored with Duncan Matthews and Żaneta Zemła-Pacud, was published in Kritika: Essays on Intellectual Property, Vol. 6 (Edward Elgar)
    • David A. Simon (2023-2024 Edison Fellow; Associate Professor of Law, Northeastern University School of Law)
      • Congratulations to Professor Simon for his upcoming research paper Gatekeeping Drugs, forthcoming with the Northeastern University School of Law Research Paper and written as part of Professor Simon’s Edison Fellowship.
    • Molly Stech (2021-2022 Edison Fellow; General Counsel, International Association of Scientific, Technical and Medical Publishers (STM))
      • Participated in C-IP2’s July 18-19 Copyright Roundtable in Park City, Utah
      • Contributed July 30 C-IP2 blog post “Authors are Humans and Creativity is a Function of Humanness: What the Mannion Court Can Teach Us About Generative AI’s Relationship to Authorship” on her forthcoming paper Copyright Thickness, Thinness, and a Mannion Test for Images Produced by Generative Artificial Intelligence Applications

The Fall 2024 semester at Antonin Scalia Law School began on August 21, and C-IP2 Affiliates at Scalia Law are teaching the following courses:

    • Professor Sandra Aistars is leading the Arts & Entertainment Advocacy Clinic and teaching “Scholarly Writing”
    • Professor Olufunmilayo Arewa is teaching “Securities Law & Regulation” and “Startup Law”
    • Professor Tun-Jen Chiang is teaching “Patent Law I” and “Torts”
    • Professor Eric Claeys is teaching “Jurisprudence Seminar” and “Torts”
    • Professor Chris Newman is teaching “Copyright Law” and “Freedom of Speech & 1st Amendment Law”
    • Professor Seán O’Connor is teaching “Contracts” and “Intellectual Property”

Scalia Law was included in a list of law schools that offer courses on artificial intelligence.

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

    • Was cited in July 19 JAMA Network Medical News & Perspectives article “WHO Warns of Counterfeit Ozempic in the Global Supply Chain—Here’s What to Know”
    • Recent paper Injunctive Relief in Patent Cases: the Impact of eBay (posted to SSRN on June 25, 2024; Under review for publication in the Harvard Journal of Law & Technology), which was authored on the eBay decision and injunctive relief in patent infringement cases, was cited on July 30 in both a press release by Senator Coons of Delaware in the announcement of the RESTORE Bill and a supportive statement issued by the Innovation Alliance.

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

    • Was 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)
    • As part of the online WIPO-U.S. Summer School on IP:
      • On June 12, taught “Fundamentals of Copyright”
      • On June 12, moderated the panel “Copyright in the Creative Industries”
      • On June 13, participated in a fireside chat with Sharon Israel (USPTO)
      • On June 14, participated in the “IP Office Hours” session
    • Organized and led C-IP2’s July 18-19 Copyright Roundtable in Park City, Utah
    • On July 22, participated in the Saudi Authority for Intellectual Property (SAIP) delegation visit and discussions with C-IP2
    • Was quoted in August 29 Bloomberg Law article “OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims”

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

    • Authored June 20 Center for Strategic & International Studies (CSIS) piece “Democracies’ Advantage: Leveraging Innovation Coalitions to Meet the Autocratic Challenge”
    • On June 3, taught the session “Overview and Economics of Intellectual Property” as part of the online WIPO-U.S. Summer School on IP
    • On June 27, piece “The Antitrust Revolution That Mostly Wasn’t and Probably Won’t Be” was published by the Network Law Review
    • A recording is now available of the April 9 panel “National Security: Innovation, Intellectual Property, and International Competitiveness” on which Professor Barnett spoke at LeadershIP 2024 (co-hosted by LeadershIP and CSIS)
    • Was quoted in RealClearPolicy’s July 15 article “How America’s Democratic Foundation Promotes Innovation and U.S. Security”
    • Piece “Why Robust Intellectual Property Rights in Wireless Technologies Are a National Security Imperative” was published on August 23 by the Hudson Institute

