George Mason University Antonin Scalia Law School

C-IP2 Winter 2024 Progress Report (September-November 2024)

Warmest wishes for this holiday seasons and a Happy New Year from the C-IP2 team!
Headshot of Joshua KreshGreetings from C-IP2 Interim Executive Director Joshua A. Kresh

Reflecting on this vibrant winter season at the Center for Intellectual Property x Innovation Policy, I am filled with gratitude and excitement. As you can read in the report linked below, which covers this past September through November, we have been active and productive, hosting public and private events and supporting academic writing, including an amicus brief to the 9th Circuit submitted by Professor Sandra Aistars and Matthew Hersh, policy briefs on pending legislation (particularly a brief on RESTORE by Dr. Kristina Acri), and shorter articles on key issues including a blog post by Professor Emily Michiko Morris and Douglas Park on the FTC’s Orange Book challenges.

Our Edison Fellowship program continues to thrive. We held our second meeting of 2024-2025, and Fellows are currently finalizing drafts for our final meeting in January. We are also excited to welcome our 2025-2026 Edison Fellows soon.

The highlight over the past few months was undoubtedly our Annual Fall Conference, which was our best-attended event since the pandemic. Recordings are available online for those who missed the live sessions. We also convened our annual BioPharma roundtable, bringing together industry leaders and academics to discuss critical issues and explore future research opportunities.

We’ve expanded our network by welcoming new members to our Advisory Board and bringing on new Scholars and Practitioners in Residence to bring fresh perspectives and deep expertise to our mission.

These achievements are not possible without your continued support. Your commitment enables us to drive meaningful dialogue, research, and policy recommendations at the intersection of intellectual property and innovation. Looking towards spring, we have several exciting initiatives planned, including:

    • Scholarly and Policy writing on critical intellectual property issues,
    • Private roundtables with key stakeholders, and
    • Speaking engagements for our Scholars and Fellows at conferences, on podcasts, and in Congressional Hearings.

We are entirely funded by donations and rely on the generosity of our sponsors to continue our crucial work. Your support is the lifeblood of our mission, enabling us to conduct critical research, hold important conversations, and develop policy recommendations that can truly make a difference.

Additionally, we are seeking adjuncts and volunteers to support our Arts & Entertainment Advocacy Clinic and possibly our Entertainment Law class this spring. If you are interested in teaching an IP class at the law school or getting involved, please reach out to me directly at [email protected].

C-IP2 Hosted & Co-Hosted Events

Second Meeting of the 2024-2025 Thomas Edison Innovation Fellowship
On September 12-13, C-IP2 hosted the second meeting of the 2024-2025 Thomas Edison Innovation Law and Policy Fellowship at Scalia Law School. The meeting was a works-in-progress workshop, where the Fellows presented rough drafts of their papers and received valuable feedback from Distinguished Commentators and other Fellows.Group photo from C-IP2's September 2024 Edison Fellowship meeting

C-IP2’s 2024 Annual Fall Conference: The Importance of Exclusive Rights
C-IP2’s 2024 Annual Fall Conference explored 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. The conference featured former Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal.

    • Recordings of all conference sessions, including the fireside chat with Joshua Kresh, are available on the conference website and YouTube.
    • A blog post from C-IP2 Practitioner in Residence Keith Mallinson offers an overview of the panel “SEP Current & Proposed Regulations.”
    • A blog post from C-IP2 Senior Fellow for Innovation Policy & Senior Scholar Kristen Osenga gives a breakdown of the panel “Litigation Funding,” co-hosted with Scalia Law’s National Security Institute.
Photo of one of the Fall Conference panels in the Mason Square Auditorium
Panelists discuss “SEP Current & Proposed Regulations” on Day Two of the conference. Photo credit: Madison O’Connor
Photo of one of the Fall Conference panels in the Mason Square Auditorium
NSI Founder & Executive Director leads a discussion on “Litigation Funding” to wrap up Day One of the conference. Photo credit: Kristina Pietro
Scalia Law students pose for a photo with USPTO Director Kathi Vidal
Scalia Law students meet USPTO Director Kathi Vidal at the conference. Photo credit: Kristina Pietro

October 29 Virtual Legal Clinic: “Protect Your Body of Work”
The Scalia Law Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA) hosted a virtual legal clinic on October 29 on “how proper licensing can protect the rights of visual artists including tattoo artists, photographers, illustrators, and more.” The clinic followed on the submission of a policy brief recently submitted in the case Jeffrey B. Sedlik v. Katherine Von Drachenberg, Kat Von D, Inc., High Voltage Tattoo, Inc. by Clinic Director Professor Sandra Aistars and Matt Hersh (Mestaz Law): Brief of Tattoo Artists Ross C. Berg, Jonny Gomez, and Maxime Plesciabuchi in Support of Plaintiff-Appellant and in Support of Reversal (U.S. October 2024). Also joining the live clinic were photographer Jeff Sedlik, plaintiff in the above case; tattoo artist Ross Berg a.k.a. “Hot Scratcher,” and attorney Matt Hersh.

