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From C-IP2’s 2022 Summer Progress Report (March-May 2022)

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

We are pleased to welcome and announce the academics who have joined C-IP2 over the course of March through May 2022 as Scholars: Dr. Bowman Heiden and Professor Toshiko Takenaka.

Dr. Bowman Heiden, along with co-authors Drs. Rudd Peters and Igor Nikolic, posted their book chapter “Designing SEP Licensing Negotiation Groups to Reduce Patent Holdout in 5G/IoT Markets,” which is part of the upcoming book project 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things, co-edited by Professors Jonathan Barnett and Sean O’Connor.

The virtual 7th Annual Advanced Patent Law Institute was co-hosted by George Mason University Antonin Scalia Law School and the University of Texas School of Law on March 15-17, 2022. Included among the planning committee and speakers were C-IP2 Advisory Board Members the Hon. Paul Michel and Mr. David J. Kappos; Senior Scholar Prof, John F. Duffy; and Scholar Prof. Dmitry Karshtedt.

Several C-IP2 affiliates—including the Hon. Paul Michel (ret.), Prof. Chris Holman, Prof. Erika Lietzan, and Prof. Kristen Osenga—signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act.

IP at Scalia Law – In the new U.S. News Rankings, Antonin Scalia Law School’s Intellectual Property subject area is now ranked as a Top 20 IP program.

Mason Gold – C-IP2 congratulates George Mason University on its 50th birthday, which the university celebrated on Thursday, April 7!

Changes to Mason in Arlington, Virginia, home of Antonin Scalia Law School – On April 6, the groundbreaking ceremony was held for Fuse at Mason Square (formerly the Arlington Campus). Read more about Mason’s future plans in Arlington at Virginia Business and ARLnow.

  

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)

    • From March 24-25, participated as a Fellow during the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
    • On March 30, participated as a panelist for the webinar “My AI Wrote This; Can I Get a Copyright?,” which was hosted by ACT | The App Association (to learn more and to view a recording of the panel, please click here)
    • From March 31-April 1, served as a paper commentator for the Law & Economics Center’s Research Roundtable, The Data-Competition Interface
    • Organized and hosted an online discussion with Dr. Ryan Abbott, Attorney of Record for the claimant seeking to register A Recent Entrance to Paradise, the visual artwork of an AI, unassisted by a human, for copyright protection with the United States Copyright Office, examining the legal and policy implications of the Office’s refusal to register on March 17, 2022. A recording of the event can be found here, and please also see this C-IP2 blog post by Prof. Aistars about the event.
    • Organized and supervised clinic student participation in a virtual April 12 event entitled Protest and Political Art: What Does the Law Allow? Co-hosted by the Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for the Arts (WALA), the event featured photographer and documentarian Michele McMahon and included an audience Q&A. The students presented legal information concerning copyright, right of publicity, privacy, and other related issues implicated by covering protest marches and licensing images for commercial use.
    • Organized and participated in the April 14 fireside chat with GRAMMY Award-winning composer Maria Schneider
    • On April 22, spoke on a panel at the Fordham 29th Annual IP Conference
    • Organized and participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP2 hosted in California from April 28-29
    • On May 9, attended the Association of American Publishers (AAP) 2022 Annual General Meeting

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

    • Was co-lead author with Prof. Adam Mossoff for regulatory submission Response to Call for Views on Standard-Essential Patents and Innovation, which was submitted to United Kingdom Intellectual Property Office on March 1
    • On April 5, spoke on the panel “Competition and Intellectual Property: How to Create a Diverse Innovation Ecosystem?” at LeadershIP 2022 in Washington, D.C.
    • Was quoted in an April 7 IPWatchdog article by Eileen McDermott entitled “O’Malley, Kappos, Michel and Other Experts Debate How Anti-IP Narratives are Threatening U.S. National Security”
    • On April 21, spoke at EUI Florence School of Regulation Standard Essential Patents: The Evolving Framework conference
    • On May 9, with Prof. Adam Mossoff, submitted a comment to the EU Commission regarding SEPs. The signees included by C-IP2 Faculty Director Sean O’Connor; C-IP2 Board of Advisors members Bowman Heiden, the Honorable Andrei Iancu, the Honorable David Kappos, the Honorable Judge Paul Michel, and the Honorable Judge Randall Rader; C-IP2 Senior Scholar Kristen Osenga; and Scalia Law professors the Honorable Joshua Wright and John Yun. (Click here to read the comments; click here to read the related May 17 IPWatchdog post by Steve Brachmann.)

