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From C-IP2’s 2022 Fall Progress Report (June-August 2022)

For all past C-IP2 Progress Reports, please see our list of all blog posts

The Institute for Digital Innovation (IDIA)—which has partnered with the Innovation Law Clinic, founded by C-IP2 Faculty Director Seán O’Connor—was mentioned in a June 14 Free Lance Star article by Michael Martz (Richmond Times-Dispatch).

This summer, we were honored and delighted to welcome to our team of C-IP2 affiliates a number of academics we admire and with whom we look forward to working!

    • Senior Fellow for Trademarks: Professor Alexandra Jane Roberts
    • Senior Scholars: Professor Daniel Cahoy, Professor Justin (Gus) Hurwitz, Professor Steven Jamar, Professor Adam MacLeod, Professor Lateef Mtima, Professor Michael Risch, Professor Keith Robinson, Professor Brenda Simon, and Professor Saurabh Vishnubhakat
    • Scholars: Professor Lolita Darden, Dr. Charles Delmotte, Professor Gerardo Con Díaz, Professor Laura Ford, Professor Zvi Rosen

C-IP2 was mentioned on Newswire’s article “National Vaccine Law Conference to Discuss & Debate Legal Aspects of Vaccines & Immunization in Virginia September 15-16″ as a co-host and partner of the conference.

 C-IP2 Scholar Lolita Darden & Senior Scholar Lateef Mtima served as Additional Counsel for the following amicus brief: The Andy Warhol Foundation for the Visual Arts, Inc., v. Lynn Goldsmith and Lynn Goldsmith, Ltd., Brief of Amici Curiae Institute for Intellectual Property and Social Justice and Intellectual-Property Professors in Support of Respondent (U.S. August 15, 2022). The brief was also signed by Faculty Director Sean O’Connor, Senior Scholar Steven Jamar, and Edison Distinguished Commentator Justin Hughes.

C-IP2 Managing Director Joshua Kresh and Senior Fellow for Life Sciences and Scholar Emily Michiko Morris organized and signed following brief: Novartis Pharmaceuticals Corporation v. Accord Healthcare Inc., etc.Brief of Amici Curiae Intellectual Property Law Professors in Support of Novartis Pharmaceuticals Corporation’s Petition for Panel and En Banc Rehearing (U.S. August 4, 2022). The brief was also signed by Senior Scholars Kristen Osenga, Mark Schultz, and Ted Sichelman.

C-IP2 Senior Fellow for Copyright Research and Policy and Senior Scholar Sandra Aistars organized and signed the following brief: Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC, Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022). The brief was also signed by Faculty Director Sean O’Connor; Managing Director Joshua Kresh; Senior Fellow for Innovation Policy & Senior Scholar Jonathan Barnett; Senior Scholars Jon Garon, Eric Priest, and Mark Schultz; and Scholars Christopher Newman and Zvi Rosen.

C-IP2 Senior Fellow for Life Sciences Emily Michiko Morris has provided an analysis of Senator Tillis’s Patent Eligibility Restoration Act of 2022 bill, an important amendment to § 101 that would create valuable certainty in an area that has been murky for more than a decade.

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

    • On June 13, taught “Fundamentals of Copyright” and moderated the panel “Copyright in the Creative Industries” during the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP2
    • On June 14, spoke with Suzanne Wilson, General Counsel and Associate Register of Copyrights at the U.S. Copyright Office, in a Fireside Chat as part of the WIPO-U.S. Summer School on IP
    • On June 21, participated in a virtual Copyright Claims Board Roundtable event
    • Organized and signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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

    • On June 6, taught “Overview and Economics of Intellectual Property” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP2
    • On June 15, spoke on the virtual panel “The U.S. Innovation System in a Changed World,” which was co-hosted by C-IP2 and the Smithsonian’s Lemelson Center for the Study of Invention and Innovation
    • On June 22, spoke on “How Patents Drive Innovation and Growth: Insights from the Route 128 Tech Ecosystem” at a virtual Legislative Committee event hosted by the Boston Patent Law Association
    • On June 27, spoke on “Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking Initiative” at a symposium on the Rulemaking Authority of the Federal Trade Commission in Washington, D.C.
    • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)
    • On August 15, appeared on Information Technology and Innovation Foundation’s podcast Innovation Files in the episode “What Happens to the Economy When Patent Protections Are Weakened, With Jonathan Barnett”
    • On August 18, was mentioned in a CBR (Comic Book Resources) article “Warner Bros. Discovery’s Batgirl Cancellation Raises Antitrust Concerns, Warns Law Professor”