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

    • On June 4, co-taught the session “Enforcing Rights: U.S. Patent Litigation” with Joshua Kresh as part of the online WIPO-U.S. Summer School on IP
    • On August 1-2, attended the ABA IP Section Council Meeting and Leadership Dinner
    • On August 6, provided feedback on Pugatch Consilium March-In Rights Paper for the U.S. Chamber of Commerce’s BASIC Coalition
    • On August 6, attended the U.S. Chamber of Commerce’s Basic Coalition Briefing with staff of Representative Pete Stauber (MN)
    • Contributed the August 19 article “An Odor of Mendacity: The Campaign to Finalize NIST’s Patent “March-In” Rights Guidance” to the Washington Legal Foundation

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

    • On July 11, participated in a closed-door listening session at the USPTO on AI input transparency and output disclosures (See UPSTO webpage on “Strategic plan accomplishments” > “Goal #2” > “USPTO milestones”: “On July 11, 2024, the USPTO hosted a closed stakeholder listening session in Alexandria to gather feedback on the topic of transparency in relation to artificial intelligence and copyright. During the session, stakeholders were invited to discuss topics involving artificial intelligence inputs and outputs.”
    • On July 22, participated in the Saudi Authority for Intellectual Property (SAIP) delegation visit and discussions with C-IP2
    • As of this summer, has been named a Co-Chair of the Copyright Society’s 2025 Midwinter Meeting
    • On August 6, spoke on a panel titled “Considering a Compulsory Copyright Collective Clearance System in an AI World” as part of Georgetown Law’s Tech Foundations for Government Staff program (view the detailed agenda)
    • On August 28, participated in an in-person stakeholder listening session hosted by the USPTO regarding legal protection issues related to AI-generated outputs

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

Mark Cohen (C-IP2 Affiliate & Edison Fellow; Non-Resident Scholar, University of California, San Diego; The National Bureau of Asian Research (NBR); The Sunwater Institute)

    • This summer, joined C-IP2 as an Affiliate
    • Organized June 10 invitation-only webinar “A Discussion on USPTO Director Vidal’s Recent Trip to China,” co-hosted by C-IP2 and the USPTO and featuring speakers USPTO Director Kathi Vidal and her USPTO China team, who had just returned from meetings with some of China’s most senior leaders, including Vice Premier Ding Xuexiang; James Pooley, former WIPO Deputy Director General, who had just returned from a tour in China for his book Secrets; and former Chief Judge Randall Ray Rader (Ret.), who is one of the few American professors still teaching at Tsinghua Law School and participates in the US-China Track II High Level Dialogue with several other former senior U.S. government officials.
    • On July 29, participated in the virtual CSIS-hosted panel discussion “Standard Essential Patents: Global Regulation and Litigation.” A video recording is available on the event website.

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

    • Was mentioned in Patently-O’s June 17 post “Democracy on Trial: Chestek and the Future of USPTO Accountability”

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)

    • Spoke on July 3 Federalist Society webinar “Courthouse Steps Decision: Corner Post, Inc. v. Board of Governors of the Federal Reserve System”
    • Was mentioned in the University of Virginia School of Law’s July 15 news story “Student’s Note Influenced a Supreme Court Case Eight Years Later”

Tabrez Ebrahim (C-IP2 Scholar; Associate Professor of Law at Lewis & Clark Law School)

Gillian Fenton (C-IP2 Practitioner in Residence; Founder and Executive Director, LST Strategies LLC)

    • This summer, joined C-IP2 as a Practitioner in Residence
    • On April 9, spoke on the panel “National Security: Innovation, Intellectual Property, and International Competitiveness” at LeadershIP 2024 (co-hosted by LeadershIP and CSIS). A recording of the panel is available on the event website.
    • On July 14, submitted comments in response to the National Institutes of Health (NIH) Request for Information on the Draft NIH Intramural Policy Research Program Policy: Promoting Equity through Access Planning
    • On July 23, taught Module One of the Licensing Executives Society (LES) IP Licensing Basics virtual course. Module One is an overview of the types of intellectual property under U.S. law and also surveys some “IP adjacent” assets such as know-how and data.
    • On August 16, spoke on the panel “Why IP is beneficial to innovators and companies alike” at the USPTO’s Invention-Con 2024
    • On August 27, co-taught Domains 4-5 of the LES Certified Licensing Professional (CLP) preparation course. Domain 4 is about negotiating business terms of a licensing agreement, and Domain 5 is about alliance management and dispute resolution mechanisms. 