News & Speaking Engagements

Recent Amicus Briefs

    • C-IP2 Advisory Board Members the Hon. Randall Rader (Ret.) and former USPTO Director David Kappos and C-IP2 Senior Fellow for China IP & Scholar Mark A. Cohen submitted an amicus brief to the Shenzhen, China Intermediate Court on jurisdiction of Chinese courts over licensing rates of patent pools. Read more at China IPR.
    • In October, C-IP2 Senior Fellow for Copyright Research and Policy & Senior Scholar Sandra Aistars and Matthew Hersh (Of Counsel, Mestaz Law), along with the Arts & Entertainment Advocacy Clinic and Student Advocate Natalie Nachman, submitted “Brief of Tattoo Artists Ross C. Berg, Jonny Gomez, and Maxime Plesciabuchi in Support of Plaintiff-Appellant and in Support of Reversal” (U.S. October 2024) in the case Jeffrey B. Sedlik v. Katherine Von Drachenberg, Kat Von D, Inc., High Voltage Tattoo, Inc. —— Related Legal Clinic Event: On Tuesday, October 29, Professor Aistars, Mr. Hersh, and Ms. Nachman also discussed this case and other copyright issues with photographer Jeff Sedlik and tattoo artist Ross Berg (@hotscratcher) during a Virtual Legal Clinic entitled “Protect Your Body of Work.”

Other Writing

    • In a new C-IP2 policy brief, The Importance of Injunctive Relief and the RESTORE Patent Rights Act, Senior Scholar Kristina M.L. Acri née Lybecker (Professor of Economics and Business, Colorado College) looks at the challenges introduced to the U.S. patent system by eBay Inc. v. MercExchange LLC and how the RESTORE Patent Rights Act could “reestablish a rebuttable presumption of an injunction in favor of patent owners who prove their patents have been infringed. This would place the burden on the infringer to demonstrate that a permanent injunction is not warranted, eliminating the perverse incentives that encourage predatory infringement and encouraging preinfringement licensing negotiations.
    • Dr. Ani Harutyunyan and Dr. William Matcham, both 2022-2023 C-IP2 Edison Fellows, co-wrote a policy report (published September 30, 2024) on Patent Quality in the United States: Findings and Suggestions for Policymakers for the Sunwater Institute, along with co-authors Matthew Chervenak, Mark Schankerman, and Nishant Shrestha. Dr. Matcham graciously gives credit to connecting with Dr. Harutyunyan through C-IP2’s Edison Fellowship program for contributing to the strong final product of the report. Media mentions include the following:
        • The Council for Innovation Promotion (C4IP) featured the report in a September 30 posting and also hosted a briefing event for the launch of the above Policy Report (recording available)
        • The report was featured in September 30 MarketWatch article “Council for Innovation Promotion Celebrates Groundbreaking Sunwater Institute Study Combatting Harmful Patent Disinformation,” October 1 Law360 article “Nonprofit Finds Bad Patent ‘Epidemic’ Is Just A Myth,” October 2 IPWatchdog article “Patent Quality Report Finds Improper Patent Abandonment is Greater Issue Than Improper Grants,” and October 4 ClaimWise Weekly Newsletter post “Sunwater Institute Urges Critical Reforms to U.S. Patent System in New Policy Report”
        • The policy report was also mentioned in a November LinkedIn post by USPTO Expert Witness Julie Burke
    • C-IP2 Advisory Board Member Judge Paul R. Michel (Ret.), along with fellow C4IP member Judge Kathleen O’Malley (Ret.), co-wrote a September 24 letter in support of PERA to the Senate Committee on the Judiciary.