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

    • On June 3, attended USPTO Public Patent Advisory Committee (PPAC) Meeting with Undersecretary of Commerce for Intellectual Property and Director USPTO
    • On June 7, co-taught “Enforcing Rights: U.S. Patent Litigation” with Joshua Kresh at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP2
    • On June 9, attended United Inventors Association Board of Director Meeting
    • On June 13, attended USPTO PPAC Meeting with Chief Policy Officer and Director for International Affairs and Director of Government Affairs and Oversight and attended PPAC Executive Meeting on Patent Quality
    • On June 14, attended Public Session of USPTO PPAC and Meeting with USPTO’s Chief Information Officer
    • On June 15-18, attended Federal Circuit Bar Association Meeting in Sea Island, Georgia
    • On June 29, attended inaugural AI & Emerging Technology Partnership Meeting
    • On July 28, met with the USPTO CIO regarding the agenda for the August 9 public USPTO PPAC Meeting
    • On July 26, taught Civil Trial Litigation and Management (Including Patent Infringement Cases) to Community Court of Justice (ECOWAS), International Law Institute, Georgetown
    • On July 31, hosted a dinner party for the Ambassador to the United States from Niger to discuss IP law and enforcement in Niger
    • On August 1, attended a PPAC Executive Meeting
    • On August 4, ABA IP Section Council Dinner, Chicago
    • On August 5, PPAC Finance Subcommittee Meeting
    • On August 8, attended a PPAC Executive Meeting
    • On August 9, attended a PPAC Public Meeting (Presenter IT/AI Subcommittee)

Daniel R. Cahoy (C-IP2 Senior Scholar; Robert G. and Caroline Schwartz Professor, The Pennsylvania State University’s Smeal College of Business; Research Director, Center for the Business of Sustainability)

    • In August, joined C-IP2 as a Senior Scholar

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

    • On June 16, participated in a discussion hosted by the Recording Academy/GRAMMY Advocacy, entitled “What You Need To Know About The Copyright Claims Board”
    • On June 30, spoke on a panel hosted by the Hudson Institute, entitled “What the Copyright Claims Board Means for Creators” (a recording of the panel is available here)
    • On July 12, spoke on a panel hosted by the Authors Guild on the “Copyright Claims Board: What Authors & Agents Should Know” (recording available here)

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

    • On June 1-3, served on the faculty of the 15th Annual ABA Arbitration Training Institute at Loyola University Chicago School of Law
    • In June, was invited by the College of Commercial Arbitratorsto join the College as a Fellow: “Established in 2001, the CCA is the world’s most prestigious ADR professional organization, defining and promoting the highest standards of arbitrator ethics, standards of conduct, and best practices. The CCA is an invitation-only organization that provides a meaningful contribution to the profession, the public, the legal sector, and to the businesses that implement commercial arbitration as a means of dispute resolution. The Fellows of the CCA are the elite within the profession. They have the professional training, judgment, and years of experience to undertake the most complex and difficult commercial arbitration assignments.”
    • Between June 1-3, 2022, served on the faculty of the ABA’s Arbitration Practice Development Program & 15th Annual Arbitration Training Institute, which was held at Loyola University Chicago School of Law. Specifically, Mr. Cheng spoke on programs relating to developing an arbitration practice, initiating arbitration proceedings, conducting preliminary hearings, and arbitration award-writing and post-award issues. Agenda at this link.
    • On June 23, 2022, spoke at the meeting of the Regional CCA Fellows Meeting on the topic of “Managing Virtual Hearing Exhibits”
    • On June 29, 2022, was a speaker on a panel hosted by Consolidated Edison entitled “Negotiating a Settlement in Mediation”
    • In July, Mr. Cheng’s latest column in his Resolution Alleyseries was published in the New York State Bar Association’s Entertainment, Arts & Sports Law Journal entitled, “‘The Slap’ and Emotions in Conflicts and Disputes.”
    • On July 13, 2022, gave a presentation to the ABA Dispute Resolution Section’s Mediation Committee entitled “A Refreshed Way to Deliver the Mediator’s Proposal”
    • On July 13, 2022, also participated in two panel programs that were a part of the New York State Bar Association’s Comprehensive Commercial Arbitration Training For Arbitrators And Counsel. The first panel addressed “Arbitration Ethics,” and the second panel addressed “Perspectives on Practice Development in the Arbitration World.” Program details at this link.
    • On July 19, 2022, was a co-speaker on a program presented to the New York State Office of the Attorney General entitled “Using Alternative Dispute Resolution to Address Intellectual Property Rights in the Employment Context”
    • On July 27, 2022, was a panelist on a program sponsored by the ABA Dispute Resolution Section’s ADR Practice Management, Business and Skills Development Committee entitled “Captivating Conversations that Connect and Convert: Best Practices for Marketing Your ADR Practice Online.” More details at this link.
    • On August 2, 2022, gave a presentation to the Asian Pacific American Lawyers Association of New Jersey on “The Roles and Responsibilities of a Nonprofit Board and its Members”
    • On August 26, 2022, gave an orientation to arbitration presentation to the New York Law School Dispute Resolution Team, and will be giving a longer training session to the team on September 30th