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)

    • Paper The Revolution will Be Digitized: Generative AI, Synthetic Media, and the Medium of Disruption (20 Ohio State Tech. L. J. 139 (2023)) was picked up by the U.S. Copyright Society in their July 22 Weekly Copyright Updates
    • Latest book, How AI, Metaverses, Crypto, and Cyber will Upend the 21st Century (Edward Elgar Publishing 2024), was just published this July and is now available for order and shipping. The front matter and first chapter can be accessed online for free at the link above. The book was also featured in OpenPR’s July 29 press release.
    • This July, posted latest AI law review article, Prometheus’ Digital Fire: The Civic Responsibilities of Artificial Intelligence (20 Ohio State Tech. L. J. 225 (2024))
    • In July, presented on “Strategies and Tactics for Legal Artificial Intelligence Implementation” at the American Board of Trial Advocates Florida Annual Convention
    • Participated in C-IP2’s July 18-19 Copyright Roundtable in Park City, Utah
    • Served several roles participating in the July 21-27 SEALS 2024 Conference, hosted by the Southeastern Association of Law Schools:
      • On July 21, was a Discussant for the session “Distance Education Workshop: Online & Hybrid Learning Pedagogy Best Practices and Standards Development”
      • On July 22, moderated the session “Distance Education Workshop: Use of Generative AI, Extractive AI, and Other Technology in the Training of Legal Professions”
      • On July 24, was a Discussant for the session “Assessing Learning to Achieve Student Competency”
    • On August 6, served as a panelist for the virtual program “Data Privacy Fundamentals in the Age of AI,” a Business Law Basics Webinar hosted by the ABA Business Law Section

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

    • On June 6, taught the session “Simulation Exercise: Transfer of Technology and Licensing” as part of the online WIPO-U.S. Summer School on IP
    • On July 22, participated in the Saudi Authority for Intellectual Property (SAIP) delegation visit and discussions with C-IP2

Camilla A. Hrdy (C-IP2 Scholar; Associate Professor of Law, Rutgers Law School)

    • Congratulations to Professor Hrdy on her new position as an Associate Professor of Law at Rutgers Law School this fall! 

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

    • Was quoted in June 26 Salon news story “‘Teeing up the next one’: Expert says SCOTUS ‘roadmap’ helps right-wingers revise ‘deranged’ cases”
    • Was quoted in PennToday’s June 28 news story “Law experts on SCOTUS decisions on Chevron, Jan. 6 obstruction charge, administrative powers”
    • Was quoted in The Telegraph’s July 1 news article “The Supreme Court casts doubt on Florida and Texas laws to regulate social media platforms”
    • Mentioned in The Regulatory Review’s July 15 series of essays, “The Supreme Court’s 2023-2024 Regulatory Term” 

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 13, taught the session “Generative AI Challenges to IP Law and Administration” as part of the online WIPO-U.S. Summer School on IP

Joshua Kresh (C-IP2 Interim Executive Director)

