Entries by Daryl Lim

IPWatchdog | What’s in Store in 2023?

What’s in store for IP in 2023? AI will continue to feature prominently. Tribunals have settled questions of inventorship and authorship. IP will remain a human-centric regime for now. The next phase of litigation will focus on questions of infringement, fair use, and damages.

Matthew Butterick’s class action lawsuit against Microsoft, GitHub, OpenAI, and other companies involved in designing Copilot opens the next salvo. Software developers, artists, writers, and privacy activists have complained tech companies training AI systems use data that does not belong to them and do not provide compensation.

The Supreme Court’s decision on Artist Andy Warhol’s use of Lynn Goldsmith’s Prince photograph may well influence the contours of when training and output of an AI model are infringing in Butternick’s case. Moreover, its views on the extraterritorial reach of trademark rights may also affect how courts construe damages in AI cases. Watch this space.

Check out what the IPWatchdog, Inc community is paying attention to as we enter the new year! https://ipwatchdog.com/2022/12/29/whats-in-store-for-ip-in-2023-heres-what-ipwatchdog-readers-are-keeping-on-their-radar/id=154236/

Alden Abbott Mercatus Center at George Mason University Tim Carroll Manny Caixeiro Venable LLP Trevor Cook Bird & Bird Larry DeMeo Hunton Andrews Kurth LLP Andrew Gray Morgan, Lewis & Bockius LLP Blair Jacobs McKool Smith Efrat Kasznik Foresight Valuation Group Stephen Kunin Maier & Maier, PLLC Mark L.

Knobbe Martens Penn State Dickinson Law Penn State University Michelle Mancino Marsh ArentFox Schiff Scott McKeown Ropes & Gray LLP Eugene Perez Birch, Stewart, Kolasch & Birch, LLP (BSKB) Karthika Perumal Womble Bond Dickinson (US) LLP Mark Remus

Crowell & Moring LLP Marcela Robledo Cleary Gottlieb Steen & Hamilton LLP Josh Schiller Boies Schiller Flexner LLP Karen Sebaski

Holwell Shuster & Goldberg LLP Howard Shire

#ai #training #tech #litigation #github #microsoft #data #warhol #prince #fairuse #firstamendment #jackdaniels #patents #europe #china #venue #congress #upc #blockchain #nfts #seps #patenteligibility #itc #chatgpt #openai #tillis #coons #uspto #vidal #amgen #sanofi

December 30, 2022 by

IPWatchdog | Alliances to Watch

Stakeholders have desired greater coordination and greater grassroots engagement. The United States Intellectual Property Alliance – USIPA and its national and international chapters emerged in response. They rest on three pillars – 1) #IP awareness and education, 2) ecosystem #collaboration and 3) #diversity and #inclusion.

The Alliances’ goals are as ambitious as they are noble – nothing less than improving the lives of every person on earth using IP through:

. Empowering community colleges, university tech transfer offices, inventors, entrepreneurs, and creators.

. Building a knowledgeable IP workforce by integrating IP training and skills development into #K12, #university, and other curricula across the country.

. Establishing effective support structures so all people, especially underrepresented groups, can benefit from a bold reimagining of what IP can offer.

The Alliances seek a more efficient, effective, and collaborative IP ecosystem to help people get what they need faster and at a fair price. They also shun lobbying for legislative change, given its divisiveness. Managing IP recognized Scott Frank, who heads the Alliances, as one of the 50 most #influential people in IP for his vision and efforts. If the Alliances can rebuild trust in the IP system, strengthen cooperation between skeptical stakeholders, and benefit neglected constituents, it will be a #gamechanger.

Read what IP news mattered most to other IP stakeholders in 2022 here:

The IP News that Mattered Most in 2022, According to You

Eileen McDermott IPWatchdog, Inc Alden Abbott Mercatus Center at George Mason University Bruce Berman Brody Berman Associates Rachelle Dubow Morgan, Lewis & Bockius LLP Joshua Goldberg Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Marla Grossman American Continental Group Stephen Kunin Maier & Maier, PLLC Tennell Lockett Townsend & Lockett, LLC Scott McKeown Ropes & Gray LLP Hon. Paul R. Michel Chief Judge (Ret.) U.S. Court of Appeals for the Federal Circuit Brian Nolan Mayer Brown Karthika Perumal Womble Bond Dickinson (US) LLP William Stroever Cole Schotz P.C. Jonathan Stroud Unified Patents Wendy Verlander Verlander LLP #community #intellectualproperty #education #tech #development #change #people #engagement

December 22, 2022 by

American Law Institute | #grateful

Deeply honored to learn that the American Law Institute (ALI) has elected me to its membership.