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

    • On August 29, was mentioned on the American Law Institute’s website as being a speaker at the upcoming 19th Annual Brigham-Kanner Property Rights Conference on September 29-30

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

Dr. Charles Delmotte (C-IP2 Scholar; Assistant Professor, Michigan State University College of Law; Affiliate Fellow, New York University School of Law Classical Liberal Institute)

    • In July, joined C-IP2 as a Scholar
    • In August, was interviewed for the Detroit Legal News article “NYU tax scholar joins faculty at Michigan State law school”

Gerardo Con Diaz (C-IP2 Scholar; Associate Professor, Science and Technology Studies, UC Davis College of Letters and Science

    • In July, joined C-IP2 as a Scholar

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

    • Participated as a discussant at the University of Houston Law Center’s Institute for Intellectual Property & Information Law’s National Conference
    • Co-organized a June 17 Symposium on Data in Cyber-Physical Systems, for the Center for Legal & Court Technology at William & Mary
    • On July 22, participated in a workshop for Digital Platforms as Enabling Access & Delivery of Legal Services during the virtual First Annual Olivas Writing Institute
    • On July 31, presented on Quantum Standards Development Organizations and their Patent Policies during a panel on “Intellectual Property and Web3” as part of the 2022 Southeastern Association of Law Schools (SEALS) Conference in Miramar Beach, Florida
    • In August, spoke on “Quantum Standards Development Organizations and their Patent Policies” at the 19th Annual IP Scholars Conference (IPSC), Stanford Law School, and at the Junior IP Scholars Association (JIPSA), Univ. of California, Berkeley School of Law

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

    • In July, joined C-IP2 as a Scholar

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)

    • Participated in the University of New Hampshire Franklin Pierce Law School, Intellectual Property Summer Institute, creating and teaching a new course entitled “Regulatory and Contractual Aspects of Web3 and the Metaverse”
    • In July, offered an all-day intellectual property training program for Blue Ridge University entitled Understanding Intellectual Property for the Emerging Business
    • In July and August, presented and moderated a series of panels at the Southeastern Association of Law Schools, including the following:
      • Intellectual Property, NFTs, and Collective Creation
      • Rethinking the Scholarship Submission Process and the Role for Law School Scholarship
      • Workshop on Advancement: Effective Development and Management of Advisory Boards
      • Workshop on Online Education: Online & Hybrid Learning Pedagogy Best Practices and Standards Development
      • Workshop on Online Education: The Changing Online Landscape
      • Constitutional Law Workshop: Is the U.S. Democratic System in Trouble?
      • Workshop on Online Education: Lessons from the Research on Online Legal Education
      • Is Section 230 Unconstitutional? Should it be modified?
    • Signed Brief of Amici Curiae Professors and Scholars of Copyright Law in Support of Plaintiffs and in Opposition to Internet Archive (U.S. August 5, 2022)

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

    • On June 9, taught a Simulation Exercise on “Transfer of Technology and Licensing” at the virtual WIPO-U.S. Summer School on Intellectual Property, hosted by C-IP2

Dr. Bowman Heiden (C-IP2 Scholar; Co-Director, Center for Intellectual Property (CIP), University of Gothenburg, Visiting Professor, University of California, Berkeley)

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

    • On July 29, was mentioned in a Patently-O blog post, “The Sound of Silence and the Inherency Doctrine for Written Description”
    • On August 9, was mentioned in the Patently-O post, “Novartis En Banc and Amicus Support”
    • On August 25, was mentioned in the Patently-O post, “Decisions by the Court as an Institution; or by the Judge as a Human?”

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

    • Congratulations to Camilla Hrdy, who—as of August 2022—is now Professor of Intellectual Property Law at the University of Akron School of Law!