IPWatchdog LIVE 2024 featured C-IP2 Advisory Board Members the Hon. Andrei Iancu, the Hon. David Kappos, the Hon. Susan G. Braden (Ret.) (also C-IP2 Jurist in Residence), the Hon. Paul Michel (Ret.), Corey Salsberg (Novartis), and Hans Sauer (BIO) and C-IP2 Senior Fellow for China IP & Scholar Mark Cohen among their great lineup of speakers.

New Affiliates

    • In November, C-IP2 welcomed Dr. Ani Harutyunyan as a Practitioner in Residence: “Since my time as an Edison Fellow, C-IP² has been instrumental in supporting my work by providing a network, resources, and a platform to share my research. I am delighted to deepen this collaboration and continue working with C-IP² as a Practitioner in Residence.”
    • This September, we were pleased to welcome Keith Mallinson (Founder, WiseHarbor) as a Practitioner in Residence!
    • Welcome to Dr. William Matcham, who joined C-IP2 this October as a Scholar! Says Dr. Matcham, “I am very pleased to start as a C-IP2 Scholar. A primary aim of my work is to support and promote evidence-based policymaking in U.S. intellectual property rights. C-IP2 provides an excellent platform to pursue this endeavor.”

George Mason University in Biotechnology News: In an October 16 article from Richmond Inno, George Mason University is mentioned as a member of the Virginia Drug Discovery Consortium, which supports biotech startups.

News from Current and Former Edison Fellows

    • Mary Catherine Amerine (2022-2023 Edison Fellow; Visiting Associate Professor of Law and Frank H. Marks Intellectual Property Law Fellow, The George Washington University Law School)
    • Michael Goodyear (2023-2024 Edison Fellow; Acting Assistant Professor, New York University School of Law)
    • Dr. Gabriela Lenarczyk (2024-2025 Edison Fellow; Postdoctoral Fellow, Inter-CeBIL; Faculty of Law, University of Copenhagen)
      • In November, was ranked 7th among Poland’s top 35 lawyers under 35 in the competition organized by Wolters Kluwer Poland. Her participation in C-IP2’s Edison Innovation Fellowship is also mentioned.
      • On November 22, co-delivered a presentation at the University of Oxford Intellectual Property Law Discussion Group (IPDG) on “Code, courts, and confusion: The patentability puzzle of neural networks”
      • Recently published monograph Patent pledges na tle polskich instytucji prawnych, ze szczególnym uwzględnieniem licencji otwartej[Patent pledges against the background of Polish legal instruments, with particular emphasis on the License of Right’, book written in Polish] (Warsaw: Publishing House of ILS PAS; 2024) is “the first monographic treatment of the topic of patent pledges in continental law globally.”

* * *

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

    • On October 17, moderated the panel “Cross-Industry Exclusive Rights” at C-IP2’s 2024 Annual Fall Conference
    • Was interviewed for the October 27 IP Protection Matters episode “Patent Evergreening: The Data Just Doesn’t Add Up”
    • Participated in C-IP2’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

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)

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

    • On October 24, gave the 13th Annual Peter A. Jaszi Distinguished Lecture on Intellectual Property at American University Washington College of Law, speaking on “The Mysteries of Lorraine Hansberry: The Postmortem Afterlife of Copyright for Artistic Legacies”
    • Was mentioned in October 3 article “RA Pro Newsletter: Reclaiming Music Rights”
    • On November 6, served as moderator and panelist at Harvard Law School’s “Intellectual Property in Africa” workshop

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

    • New book, The Big Steal: Ideology, Interest, and the Undoing of Intellectual Property (Oxford University Press), is now available both at Amazon and Oxford University Press: “The book uncovers the overlooked synergies between ideological and business interests behind the weakening of U.S. patent and copyright protections over approximately the past two decades, in conjunction with the emergence of digital platforms in content and tech environments. An intellectual climate, business environment, and policy decisions that devalue intellectual property rights have produced a skewed ecosystem that favors platform-based and other integrated business models over the technology and content originators that drive and sustain the most robust innovation economies.”