    • As part of the online WIPO-U.S. Summer School on IP:
      • On June 3, moderated the panel “The Role of IP Institutions in the Global IP System”
      • On June 4, co-taught the session “Enforcing Rights: U.S. Patent Litigation” with Judge Susan G. Braden (Ret.)
      • On June 4, moderated the panel “Patents in the Innovation Industries”
      • On June 5, participated in a fireside chat with Judge Paul Michel
      • On June 11, moderated the public panel “Adapting the Law to Major Technological Shifts: Lessons from History Applied to Current AI Challenges,” which was co-hosted with Arizona State University Consortium for Science, Policy and Outcomes (CSPO), & The Smithsonian Institution’s Lemelson Center for the Study of Invention and Innovation
      • On June 14, participated in the session “IP Office Hours”
    • With Emily Michiko Morris and Mark Schultz, submitted comments “In Response to Notice of Proposed Rulemaking on Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting” on July 9
    • Participated in C-IP2’s July 18-19 Copyright Roundtable in Park City, Utah
    • On July 22, participated in the Saudi Authority for Intellectual Property (SAIP) delegation visit and discussions with C-IP2
    • July 23 roundtable in Washington, D.C. (private roundtable lunch on “AI & a Better Connected World,” hosted in Washington, D.C. by Semafor – lead speakers we “Semafor Contributor and two-time Pulitzer Prize finalist Jon Hilsenrath and Francine Katsoudas, Executive Vice President and Chief People, Policy & Purpose Officer of Cisco”)

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

    • On June 4, taught the session “Establishing Rights: U.S. Patent Prosecution” as part the online WIPO-U.S. Summer School on IP

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

    • On June 20, gave a presentation on “The Evolution of Repurposing” at the Inter-CeBIL Annual Retreat in Copenhagen, Denmark
    • This July, co-penned a submission with James Parish to the USPTO on patents and AI entitled “Comment on the ‘Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing’” (2024)
    • In August, the United Kingdom Intellectual Property Office interviewed Dr. Liddicoat as part of their ‘IP 2050’ project, which aims to help develop future policies and tools.

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

    • In June, was named 2024 Winner of the Loyd E. Roberts Memorial Prize in the Administration of Justice, which was created to “honor the [University of Missouri] law professor or student who has made the most significant contribution to improving the administration of justice, either within Missouri, nationally or internationally.” Professor Lietzan was also mentioned in St. Louis Record’s June 3 press release “Professors Mitchell, Freyermuth and Lietzan win 2024 Mizzou Law Faculty Awards.”
    • In June, new article Petition Power was published in University of Missouri School of Law Legal Studies Research Paper No. 2024-17. Professor Lietzan’s article was also featured in Yale Journal on Regulation’s June 25 Ad Law Reading Room entry.
    • Was mentioned in The Regulatory Review’s July 1 post “Moving Administrative Processes Forward, Together”
    • Congratulations to Professor Lietzan for being named a Best Lawyer in FDA Law for the 11th straight year, and for the 17th straight year as a Best Lawyer in Biotechnology & Life Sciences Law for 2025!

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)

    • Article “Innovation and Artists’ Rights in the Age of Generative AI” was published on July 10 by the SFS Georgetown Journal of International Affairs
    • In August, presented his paper The Antitrust–Copyright Interface in the Age of Generative Artificial Intelligence, co-authored with Professor Peter K. Yu (Texas A&M University School of Law), at The Chinese University of Hong Kong (CUHK)

Keith Mallinson (C-IP2 Practitioner in Residence; Founder, WiseHarbor)

    • In June, joined C-IP2 as a Practitioner in Residence
    • Spoke on the panel “Transparency” during the conference Patents in Telecoms and the Internet of Things, which was hosted May 16-17 in London, United Kingdom, by the UCL Faculty of Laws
    • July 2 article “Declining SEP royalties payments yield rates significantly below licensors’ headline figures” on the IP finance blog was ranked #1 in the Top 10 LinkedIn postings on IP for the week: “Aggregate royalties paid to major SEP licensors Ericsson, InterDigital, Nokia and Qualcomm have declined by 28% since peaking in 2015 to 2023. The aggregate “royalty yield” (i.e. total royalties paid divided by handset sales revenues) for these licensors has dropped even more steeply by 38% since 2015. Percentage royalty yields have been diminished by royalty base caps and the switch to monetary amount per unit royalty rates in some cases. While ad valorem percentage rates charged hedge for inflationary increases in phone prices, caps and fixed amounts per unit are not indexed. Cellular SEP licensors obtain significantly lower royalties than the maximum percentage rates and monetary rates per unit publicly headlined on their web sites. That’s only to be expected because licensees insist that royalties are capped on higher-priced smartphones.”
    • July 3 article “European Commission’s proposed top-down approach would massively reallocate SEP royalties to China” was posted to the IP finance blog: “The European Commission’s scheme to regulate royalties by setting aggregate royalties and apportioning them with the top-down approach based on standard-essential patent counts would very disturbingly and harmfully effect SEP licensing. My analysis shows that apportioning current levels of aggregate royalties based on declared-essential patent counts would massively reallocate royalties received by US and European licensors to Chinese companies.”

