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From C-IP2‘s 2021 Winter Progress Report (September-November 2021)

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

In September 2021, C-IP2 RAs and Scalia Law students Kyle Maxey and David Ward began fall internships with the Copyright Alliance.

In September, C-IP2, in conjunction with Mason’s Center for Government Contracting at the School of Business, won a Department of Defense IP study contract  on a study for Washington Headquarters Services covering the Defense Advanced Research Projects Agency (DARPA) and defense laboratories’ contracting and intellectual property management policies and their effects on commercialization of and further innovation in dual-use technology. Click here for more details.

Masami Kawase (JIPO) joined C-IP2 as a Visiting Scholar in September! While here, Masami will be working on a research project covering valuation of patents in the US and Japan.

In September, C-IP2 welcomed Professors Daryl Lim and Irina D. Manta as Senior Scholars.

C-IP2 Faculty Director Sean O’Connor and C-IP2 were featured in the “Research Spotlight” put out by Mason’s Institute for Digital InnovAtion (IDIA) in their “The Weekly” newsletter on October 10.

C-IP2 2021-2022 Edison Fellow and USPTO Attorney Advisor, Copyright Law and Policy Molly Torsen Stech moderated a panel discussion co-hosted by the USPTO and USCO on October 26 for the virtual conference Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going?.

On October 26, Prof. Sandra Aistars and Terrica Carrington led Antonin Scalia Law School’s Arts & Entertainment Advocacy Clinic in co-hosting a virtual online chat and legal clinic on Copyright Law, Choreography, and Social Media with Washington Area Lawyers for the Arts (WALA). The event featured a fireside chat with the Copyright Alliance’s Terrica Carrington and David Hecht, founder of Hecht Partners LLP and attorney for celebrity choreographer JaQuel Knight, choreographer of Beyonce’s “Single Ladies” dance. The Arts & Entertainment Advocacy Clinic hosts similar events once or twice a semester, giving students a chance to give live advice to artists as part of their supervised legal clinic work.

In November 2021, C-IPwelcomed Emily Michiko Morris (University of Akron School of Law Professor of Law and C-IP2 Scholar) as our Senior Fellow for Life Sciences.

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)

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

    • On October 14, was a lead presenter of “Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property,” hosted by Escuela de Gobierno, Universidad Adolfo Ibàñez
    • On October 15, was a panelist during the webinar “Toward a Deeper Understanding: Berkeley Asia IP SEP Talk Series 2021, The Role of Antitrust,” hosted by the University of California at Berkeley, School of Law
    • On October 28, was a panelist for “The Good, the Bad, and the Ugly – Outlook for the U.S. Patent System,” hosted by IPWatchdog

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

    • On October 8, attended and participated in capacity as a Judicial Adviser to the American Law Institute’s Working Group Review of Preliminary Draft 7 of the Restatement of Copyright Law
    • On October 12, attended and participated in the Board of Directors’ Meeting of the United Inventors Association
    • On October 15, attended and participated in the Board of Directors’ Meeting for LegalSifter, Inc. in Pittsburg, PA
    • On October 8, attended and participated in the IT and Artificial Intelligence Committee of the USPTO’s Private Patent Advisory Committee
    • On October 19, attended the Senate Intellectual Property Subcommittee hearing, “Pride in Patent Ownership: The Value of Knowing Who Owns a Patent”
    • On October 22, attended the USPTO’s presentation on DOCX
    • On November 5, attended and participated in the USPTO’s Private Patent Advisory Committee’s AI and IT Subcommittee and PTAB Subcommittee meetings
    • Also on November 5, attended and participated in Board of Directors meetings for LegalSifter, Inc. and Dustoff Technology, Inc.; both companies are engaged in using artificial intelligence and software in the commercial and defense sectors
    • On November 9, attended and engaged in the USPTO’s International Subcommittee and Legislative Subcommittee
    • On November 10, participated on a panel concerning the “Benefits of Arbitration in Resolving SEP Disputes,” hosted by IPWatchDog. The other panel members were Judge Randall Rader, former Chief Judge of the United States Court of Appeals for the Federal Circuit, and Judge David Folsom, former Chief Judge of the US District Court of the Eastern District of Texas
    • On November 12, attended and participated in the USPTO’s PPAC’s International Subcommittee meeting
    • On November 17, attended and participated in the USPTO’s Legislative Subcommittee meeting
    • On November 17, attended the Executive Session of the USPTO’s PPAC
    • On November 18, attended and participated in the Public Session of the USPTO’s PPAC
    • Also on November 18, attended and participated in CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia
    • Was a significant author on the USPTO’s 2021 Patent Public Advisory Committee (PPAC) Annual Report, which was made available to the public on November 30