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

    • From March 9-10, participated in the USPTO Patent Advisory Committee Public Meeting
    • Participated in the Leahy Institute of Advanced Patent Studies, the 77th Annual Conference by the Naples Roundtable, which was held online from March 16-18
    • On April 5, attended the ABA-IPL Section Leadership Dinner
    • On April 26, attended the AI Committee Meeting, Administrative Conference of the United States

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

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

    • In March 2022, latest Resolution Alley column, entitled “Handling Seemingly Irreconcilable Expert Opinions,” was published in the New York State Bar Association Entertainment, Arts & Sports Law Journal (Resolution Alley is a regular column Mr. Cheng writes that addresses the use of ADR in the entertainment, arts, and sports industries)
    • On March 2, gave a presentation to the Allegheny County Bar Association ADR Committee on “Key Issues and Considerations for Conducting Remote Mediations”
    • On March 9, gave a presentation to the American Arbitration Association’s West Coast Roundtable entitled “Do You Know When and How an Arbitrator Can Issue a Third-Party Discovery Subpoena?”
    • On March 14, was a panelist on a program entitled “ADR Ethics and Inclusion – How We Can Do Better,” which was sponsored by the New York State Bar Association Commercial and Federal Litigation Section
    • On March 28, gave a guest lecture in Joan Stearns Johnsen’s Mediation Advocacy class at the University of Florida Levin College of Law
    • On March 28, served as a facilitator for a Commercial and Employment Law Practice Group (for mediators) sponsored by the Association of Conflict Resolution of Greater New York
    • On April 18 and April 28, 2022, trained a group of mediators on “Remote Mediation Using Zoom” and “Ethics Issues and Standards of Conduct” for the New Jersey Institute for Continuing Legal Education
    • On April 19, 2022, gave a guest lecture in Norman Feit’s Commercial Litigation Drafting and Mediation class at Fordham University School of Law
    • On May 3, gave a presentation to the ABA Section of Dispute Resolution’s Early Dispute Resolution Committee on “A New Way to Deliver the Mediator’s Proposal”
    • On May 18, participated in a panel presentation given at the New Jersey State Bar Association’s Annual Meeting in Atlantic City entitled “Practical Tips to Enhance the Mediation Process” (click here for more information)
    • On May 19, spoke on a panel hosted by the International Institute for Conflict Prevention and Resolution entitled “When to Consider Mediation and How to Identify Opportunities for Settlement” (click here for more information)
    • On May 24, spoke on a virtual program hosted by the New York City Bar Association entitled “Adding Mediating to Your Career: How to Get Started in 2022”

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

    • From March 24-25, participated in the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship

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)

    • Served as a speaker and on the planning committee for the 7th Annual Advanced Patent Law Institute, which was co-hosted virtually by George Mason University Antonin Scalia Law School and the University of Texas School of Law on March 15-17
    • From March 24-25, served as a Distinguished Commentator during the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship

Tabrez Ebrahim (C-IP2 Scholar; Associate Professor, California Western School of Law)

    • On April 22, spoke on a panel on “Technology, Regulation, and Economic Development” at the State Level Issues in Technology, Regulation, and Economic Development conference, which was hosted by the Nebraska Governance and Technology Center
    • In May, became a Visiting Scholar at University of Texas at Austin McCombs School of Business 

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 March, served as a panelist for the Dean’s Roundtable, Master of Jurisprudence Consortium Conference, University of Arizona
    • On March 25, presented “AI Goes to War: From Alexa to Terminator – How to Assure Corporate Accountability for Algorithmic and Autonomous Machine Atrocities in Cyberwarfare” at the Law Review Symposium on Artificial Intelligence and the Law at the Northern Kentucky University Salmon P. Chase College of Law
    • On April 26, presented on “Cyberfog: The use of AI, Bots, and Synthetic Media in International Conflicts and Terrorism” at the 62nd CICA International Conference on Security, Threads for Peace and Security: Asia vs West, at Universidad Nebrija, Madrid Spain
    • Was mentioned in an April 29 MENAFN article entitled “UNH Franklin Pierce School Of Law Hosts Intellectual Property Summer Institute (IPSI)”

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

    • Joined C-IP2 as a Scholar in March 2022
    • On April 21, spoke at EUI Florence School of Regulation Standard Essential Patents: The Evolving Framework conference

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

    • Signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act
    • Was featured in the April 6 Patently-O post “Welcome Prof. Chris Holman”

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

    • Was mentioned in a March 4 IPWatchdog post entitled “Referencing Science Fiction: An Ode to (Slightly) Livening Up Patents” by Trenton Morton, as well as in a March 4 article in The Shepherd of the Hills Gazette entitled “An Ode To (Slightly) Livening Up Patents” by Sammy Edwards

Dmitry Karshtedt (C-IP2 Scholar; Associate Professor of Law, The George Washington University Law School)