Hina Mehta (C-IP2 Practitioner in Residence; Program Director, National Science Foundation (NSF))

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)

    • As part of the online WIPO-U.S. Summer School on IP:
      • On June 6, taught the session “IP Issues in Life Sciences R&D and Commercialization”
      • On June 14, participated in the session “IP Office Hours”
    • With Mark Schultz and Joshua Kresh, submitted comments “In Response to Notice of Proposed Rulemaking on Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting” on July 9

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))

    • In June, sat down with The Vanguard Network’s “It’s Not Woke–It’s Constitutional,” podcast, where he discussed the social justice implications of intellectual property on the episode “Getting Smart About Intellectual Property and Social Justice”
    • On June 13, taught the session “Generative AI Challenges to IP Law and Administration” as part of the online WIPO-U.S. Summer School on IP
    • Participated in C-IP2’s July 18-19 Copyright Roundtable in Park City, Utah

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

    • On June 12, taught the session “Copyright in the Digital World” as part of the online WIPO-U.S. Summer School on IP
    • Participated in C-IP2’s July 18-19 Copyright Roundtable in Park City, Utah 

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)

    • As part of the online WIPO-U.S. Summer School on IP:
      • On June 3, taught the session “Fundamentals of U.S. Patent Law”
      • On June 14, participated in the session “IP Office Hours”
    • Was mentioned in Holland & Knight’s August 26 post “Section 101 Patent Eligibility Roundup: It’s Been Too Long”

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

    • On June 12, taught the session “Securing & Using Copyright Protection Globally” as part of the online WIPO-U.S. Summer School on IP

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

    • On June 4, served as a commentator/participant at the Computer Science & the Law Scholarship Roundtable at the University of Pennsylvania Carey Law School
    • On June 10, was interviewed for KCBS Radio spot “K-pop group ‘New Jeans’ to sue alleged defamer under South Korean law”
    • On July 28 , was interviewed on KCBS Radio regarding TikTok information sharing with ByteDance in China

Alexandra Jane Roberts (C-IP2 Senior Scholar; Professor of Law and Media & Faculty Director, Center for Law, Information and Creativity (CLIC), Northeastern University School of Law)