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

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

    • On September 23-24, participated at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
    • On October 14, moderated a panel on “Owning AI and Protecting AI Output” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property

John F. Duffy (C-IP2 Senior Scholar; Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law)

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

Jon 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)

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

    • Gave a presentation to the Bioengineering Alliance on October 29 on Innovation and Economic Development

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

    • On September 23-24, participated as a distinguished senior commentator at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at George Mason University Antonin Scalia Law School
    • On November 18, participated in the C-IP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia

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

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

    • On September 10, presented a paper at European Policy for Intellectual Property Conference, Pharmaceutical Patents and Adversarial Examination, Madrid, Spain
    • Was quoted by Bloomberg Law in an article published on September 29, “Fed. Cir. Limits Review of Serial Patent Challenges (Correct)
    • Started a new position as a Visiting Scholar at the Centre for Advanced Studies for Biomedical Innovation (CeBIL) at University of Copenhagen, Faculty of Law
    • Presented a paper on Pharmaceutical Patents and Adversarial Examination on October 5 at the Virtual Israeli IP Scholar Conference
    • On October 15, presented selected paper on Pharmaceutical Patents and Adversarial Examination at the virtual Fourth Junior Faculty Forum on Law & STEM, organized by the University of Pennsylvania Carey Law School
    • On October 25, gave a seminar on Copyright Volition as Causal Responsibility with Professor Sean A. Pager, hosted by Assistant Professor Vishv Priya Kohli at the Copenhagen Business School Law Colloquium
    • Gave an October 26 hybrid seminar on Pharmaceutical Patents and Adversarial Examination for the University of Copenhagen’s Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) as part of a lunch seminar series
    • On November 10, spoke on a panel on “Patent Law at the Supreme Court: Where We Are and Where We’re Going,” which was hosted virtually by Los Angeles Intellectual Property Law Association (LAIPLA)
    • On November 16, gave a virtual presentation on “Pharmaceutical Patents and Adversarial Examination,” which was hosted by the Judge Paul R. Michel Intellectual Property American Inn of Court

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

Joshua Kresh (C-IP2 Managing Director)

    • On September 23-24, participated in C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
    • On October 13-14, participated in C-IP2’s 2021 Annual Fall Conference on Artificial Intelligence and Intellectual Property
    • Spoke at AIPLA’s 2021 Annual Meeting during the October 30 Closing Plenary Session “The Year in Review” and gave the Patent Litigation Year in Review Update
    • Concluded his term as Chair of AIPLA’s New Lawyers Committee and started as Vice Chair of AIPLA’s Patent Litigation Committee
    • On November 18, participated in the CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia

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)

    • Joined C-IP2 as a Senior Scholar in September
    • On October 14, spoke on a panel on “Tech Policy in Artificial Intelligence” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property
    • Speaker at an October 21 online event: Confusion Simplified, Indiana University Maurer School of Law, Bloomington, Issues in International Intellectual Property
    • Speaker at an October 22 event: Life after Google v. Oracle, Indiana University Maurer School of Law, Bloomington, Symposium Honoring Professor Marshall Leaffer
    • Discussant at an October 28 online event: Inventing Ideas: Patents, Prizes, and the Knowledge Economy, Classical Liberal Institute at the NYU School of Law
    • Spoke on “AI in the Automotive Sector” on November 19 at the 2021 ijiwei Automotive Semiconductor Ecosystem Summit, hosted online from Shanghai
    • Delegate during the virtual 37th Annual Meeting of the US Bar-EPO Liaison Council on November 3
    • Featured in a November 25 IPWatchdog article, Thank You! From Trademark Amendments to Mentors, IP Stakeholders are Grateful, noting the consensus between the biopharmaceutical and technology industries about patents for AI. Many thanks to Professor Lim for his mention of C-IP2’s 2021 Annual Fall Conference on Artificial Intelligence and Intellectual Property!