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

    • On September 11, was interviewed by Compass Point Research & Trading LLC
    • On September 29, served as moderator and panelist for the panel “Perspectives on the State of U.S. Intellectual Property” with Dean Geibel (Chief Patent Counsel and Associate General Counsel, Samtec, Inc.) and Benjamin Weed (General Counsel, Ridge) at IP WATCHDOG LIVE 2024
    • On October 18, spoke on the panel “March-In Rights” at C-IP2’s 2024 Annual Fall Conference
    • On October 31, participated in the American Law Institute Revisors Committee Meeting on the Restatement of Copyright Law
    • Was mentioned in November 6 IPWatchdog post “Some First Reactions on What a Second Trump Presidency Will Mean for IP”
    • Participated in C-IP2’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

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

    • In September, was selected as a member of the newly reauthorized Copyright Public Modernization Committee (CPMC)
    • Helped organize a September 24 IP and Diversity Job Fair hosted by the Motion Picture Association (MPA), American University Washington College of Law, and C4IP. Ms. Carrington also spoke on the career panel and represented MPA at the table talk portion.
    • On September 20, participated in an AI & IP Roundtable hosted by the Hudson Institute that “[brought] together a select group of scholars and thought leaders to discuss recent legal and policy developments concerning AI and intellectual property rights.”

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

    • On September 4, spoke on the panel “Forging Critical Pathways to Mediation Success: A Candid Conversation with Top Mediators,” a webinar program sponsored by the Professional Liability Defense Federation
    • On September 13, was the keynote speaker at the virtual inaugural ABA Practice Development Institute and gave an address entitled “Turning Dreams into Reality: The Hustle Behind Building a Lasting ADR Practice”
    • On September 21, gave a presentation to the Board of Directors of the Asian Pacific American Lawyers Association of New Jersey on “The Roles and Responsibilities of a Nonprofit Board and its Members”
    • On October 9, conducted a mediation training program for the Maryland Appellate Court in Annapolis, MD on “Bracketing and Mediator’s Proposals”
    • On October 10, was a panelist on the American Arbitration Association’s New Arbitrator Roundtable in New York City, where Mr. Cheng discussed how to build a practice as a new arbitrator 

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 September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
    • Moderated the September 25 Federalist Society webinar “Talks with Authors: Nowhere to Live: The Hidden Story of America’s Housing Crisis”

Mark Cohen (C-IP2 Senior Fellow for China IP & Scholar; 2024-2025 Edison Fellow)

    • Spoke on September 11 hybrid Practising Law Institute (PLI) program entitled “Global IP Spotlight: China”
    • Participated as a Fellow in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
    • On September 30, spoke on the panel “Will China Replace the EU and the US as the World’s IP Leader?” at IPWatchdog LIVE 2024
    • Spoke on the October Practising Law Institute (PLI) program “Global IP Spotlight – China”
    • On October 7, spoke with USPTO Director Kathi Vidal on USPTO engagement in China for the program “Executive Roundtable on Technology Innovation in East Asia and the Role of Patents.” On October 8, he also served as speaker for the program “Executive Roundtable on West Coast Perspectives on The Latest on U.S.-China Relations.” These were programs 4 and 5, respectively, of 8 in the Asia Society of Northern California’s 2025 Seeking Truth Through Facts U.S.-China Program Series – On Tech Innovation in East Asia.
    • In October, gave a guest lecture on IP and innovation in China for Dr. Denis Simon’s class at Duke University
    • On October 18, spoke on the panel “SEP Current & Proposed Regulations” at C-IP2’s 2024 Annual Fall Conference

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)

    • Participated as a Distinguished Commentator in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA

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

  • Was mentioned in September 10 Patently-O post “2nd Innovator Diversity Pilots Conference: Advancing Inclusion in Innovation”
  • Presented on “Comparative Intellectual Property & Religion” at the October 17-19 American Society of Comparative Law’s (ASCL’s) 2024 Annual Meeting held at Texas A&M University School of Law in Fort Worth, TX
  • On September 20, served as a panelist at the 2nd Innovator Diversity Pilots Initiative Conference held in Atlanta, GA
  • Article Justice Tech was featured in November 27 Law360 piece “The Case for Co-Regulation of Justice Tech Platforms”

Gillian Fenton, Esq., CLP (C-IP2 Practitioner in Residence; Founder and Managing Director, LST Strategies LLC)