    • Chapter “Oppressive and Empowering #Tagmarks” was published in Feminist Cyberlaw (eds. Meg Leta Jones & Amanda Levendowski; University of California Press, 2024; 50-61)
    • In June, was named Faculty Director of Northeastern University School of Law’s Center for Law, Information and Creativity (CLIC)
    • Was quoted in June 1 IGN article “In 10 Years, Superman Will Be in the Public Domain. That May Not Mean What You Think It Does”
    • On June 8, presented Of Marks & Minors (read abstract) at the University of Houston Law Center’s Institute for Intellectual Property & Information Law (IPIL) annual symposium in Santa Fe, New Mexico
    • On June 10, led a fireside chat with John Maltbie (Director of Intellectual Property, Civil Enforcement, Louis Vuitton North America, Inc.) as part of the online WIPO-U.S. Summer School on IP
    • Was quoted in June 3 Slate article “When a Lifetime Subscription Isn’t for Life”
    • Was quoted in June 5 The Ankler article “The AI Voice Revolution is Bigger Than ScarJo”
    • Was interviewed about her article Multi-Level Lies (UC Davis Law Review, Forthcoming) by Professor Andrew Jennings for a June 18 episode of his Business Scholarship Podcast (listen to the interview on Andrew Jennings’ website or on Apple Podcasts, Spotify, or YouTube)
    • Was quoted in June 26 Bloomberg Law article “Crocs Case at Federal Circuit Set to Shape False Advertising Law”
    • Was quoted in June 27 Northeastern Global News article “Will YouTube’s attempt to strike AI music deals with record labels change the music industry?”
    • C-IP2 congratulates Professor Roberts for beginning her tenure as Faculty Director of Northeastern University’s Center for Law, Information & Creativity (CLIC) on July 1!
    • Was quoted in July 8 The Times of London article about a school shooting victim gaining the right to control use of the shooter’s name
    • In July, was quoted in The Deal article about a liquidity crunch at MLM Rodan + Fields (article may be behind a paywall)
    • Was quoted in July 15 The Wall Street Journal article about the effect of two recent Supreme Court decisions on FTC’s regulation of deceptive advertising practices
    • Was quoted in July 17 Northeastern Global News article and July 23 Vanity Fair article about the use of music at political rallies
    • Was quoted in July 22 article on Sportico and MSN about a trademark dispute between Troy Aikman and Lamar Jackson
    • Was quoted in July 24 World Trademark Review article on the anniversary of Twitter’s rebrand to X
    • In July, was interviewed on the Business Scholarship Podcast with Professor Andrew Jennings about Professor Roberts’ article Multi-Level Lies, which is forthcoming in UC Davis Law Review. The podcast episode is available on Apple, Spotify, YouTube, and Direct.
    • Was quoted in August 5 FastCompany article“Why Zillow Gone Wild is being sued for alleged copyright infringement”
    • Was quoted in August 8 Boston Globe article “Missed the Taylor Swift tour? New Hampshire may have the Eras experience you need” about a Taylor Swift impersonator
    • Was interviewed for August 16 posts on NBC News’ TikTok and Instagram over generative AI’s use of copyrighted characters
    • Was quoted in August 27 Northeastern Global News article “Can Jools Lebron still trademark ‘Very Demure, Very Mindful’? Legal expert explains her options” about trademark rights in a viral catchphrase
    • On August 22, posted a draft of article Dupes on SSRN
    • Wrote August 30 explainer for MSNBC about the trademark dispute over the phrase “very mindful, very demure,” created by a TikTok star 

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

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

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)

    • Spoke in the session “Fair Use and AI: A Debate” at the CSUSA Annual Meeting, held in Cleveland, Ohio from June 9-11
    • As part of the online WIPO-U.S. Summer School on IP
      • On June 6, taught the session “Fundamentals of Trade Secrets”
      • On June 7, taught the session “Real-World Value of Trade Secrets in a Global Innovation Economy”
      • On June 7, taught the simulation exercise “Best Practices for Protecting Trade Secrets”
      • On June 7, moderated the panel “Trade Secrets in Global Business”
    • With Emily Michiko Morris and Joshua Kresh, submitted comments “In Response to Notice of Proposed Rulemaking on Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting” on July 9
    • Participated in C-IP2’s July 18-19 Copyright Roundtable in Park City, Utah 

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

Dr. Bhamati Viswanathan (C-IP2 Scholar; Assistant Professor of Law, New England Law | Boston)

    • Was quoted in June 21 Wired article about “AI-powered search startup Perplexity” and plagiarism allegations
Scholarship & Other Writings

Kristina M.L. Acri née Lybecker, Injunctive Relief in Patent Cases: the Impact of eBay (June 14, 2024). Under review for publication in the Harvard Journal of Law & Technology.