    • From March 11-28, taught a U.S. patent law course for associates and technical advisors at Licks Attorneys, a law firm in Rio de Janeiro, Brazil
    • Served as a speaker and on the planning committee for the 7th Annual Advanced Patent Law Institute, which was co-hosted virtually by George Mason University Antonin Scalia Law School and the University of Texas School of Law on March 15-17, 2022; on March 15, participated in the written description panel at the Institute
    • On March 18, presented in-progress paper on Adversarial Patents and Pharmaceutical Examination at Universidad do Estado do Rio De Janeiro
    • Mentioned in a March 18 article on Bloomberg Law by Samantha Handler entitled “Biogen’s Rehearing Denial Lays New Hurdles for Pharma Patents”
    • On March 29, spoke on comparative patent law issues at Universidad del Salvador in Buenos Aires
    • On April 12, organized and participated in a panel of Court of Federal Claims judges at the Giles Rich Inn of Court meeting in Washington, D.C.
    • On April 29, spoke on a panel at Stanford Law School during the Use Your Discretion: Changing Standards PTAB conference

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

    • Participated in an April 8 Federalist Society teleforum on Securing Innovation: How Patent Law Shapes U.S. National and Economic Security 

Joshua Kresh (C-IP2 Managing Director)

    • Participated in the March 24-25 initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
    • On April 4, attended LeadershIP 2022 in Washington, D.C.
    • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP2 hosted in California from April 28-29
    • On May 5, joined PhRMA in attending the National Inventors Hall of Fame annual induction event
    • On May 17-19, coordinated a session at the AIPLA Spring Meeting in New Orleans, LA

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

    • On April 7, gave a presentation on “Repositioning generic drugs: empirical realities” at the Innovation Policy Colloquium organized by Professors Rochelle Dreyfuss and Katherine Strandburg at New York University School of Law
    • On April 8, gave a presentation on “A future for generic drug repurposing” at The evolution of the public health and biomedical innovation, organized by the Cambridge University Science and Policy Exchange (CUSPE)
    • On April 25, gave a presentation on “Repositioning for rare diseases: Too much, too little or just right?” at a webinar organized by the Nordic Intellectual Property Law Review
    • On April 28, hosted a talk by Rochelle Dreyfuss on “ISDS and Intellectual Property in 2020 – Protecting Public Health in the Age of Pandemics” at a CIPIL Evening Seminar, organized by the Centre for Intellectual Property and Information Law, University of Cambridge (for a recording of Prof. Dreyfuss’s talk, please click here) 

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

    • Signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act
    • Participated in an April 15 Hudson Institute virtual panel on “Drug Patents and Evidence-Based Policymaking in Patent Law”

Daryl Lim (C-IP2 Senior Scholar; Professor of Law and the Director of the Center for Intellectual Property (IP), Information & Privacy Law, University of Illinois Chicago School of Law)

    • Served as moderator for “Beyond Geopolitics – Contending with US-China Intellectual Property Relations for Fair Gains” at the 36th Marcus Evans IP Law Summit on March 27-29, 2022, in New Orleans, Louisiana
    • Served a moderator and co-convener with George Washington University Law School for Music Copyright Infringement: Global Perspectives Virtual Conference on March 18, 2022
    • Participated as a discussant at a virtual roundtable on “Blockchain + Antitrust: The Decentralization Formula” hosted by the Classical Liberal Institute at the NYU School of Law on March 11, 2022
    • On March 10, participated virtually as a panelist on “Digital Health Data, Privacy, and Antitrust” for a symposium co-hosted by the DePaul University College of Law Mary and Michael Jaharis Health Law Institute and Center for Intellectual Property Law & Information Technology

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)

    • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP2 hosted in California from April 28-29

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

    • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP2 hosted in California from April 28-29

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

    • On May 6, participated in a roundtable on “Challenges and Opportunities in the Creative Industries: The Good, the Bad, & the Ugly” hosted by Hudson Institute
    • On May 18, the American Law Institute adopted Prof, Newman’s restatement draft (click here for more details; click here to watch Prof. Newman discussing his project in 2020)