    • On September 12, participated as the invited speaker at an in-person event hosted by the D.C. Chapter of LES on the topic of “Navigating the US Manufacturing Requirement of the Bayh-Dole Act: Practice, Policy and Pitfalls”
    • Attended the Bayh-Dole Coalition’s September “Faces of American Innovation” event in Washington, D.C.
    • In October, participated in the CSIS LeadershIP Roundtable on CSIS’s IP Transition Report (Part 1 of 3)
    • On October 10, attended the Technology Council of Maryland’s 2024 Bio Innovation Conference
    • In October, gave an in-person presentation at an event hosted by the D.C. Chapter of LES entitled “Navigating the US Manufacturing Requirement of the Bayh-Dole Act: Practice, Policy and Pitfalls”
    • On October 17-18, attended C-IP2’s 2024 Annual Fall Conference
    • Attended the Licensing Executives Society (USA & Canada) October 20-23 2024 Annual Meeting in New Orleans, LA, serving as a panelist at two workshops (“The US Manufacturing Requirement of the Bayh-Dole Act – Analysis and Practical Tips” and “Problematic Provisions – Parts of IP Licenses that Nobody Likes to Deal With”)
    • In October, served as Instructor for the inaugural presentation of LES’s Negotiation Skills Course (intermediate level)
    • On October 28, spoke on the panel “The CDMO Surge & Potential IP Landmines in Outsourcing” at IPWatchdog’s Life Sciences Masters 2024™ conference in Ashburn, VA
    • In November, taught Legal and IP Modules of an LES course on Due Diligence
    • Participated in C-IP2’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

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 September, gave keynote address on “Online & Hybrid Pedagogy and AI: Intersections, Connections, and Opportunities” at the Online & Hybrid Learning Pedagogy: Toward Defining Best Practices in Legal Education conference hosted by University of Denver Sturm College of Law
    • Was interviewed for September 23 10,000 Startups Podcast episode on “The Influencer Economy”
    • Was featured in September 26 Mako Media article “Law professor publishes book on effects of emerging technology” on his book How AI, Metaverses, Crypto, and Cyber will Upend the 21st Century
    • At the September ABA Fall Business Law Section Meeting, spoke as a panelist on “Business Lawyer’s Guide to U.S. Privacy Laws 2024” and on “Say it with Pride: What Every Business Needs to Know about the Influencer Economy”
    • Served as a panelist on the September ABA Podcast Series webinar “Intersections of GenAI and Cybersecurity: Reckoning and Responding to the Risk”

Dr. Ani Harutyunyan (C-IP2 Practitioner in Residence; Director of Research, Sunwater Institute)

    • In November, joined C-IP2 as a Practitioner in Residence

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

    • Was mentioned in Rutgers Camden September announcement “Rutgers University–Camden Welcomes New Faculty Members for 2024–25 Academic Year”

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 September 16 New York Post story “TikTok grilled in appeals court as judges consider challenge to sale-or-ban bill”

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

Joshua Kresh (C-IP2 Interim Executive Director)

    • Organized and participated in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
    • On September 30, attended the 1st Annual Digital Piracy Symposium “21st Century Piracy: A Discussion on Digital Piracy Harms and Solutions” of the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC)
    • Organized C-IP2’s October 17-18 2024 Annual Fall Conference and interviewed Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal for the keynote/fireside chat
    • Co-organized and led C-IP2’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

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 in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
    • On September 26-27, participated in a symposium at NYU Law School’s Engelberg Center entitled “Health Care at Reasonable Cost: The Hatch-Waxman Act at 40 and Beyond.” In the recording, Professor Lietzan discusses how the IRA drug price “negotiation” statute interacts with the Hatch-Waxman framework and explains “that the timing of the two frameworks are fundamentally misaligned, which may further undermine incentives to innovate.”
    • On October 8, participated in a Hudson Institute webinar entitled “Do Drug Patents Cause High Prices?” (recording available on YouTube), in which the speakers “discussed the importance of evidence-based policymaking, and the work that has been done to explore the connection between drug patents and drug prices.” Professor Lietzan focused on her 2023 paper Solutions Still Searching for a Problem, “which audited the primary empirical dataset offered to substantiate claims that pharmaceutical companies engage in ‘everg[r]eening.”” For further reading, see The “Evergreening” Metaphor, also by Professor Lietzan, which “explain[s] the basic conceptual flaw with the evergreening argument in more detail.”
    • Participated in C-IP2’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

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)

    • Served as chairperson for September 11 hybrid Practising Law Institute (PLI) program entitled “Global IP Spotlight: China”
    • Chaired the October Practising Law Institute (PLI) program “Global IP Spotlight – China”
    • Was mentioned in Penn State Dickinson Law October post “Associate Dean Daryl Lim Weighs In On DOJ Clearance Of Juniper Networks-HPE Merger”
    • Was mentioned in Penn State Dickinson Law October post “Associate Dean Daryl Lim Shares Insights at the CIArb-IPOS Conference on IP and Technology Dispute Resolution”

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)