Jonathan Barnett, “The Antitrust Revolution That Mostly Wasn’t and Probably Won’t Be,” Network Law Review (June 27, 2024)

Jonathan Barnett, “Democracies’ Advantage: Leveraging Innovation Coalitions to Meet the Autocratic Challenge,” Center for Strategic & International Studies (CSIS) (June 20, 2024)

Jonathan Barnett, “Illusions of Dominance: Revisiting the Market Power Assumption in Platform Ecosystems,” ABA (August 21, 2024)

Jonathan M. Barnett, “Why Robust Intellectual Property Rights in Wireless Technologies Are a National Security Imperative,” Hudson Institute (August 23, 2024)

Susan G. Braden, “An Odor of Mendacity: The Campaign to Finalize NIST’s Patent “March-In” Rights Guidance,” Washington Legal Foundation (August 19, 2024)

Tabrez Ebrahim, Data in Business & Society (June 26, 2024). Lewis & Clark Law Review, Vol. 28, Issue 2 (2024)

Jon M. Garon, How AI, Metaverses, Crypto, and Cyber will Upend the 21st Century (Edward Elgar Publishing 2024) [View press release for the new book]

Jon Garon, Prometheus’ Digital Fire: The Civic Responsibilities of Artificial Intelligence, 20 Ohio State Tech. L. J. 225 (2024)

Justin Hughes, “NO FAKES Act: Unpacking the New Bipartisan Bill on Digital Replicas,” C-IP2 Blog (August 1, 2024) – Originally posted on the Patently-O blog and cross-posted with permission from both Patently-O and the author

Gus Hurwitz, “The Legality of the FTC’s Noncompete Ban Is Less Certain than Masur and Posner Suggest,” ProMarket (June 13, 2024)

Masami Kawase, Estimating patent value in the United States and Japan, World Patent Information (Volume 77, June 2024, 102280)

John Liddicoat & James Parish, “Comment on the ‘Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing’” (Comment to the USPTO, July 2024)

John Liddicoat et al, ‘New government drug repurposing programs: Opportunities and uncertainties’ (2024) 16(753) Science Translational Medicine eadl0998

Erika Lietzan, Petition Power (June 11, 2024). University of Missouri School of Law Legal Studies Research Paper No. 2024-17

Erika Lietzan, “User Fees Imposed by Federal Agencies,” The Regulatory Review (July 3, 2024)

Daryl Lim, “Innovation and Artists’ Rights in the Age of Generative AI,” SFS Georgetown Journal of International Affairs (July 10, 2024)

Daryl Lim & Peter K. Yu, The Antitrust–Copyright Interface in the Age of Generative Artificial Intelligence (March 3, 2024). Emory Law Journal, Vol. 74, 2025, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper

Keith Mallinson, “Declining SEP royalties payments yield rates significantly below licensors’ headline figures,” IP finance weblog (July 2, 2024)

Keith Mallinson, “European Commission’s proposed top-down approach would massively reallocate SEP royalties to China,” IP finance weblog (July 3, 2024)

Keith Mallinson, “Fool’s errand with fallacies in administrative essentiality checking,” IP finance blog (June 7, 2024)

Keith Mallinson, “Measuring value and royalty costs in standards and SEPs passed along the value chain to consumers,” IP finance blog (May 28, 2024)

Emily Michiko Morris, Mark F. Schultz, & Joshua Kresh, “In Response to Notice of Proposed Rulemaking on Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting” (July 9, 2024)

Alexandra Jane Roberts, Dupes (August 22, 2024)

Alexandra J. Roberts, “Oppressive and Empowering #Tagmarks,” in Feminist Cyberlaw, eds. Meg Leta Jones & Amanda Levendowski (University of California Press, 2024), 50-61

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, Gatekeeping Drugs (August 21, 2024). Northeastern University School of Law Research Paper Forthcoming. (This paper was supported by the 2023-2024 Thomas Edison Innovation Law and Policy Fellowship.)

Molly Stech, “Authors are Humans and Creativity is a Function of Humanness: What the Mannion Court Can Teach Us About Generative AI’s Relationship to Authorship,” C-IP2 Blog (July 30, 2024)