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

    • On March 11, delivered a lecture on NFTs at the DX ARTS program at the University of Washington
    • From March 24-25, participated in the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
    • On April 1, spoke at a University of Oregon symposium regarding his new book project, The Means of Innovation: Creation, Control, and a New Method+ology, summarizing arguments that innovation can be better understood when classed into three categories of art, science, and law, each used in an older, broader sense. In turn, these contain nested sets of methods ranging in degrees of abstraction from concepts or dispositions down to specific algorithmic methods.
    • On April 7, taught a session on “Government Policy over Public Funds in Supporting Innovations” as part of the WIPO-WTO Advanced Course on Topical IP Policy Issues, which ran from March 28-April 8
    • Cited in an April 13 post on Patently-O on “The Corporation as an Inventive Artificial Intelligence” by Dennis Crouch
    • On April 21, presented “In the Court of TikTok: Are Fan Mashups That Call Out Copying Changing Music Writing Credits?”, a project with Mary Catherine Amerine (Shearman & Sterling, and current Edison Fellow) during a panel at the Emily C. & John E. Hansen Intellectual Property Institute’s 29th Annual IP Conference
    • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP2 hosted in California from April 28-29
    • In May, participated with Lateef Mtima (Howard University School of Law; IIPSJ) and Lita Rosario, Esq. (WYZ Girl Entertainment Consulting) in a virtual panel on IP and social justice hosted by the Practicing Law Institute
    • On May 5, performed vocal, guitar, and harmonica with Jon Knight as an acoustic rock duo under the name Buzzard Point Caucus for Law Rocks Washington D.C. for Ukraine, a special charity event hosted in Washington, D.C. by annual charity event Law Rocks
    • In May, served as a speaker and group moderator for the WIPO Advanced Training Course on Intellectual Property (IP), Technology Transfer and Licensing for Caribbean Countries, organized by the World Intellectual Property Organization (WIPO). Moderated sessions were on the themes “From Public Research to Private Initiative (Private Public Partnership),” “Cooperation between Intellectual Property Offices (IPOs) and Technology Transfer Offices (TTOs),” “How to create and Fund Technology Clusters,” and “Understanding and Drafting University IP Policies covering Faculty, Staff, and students.”

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

    • Signed a March 17 letter to U.S. Secretary of Health and Human Services the Honorable Xavier Becerra regarding the Bayh-Dole Act
    • Signed an amicus brief in the case Epic Games, Inc. v. Apple Inc.
    • On April 6, spoke on a panel on “Agency Approaches to the Antitrust-Intellectual Property Interface Under the Biden Administration” at the 2022 ABA-IPL Section Annual Meeting
    • On April 6, was cited by in a MLex article by Khushita Vasant: “[Jennifer] Dixton was responding to comments by Kristen Osenga of the University of Richmond that a new draft policy statement concerning SEPs to promote good-faith licensing negotiations is tilted in favor of patent users as it prohibited patentholders from seeking injunctions. The draft also addresses the scope of remedies available to patentholders that have agreed to license their SEPs on fair, reasonable and non-discriminatory, or Frand, terms”
    • On April 20, gave the 2022 Gene and Katy Simonds Lectureship in Democracy lecture entitled “The Intersection of Antitrust and IP: Stay in your lane!” at Southern Illinois University School of Law
    • On April 20, spoke on a virtual panel, Understanding Draft Standard-Patent Policy, which was hosted by the Hudson Institute
    • Participated in the UNH Franklin Pierce School of Law’s April 24-26 Spring Summit, “Exploring Intersections,” on FRAND and SEP issues, and joined on the World IP Day panel on IP and innovation (click here to view a recording of the panel)

Eric Priest (C-IP2 Senior Scholar; Associate Professor, University of Oregon School of Law)

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

    • On March 2, spoke on a webinar hosted by Geneva Network on “The role of intellectual property rights in preparing for future pandemics”
    • From March 24-25, served as a Distinguished Commentator during the initial meeting of the 2022-2023 Thomas Edison Innovation Law and Policy Fellowship
    • Organized and spoke at the March 28 University of Akron School of Law’s 24th Annual Symposium on Intellectual Property Law and Policy
    • Participated in a roundtable on Ensuring Diversity and Inclusivity in Copyright, which C-IP2 hosted in California from April 28-29

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

    • On April 1, presented her 2021-2022 Edison Fellowship article, An Empirical Look at the Patent Trial and Appeal Board, at the annual PATCON seminar at Boston College Law School
    • Presented a new article on “An Empirical Analysis of Patent Law and Venue” at the Benjamin N. Cardozo School of Law’s May 19-20 Seventh Annual Civil Procedure workshop for all civil procedure professors
    • Was quoted in the May 25 Bloomberg Law article “Patent Small Claims Pitch, Long Dormant, Revived by Agency” by Riddhi Setty

Stephanie M. Semler (C-IP2 Practitioner in Residence; Adjunct Professor, George Mason University, Antonin Scalia Law School; Associate Attorney, Venable LLP; Supervising Attorney, Arts & Entertainment Advocacy Clinic)

Toshiko Takenaka (C-IP2 Scholar; Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington School of Law)

    • Joined C-IP2 as a Scholar in April 2022