    • Was mentioned in November AEI story “‘Propertizing’ Privacy: Evaluating the Merits of a Property-Based Approach to Personal Data Protection” regarding a December event

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

    • In September, joined C-IP2 as a Practitioner in Residence
    • On October 18, spoke on the panel “SEP Current & Proposed Regulations” at C-IP2’s 2024 Annual Fall Conference

Dr. William Matcham (C-IP2 Scholar; Assistant Professor (Lecturer) of Economics, Royal Holloway University of London)

    • In October, joined C-IP2 as a Scholar

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

    • Gave a presentation on “Cybersecurity and Intellectual Property” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)

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)

    • Gave a presentation on “Weak Pharma Patents” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)
    • Organized the October 18 panel “March-In Rights” for C-IP2’s 2024 Annual Fall Conference
    • Spoke on the November 19 Federalist Society panel “Does Jarkesy Doom the Preserve Access to Affordable Generics and Biosimilars Act?”
    • Co-organized and participated in C-IP2’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA

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

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

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

    • September Scalia Law faculty news announced role as an associate reporter for the American Law Institute to draft the Restatement (Fourth) of Property

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

    • On September 30, spoke on the panel “Overview, Best Practices, and Potential Solutions” at the 1st Annual Digital Piracy Symposium “21st Century Piracy: A Discussion on Digital Piracy Harms and Solutions” of the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC)
    • Gave the keynote address on “Copyright as a Matter of Style” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)
    • On October 22, gave an Intellectual Property and Technology Law Program Speaker Series lecture on “Copyright as a Matter of Style” at University of Illinois Urbana-Champaign School of Law in Champaign, IL 

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)

    • On September 27, presented on “IP, AT, and AAAs: What Intellectual Property Can Teach Antitrust About the War on Amazon Basics” at the Belmont University Law School Belmont Law Review Symposium
    • Signed September 18 and September 25 letters of law professors submitted to the Senate Judiciary Committee in support of PERA
    • Regarding the start of the Inventors Defense Alliance: Was quoted in September 19 IPWatchdog article “New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital,” September 19 Law360 article “New Patent Legal Group Launches To Assist Inventors” (see also post by the International Center for Law & Economics “Kristen Osenga on the Inventors Defense Alliance”), and IAM September 25 article “New lobby group to advocate for inventors using litigation finance”
    • Spoke on the panel “Litigation Funding” and moderated the panel “SEP Current & Proposed Regulations” at C-IP2’s 2024 Annual Fall Conference:
    • Was quoted in October 10 IPWatchdog business story “Inventors Group to U.S. Courts Committee: Don’t be Duped by Corporate Call for Litigation Funding Transparency”

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

    • Was quoted in October 21 Bloomberg Law article “NJ Transit Patent Immunity Claim Crosses Circuit-Court Divide” 

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)

    • In September, presented “Multi-Level Lies” at Seattle University School of Law’s faculty development series
    • In September, was quoted in AP News, Yahoo, FastCompany, ABCNews, Fox5 DC, and appeared on “In the Courts” with Katie Barlow, LiveNow Fox with Andrew Craft, CNN, and CBSNews discussing trademark issues around TikToker Jools Lebron’s “very demure, very mindful” phrase
    • Was quoted in a September 18 Northeastern Global News article about a stalled Prince documentary
    • In October, hosted an event on politicians’ unauthorized use of musician’s songs; the video is available here
    • Presented article Of Marks & Minors at the Suffolk University Sixth Annual Intellectual Property & Innovation Conference
    • Served as a commentator at the Harvard, NYU, and UPenn Trademark and Unfair Competition Scholarship Roundtable
    • Presented article Multi-Level Lies at the Boston University School of Law IP Workshop
    • Article Dupes was accepted by and is forthcoming in NYU Journal of IP & Entertainment Law
    • Was quoted in an October 11 Washington Examiner article about artists’ objections to politicians’ use of their songs
    • On November 14, participated in the Northeastern University School of Law event “Student Breakfast and Discussion with Practitioner-in-Residence Carrie Goldberg,” interviewing Ms. Goldberg of C.A. Goldberg, PLLC about her law practice and her book “Nobody’s Victim”
    • On November 21, served as a panelist and moderator/host for the panel event “Feminist Cyberlaw” at Northeastern University School of Law’s Center for Law, Information & Creativity (CLIC) (video to be added to the event page)
    • Was quoted in November 26 The Verge article “Bad influence” about a lawsuit one social media influencer brought against another alleging copyright infringement, misappropriation of likeness, unfair competition, and more
    • Professor Roberts’ new research (see 2024 article Dupes) was discussed in November 26 Northeastern Global News piece “From Drunk Elephant substitutes to Ray-Ban knockoffs, is that ‘dupe’ legal?”
    • Was quoted in November 29 Front Office Sports article “The PWHL Could Be Inviting a Date With Taylor Swift’s Legal Team” about Taylor Swift and the Toronto Sceptres