Justin (Gus) Hurwitz (C-IP2 Senior Scholar; Professor of Law, The Menard Director of the Nebraska Governance and Technology Center and the Co-Director of the Space, Cyber, and Telecommunications Law Program, University of Nebraska-Lincoln College of Law)

    • Joined C-IP2 as a Senior Scholar in July 2022

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

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

    • In June 23, was mentioned in a Harvard Law School Forum on Corporate Governance post “Proposal on Climate-Related Disclosures for Investors”
    • On July 19, was mentioned in the Blog of the European Journal of International Law’s post “ISDS reform and air guitar: A response to Grant and Kieff”
    • On July 31, was mentioned in the Blog of the European Journal of International Law’s post “Two Weeks in Review, 18 July – 31 July”

Joshua Kresh (C-IP2 Managing Director)

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

    • On June 10, gave a presentation entitled ‘Repositioning Generic Drugs: Empirical Realities’ at the Munich Summer Institute (Bavarian Academy of Sciences and Humanities, Munich, Germany)
    • On June 20, gave a presentation entitled ‘Our repurposing story’ at the CeBIL Retreat at the University of Copenhagen in Denmark
    • With colleagues, was cited and quoted in the USPTO’s Report to Congress entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States”

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

    • On June 15, spoke on the panel “Top Cases in Food and Drug Law” at the Food and Drug Law Institute’s 2022 Annual Conference in Washington, D.C.
    • In August 2022, released the fifth edition of the book Food and Drug Law with co-authors Peter Barton Hutt, Richard A. Merrill, Lewis A. Grossman, Nathan Cortez, and Patricia J. Zettler.

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 Dickinson Law)

    • Congratulations to Professor Lim, who has accepted a new position at The Pennsylvania State University’s Dickinson Law School!
    • Spoke at the Artificial Intelligence and Intellectual Property Rights Conference, which was hosted in Switzerland from June 9-11 by the Swiss Federal Institute of Intellectual Property (IPI) and the University of Zurich Center for Intellectual Property and Competition Law (CIPCO)
    • Spoke on “IP and Tech: Is Past Prologue?” and served as a panelist for “Future Policy at the United States Patent and Trademark Office – Transformation or Status Quo” at the 37th marcus evans IP Law Summit, which was held from June 26-28 in Chicago, Illinois
    • Spoke on “Semiconductor M&A and IP Protection under the Epidemic” at the 2022 Jiwei Semiconductor Summit, which was held from July 15-16 in Xiamen, China 

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)

    • Joined C-IP2 as a Senior Scholar in July 2022

Emily Michiko Morris (C-IP2 Senior for Life Sciences and Scholar; C-IP2 2021-2022 Edison Fellow; David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law)

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

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

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

Kristen Jakobsen Osenga (C-IP2 Senior Scholar; Austin E. Owen Research Scholar and Professor of Law, University of Richmond School of Law)

Eric Priest (C-IP2 Senior Scholar; Associate Professor, 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)

    • Joined C-IP2 as a Senior Scholar in July 2022
    • On August 11, spoke on “Growth of Trade Secrets in Patent Cases” at the IP Scholars Conference at Stanford Law School

Alexandra Jane Roberts (C-IP2 Senior Fellow for Trademarks; Professor of Law and Media, School of Law and Department of Music, College of Arts, Media and Design (CAMD), Northeastern University)

    • Joined C-IP2 as Senior Fellow for Trademarks in August 2022
    • Was quoted in the August 3 Protocol article “What’s in a name? If the name is Meta, a lawsuit.” by Issie Lapowsky
    • Was quoted in the August 24 Fast Company article “Is that shirt a Gucci . . . or a Cuggl?” by Elizabeth Segran
    • Was quoted in the August 30 Bloomberg Law article “Trump’s ‘Truth Social’ Trademark Loss More Detour Than Roadblock” by Riddhi Setty

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

    • Joined C-IP2 as a Senior Scholar in July 2022
    • Organized and moderated a July 31 panel on IP and Web 3 at the 2022 SEALS conference
    • On August 5, was quoted in the Raleigh News & Observer paper on a patent infringement case

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

Mark F. Schultz (C-IP2 Senior Scholar; Goodyear Tire & Rubber Company Chair in Intellectual Property Law, University of Akron School of Law; Director, Center for Intellectual Property Law and Technology)

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

    • In July, presented an article on immigration at the Global Meeting on Law and Society in Lisbon, Portugal
    • The week of August 8, presented own Edison Fellowship article at the Junior IP Scholars Conference at Berkeley Law, and presented an article on an empirical examination of patent law and venue at the 2022 Intellectual Property Scholars Conference at Stanford Law
    • Is participating on the consultative group to the Administrative Conference of the United States (ACUS) for the project they are undertaking on the U.S. Patent Small Claims Court

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)

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

    • Joined C-IP2 as a Senior Scholar in July 2022
    • In August, was appointed the “ProFlowers Professor of Internet Studies” at California Western School of Law

Saurabh Vishnubhakat (C-IP2 Senior Scholar; Professor of Law and Director, Intellectual Property and Innovation Law Program, Yeshiva University Benjamin N. Cardozo School of Law)

    • Joined C-IP2 as a Senior Scholar in July 2022