Irina D. Manta (C-IP2 Senior Scholar; Professor of Law, Hofstra University School of Law)

    • Joined C-IP2 as a Senior Scholar in September

Hina Mehta (C-IP2 Practitioner in Residence; Director, Office of Technology Transfer, George Mason University)

    • Participated in Accelerate 2022 at George Mason University October 19-20
    • On October 31, spoke at the National Institute of Technology, about “Technology Transfer: Bench to Market” at the International Conference on Women Leadership in Science and Technology

Emily Michiko Morris (C-IP2 Senior for Life Sciences and Scholar; C-IP2021-2022 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)

    • On September 23-24, participated as an Edison Fellow at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
    • In November, accepted the position as C-IP2 Senior Fellow for Life Sciences
    • On November 18, participated in the CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia

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

    • In October, participated in a meeting on American Law Institute’s Copyright Restatement project as part of the Members Consultative Group
    • On October 13, moderated a panel on “Artificial Intelligence – Challenges and Controversies” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property

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

    • Performed with the band, Buzzard Point Caucus, at the Sixth Annual LawRocks Washington D.C. on September 23 at the 9:30 Club to raise funds for Central Union Mission
    • On September 23-24, participated at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at George Mason University Antonin Scalia Law School
    • On September 29, spoke on a panel hosted by George Mason University School of Business’ Center for Innovation and Entrepreneurship on “NIL (Name Image Likeness): Branding, Sports Marketing and Amateur Athletics” along with Dr. David J. Miller (CIE), Scott Lewis (Director of Strategic Initiatives, Zoomph), and Malcolm Grace (Deputy AD, Compliance and NCAA Governance, Intercollegiate Athletics at Mason)
    • Moderated the keynote fireside chat between Grimes (Music Producer, Songwriter, Singer, and Innovator in the digital and AI art space) and Jaron Lanier (Scientist, Musician, Visual Artist & Author of Who Owns the Future?) during C-IP2’s 2021 Annual Fall Conference on Artificial Intelligence and Intellectual Property, held online from October 13-14
    • On October 20, was featured with C-IP2 in the “Research Spotlight” of The Weekly, a newsletter put out by George Mason University’s Institute for Digital InnovAtion (IDIA)
    • On October 28, spoke on “Panel 1: Ownership, Transfer, and Tracing of Intellectual Property Rights – Part 1: Contracting in the Face of Uncertainty – Music Tourism, Royalties Trademark, and Copyright Law” in Jackson, Mississippi, as part of the Sixteenth Meeting of the American College of Business Court Judges, hosted by the Judicial Education Program of the Law & Economics Center, George Mason University Antonin Scalia Law School
    • Interviewed in October as a guest for a forthcoming episode of the Pedagogy Podcast, hosted by Dr. Jason Lee Guthrie, Assistant Professor of Communication and Media Studies at Clayton State University
    • On November 4, moderated a panel discussion entitled “Copyright: The New Normal” during UIC John Marshall Law School’s 65th Annual IP Law Conference in Chicago, IL
    • In November, joined George Mason University’s Intellectual Property (IP) Committee
    • On November 18, participated in the CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia

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

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

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)

    • Mentioned in Akron Legal News on Sept. 3, 2021, in the report “Akron Law kicks off its Centennial celebration
    • Spoke on a Geneva Network virtual panel on September 14 on “Why Trade Secrets Matter: “Covid vaccine manufacturing scale-up and the WTO’s proposed IP waiver
    • On September 23-24, participated as a distinguished senior commentator at C-IP2’s Thomas Edison Innovation Law & Policy Fellowship meeting at GMU Antonin Scalia School
    • On October 12, spoke on a Geneva Network virtual panel on “Building the Gulf life science innovation economy: Lessons from the region and worldwide
    • On October 14, moderated a panel on “Artificial Intelligence in the Life Sciences” during C-IP2’s 2021 Annual Fall Conference, Artificial Intelligence and Intellectual Property
    • Published a report for the Innovation Council, a Geneva Switzerland based NGO, entitled “Unprecedented: The Rapid Innovation Response to COVID-19 and the Role of Intellectual Property” (Innovation Council, December 2021). It is available on its own dedicated website at https://www.unpackingip.org. The report extensively documents the role of IP in the fight against COVID-19 and includes interviews with chief IP counsels and manufacturing experts from the world’s leading biopharma companies.
    • Participated in the annual meeting of the U.S.-India IP Dialogue in November, speaking on IP and global supply chain issues related to manufacturing and delivery of COVID-19 vaccines. Prof. Schultz serves as an expert in this multilateral Track 1.5 diplomatic dialogue held by the U.S. Chamber of Commerce, the Federation of Indian Chambers of Commerce and Industry, and the Governments of the United States and India.
    • On November 18, presented his research on IP and the fight against COVID-19 at CIP2’s academic roundtable on Intellectual Property and Biopharmaceutical Policy in Arlington, Virginia

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)