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

    • Was mentioned in September 10 Patently-O post “2nd Innovator Diversity Pilots Conference: Advancing Inclusion in Innovation”
    • On September 20, spoke on the panel “Diversity In Innovation: What We’ve Learned, What We Need to Know, and Where We’re Headed” at the Innovator Diversity Pilots Initiative Conference at Emory University Law School, Atlanta, GA
    • On September 25, spoke on “Balancing Artificial Intelligence Advancements and ESG Goals: Intellectual Property Perspectives” at the Multidisciplinary Summer School on Corporate Sustainability: ESG is Here to Stay at Università degli Studi di Padova in Padova, Italy
    • Spoke on “AI-Assisted Inventions and the USPTO Technology Transfer” at the October 3-4 International Conference on Emerging Issues in Intellectual Property Law in Salzburg, Austria (PDF program)
    • Spoke on the panel “AI Law, Policy, and Governance: Building Trust in the Age of Intelligent Machines” at the North Carolina Central University School of Law Technology Law & Policy Property Center’s October 11 2024 Annual Law and Technology Summit in Durham, NC
    • Spoke on “Artificial Intelligence and the Fluid Sealing Industry: Opportunities and Challenges” as Keynote Speaker for the October 22 2024 Annual Meeting of the Fluid Sealing Association in Denver, CO
    • Moderated the panel “Introduction to AI and Healthcare” at the October 25 Wake Forest Journal of Law and Policy Symposium, held at Wake Forest University School of Law in Winston-Salem, NC
    • Spoke on “How Artificial Intelligence will Reshape Law, Society, and Responsibility” for the October 29 Lifelong Learning Annual Fall Lecture at Wake Forest University in Winston-Salem, NC
    • On November 4, spoke on “Issues with Generative AI and Copyright, Trademark and Patent Law” at the LMU Law Review Symposium Fall 2024, A Changing Profession in a Changing World: Discussions on Artificial Intelligence and Climate Change in the Law, held at Lincoln Memorial University Duncan School of Law in Knoxville, TN (learn more about the panels)
    • On November 19, spoke on “Accountability, Responsibility, and Transparency in AI Patents” at the Faculty Work in Progress Talk at Elon University School of Law in Greensboro, NC 

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

    • On October 8, presented at Federalist Society event “The Future of Law in an AI World”
    • Narrated an explainer video (published October 21; animated by the Regulatory Transparency Project and already at over a quarter million views) about fair use after the Warhol decision

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)

    • Participated as a Distinguished Commentator in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
    • Moderated the panel “Continuation, Obvious Type Double Patenting, and Terminal Disclaimers” at C-IP2’s 2024 Annual Fall Conference
    • Participated in C-IP2’s November 22 roundtable on Intellectual Property & Biopharmaceutical Policy at Scalia Law School in Arlington, VA 

Ted Sichelman (C-IP2 Senior Scholar; Professor of Law, University of San Diego School of Law; Director, Center for Intellectual Property Law & Markets; Founder & Director, Center for Computation, Mathematics, and the Law; Founder & Director, Technology Entrepreneurship and Intellectual Property Clinic)

    • Participated as a Distinguished Commentator in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA

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

    • Participated as a Fellow in the September 12-13 Edison Fellowship Meeting at Scalia Law School in Arlington, VA
    • Attended the Copyright Society’s September 30 Copyright+Tech Conference at Fordham University Law School
Scholarship & Other Writings

Kristina M.L. Acri née Lybecker, The Importance of Injunctive Relief and the RESTORE Patent Rights Act (Ctr. for Intell. Prop. x Innov. Pol. Nov. 2024)

Sandra Aistars and Matthew Hersh, “Brief of Tattoo Artists Ross C. Berg, Jonny Gomez, and Maxime Plesciabuchi in Support of Plaintiff-Appellant and in Support of Reversal” (U.S. October 2024) — in the case Jeffrey B. Sedlik v. Katherine Von Drachenberg, Kat Von D, Inc., High Voltage Tattoo, Inc.

Jonathan Barnett, “AI Ecosystem Poses IP Risk and Antitrust Considerations,” Bloomberg Law (November 14, 2024)

Jonathan Barnett, The Big Steal: Ideology, Interest, and the Undoing of Intellectual Property (Oxford University Press) [Amazon | Oxford University Press]

Jonathan Barnett, An Unconventional View of Intellectual Property and Antitrust Policy (October 07, 2024). Competition Policy International, TechREG Chronicle (Sept. 2024), USC CLASS Research Paper No. 24-29 [PYMNTS | SSRN]

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

Theo Cheng, “Bracketing in Negotiations and Mediations,” New York State Bar Association Entertainment, Arts & Sports Law Journal Vol. 35 No. 3 (October 2024)

Tabrez Ebrahim, Comparative Intellectual Property & Religion (November 12, 2024). 14 IP Theory 1 (2024)

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

Tabrez Ebrahim, Justice Tech (November 12, 2024). 102 Denver Law Review Forum (2024)

Ani Harutyunyan, Matthew Chervenak, Mark Schankerman, William Matcham, & Nishant Shrestha, Patent Quality in the United States: Findings and Suggestions for Policymakers, Sunwater Institute (September 2024) [Dr. Ani Harutyunyan and Dr. William Matcham are both 2022-2024 C-IP2 Edison Fellows]

Dr. Gabriela Lenarczyk, Patent pledges na tle polskich instytucji prawnych, ze szczególnym uwzględnieniem licencji otwartej [Patent Pledges in the Context of Polish Legal Institutions, with Special Emphasis on Licences of Right], rev. Prof. Marek Salamonowicz; Prof. Marek Świerczyński. Warsaw: Publishing House of ILS PAS. ISBN: 978-83-66300-96-5 (2024)

Johnathon Liddicoat, Ashleigh Hamidzadeh, Kathleen Liddell, & Mateo Aboy, How many drugs are repositioned each year in Europe?, The Journal of World Intellectual Property published by John Wiley & Sons Ltd. (October 21, 2024)

Keith Mallinson, “Panel on ‘SEP Current & Proposed Regulations’ at C-IP2’s 2024 Annual Fall Conference,” C-IP2 Blog (November 20, 2024)

Peter S. Menell and Lateef Mtima, Exploring the Economic, Social, and Moral Justice Ramifications of the Warhol Decision (February 2, 2024). Columbia Journal of Law & the Arts, Vol. 47, 2024

Emily Michiko Morris & Douglas Park, “What the FTC Gets Wrong About the FDA’s Orange Book,” C-IP2 Blog (November 18, 2024)

Elisabeth Opie and Keith Mallinson, “To boost the EU’s global competitiveness, we must change course on industrial and innovation policy,” The Parliament Magazine (September 25, 2024)

Kristen Jakobsen Osenga, “Column: Senate bill would endanger medical research and innovation,” The Virginian Pilot (September 4, 2024)

Kristen Osenga, “Commentary: With two reforms, Congress can usher in a new era of American invention,” Richmond Times-Dispatch (November 19, 2024)

Kristen Osenga, “‘Litigation Transparency’ Proposal Would Give Big Tech a License to Steal,” San Marcos Record (October 30, 2024) [Also at Queen Creek Independent (October 31, 2024) & The Wilson Times (November 3, 2024) & The Richmond Observer (November 7, 2024) & Longview News-Journal (November 8, 2024)]

Kristen Osenga, “Panelists at George Mason’s IP conference debate litigation funding,” C-IP2 Blog (November 19, 2024)

Alexandra Roberts, “Service Dress: Trademark Law’s Secret Third Thing,” JOTWELL (September 4, 2024) (reviewing Dustin Marlan, Tertium Quid Unveiled: Trade Dress and Service Design, 58 UC Davis L. Rev. __ (forthcoming 2024/2025))

The Hon. Randall R. Rader, David J. Kappos, & Mark A. Cohen, TCL v. Access Advance, Shenzhen Intermediate People’s Court, Intellectual Property Division – Brief of Randall R. Rader, David J. Kappos and Mark A. Cohen (U.S. October 2024) [more information at China IPR]

W. Keith Robinson, Acing Intellectual Property: A Checklist Approach to Solving Intellectual Property Problems (2d ed. West Academic 2024)

Zvi S. Rosen, “What Does John Cage Have to Do with AI Authorship?,” Mostly IP History (November 29, 2024)