Formed a century ago, the ALI is the leading independent organization in the United States responsible for clarifying, modernizing, and improving the law. I am very grateful to those who took a leap of faith in nominating me. I also thank the ALI’s Membership Committee and the Council for their vote of confidence.

In the coming year, I will serve with the Members Consultative Group for The Restatement of the Law, Copyright. Many are respected friends and colleagues. I may also collaborate with members on other efforts within the ALI.

My election brings representation by Penn State Dickinson Law faculty at ALI to four members. The other ALI members are Dean and Donald J. Farage Professor of Law Danielle Conway, John Edward Fowler Distinguished Professor of Law Professor William Butler, and Professor of Law, Emerita and H. Laddie Montague Jr. Chair in Law Emerita Laurel Terry.

Warm congratulations to my fellow new members!

Asli Bali Jeff Bowen Arthur Derse Hon. Michael Fitzpatrick Emmet Flood Thomas Griffith Ben Gruenstein Amy H. Hon. Rebeca Aizpuru Huddle Heidi Hurd Ajay Kundaria Maura Monaghan Timothy Mulvaney Kevin Murray Cameron T. Norris Samir Parikh Hon. Michael Park Hon. W. @Brent Powell Natalie Ram Rantanen, Jason Kenneth Rosen Kathryn Ruemmler Hon. Loretta Rush Sopen Shah Kathy Stanchi Peter Stris Juliet Stumpf Caroline Van Zile Louis Virelli Hon. Heather Welch

Details below:

https://dickinsonlaw.psu.edu/professor-daryl-lim-elected-membership-american-law-institute

https://www.ali.org/news/articles/ali-elects-new-members/

December 19, 2022 by

Podcast | AI & Frontier Technologies

Pleased to share the #IP Law and #Innovation podcast episode featuring Dr. Dr. Ulrike Till, Director of the IP and Frontier Technologies Division at the World Intellectual Property Organization – WIPO. We delve into how Ulrike’s experiences guide her efforts to shape global policies governing #AI and other innovative technologies. I also invited Ulrike to reflect on the recently concluded “WIPO Conversation on IP and Frontier Technologies.” Over 770 people attended the session from over 100 countries, reflecting the strong interest and importance of the topic. The fireside chat concludes with a peek into what’s next on her agenda. #intellectualproperty #law #podcast Penn State Dickinson Law

December 14, 2022 by

Washington, DC | Roundtables & Meetings

Delighted to be back in Washington, DC. Visited the U.S. Court of Appeals for the Federal Circuit to meet Hon. Pauline Newman and Hon. Tiffany Cunningham before attending the IPO Education Foundation Awards Celebration. The IP community celebrated Terrica Carrington (Inspiration Award), Gary Michelson (IP Champion Award), Sanjay Mehrotra (Executive of the Year Award), and Luke Haverhals and Aaron Amstutz (Inventors of the Year Award).
Joined roundtable participants on Thursday to discuss “The Battle Over Patents: History And The Politics Of Innovation,” edited by Stephen Haber and Naomi Lamoreaux. On Friday, I participated in the George Mason University Antonin Scalia Law School-Sunwater Institute’s roundtable on “The Future of Property: Autonomy, Prosperity, and Conflict Mitigation.” We discussed issues of contemporary importance, such as:
• Can the concept of property resolve conflicts over commercial drones’ use of airspace over private land?
• Can the concept of property resolve conflicts over the use of objects in space? What conflicts does the concept resolve effectively? Is it ineffective at resolving any other issues?
• Should there be differences in protections for medical procedures using conventional surgical equipment compared with procedures performed by (and or with) a surgical robot?
• When lobbyists and public-relations specialists argue about injunctions and IP policy, what arguments do they make? Do they make the same arguments as academics, and if not, how do their arguments differ?
• How do stakeholders affect meaningful change through Congress and the courts?

December 12, 2022 by

IPWatchdog | #inclusiveinnovation

I’m glad that #inclusiveinnovation has become a watchword in the IP community. Any knowledge-based economy seeking to develop supply chain resilience, social cohesion, and geostrategic leadership must succeed in tapping the talents of its entire population, not just that of a small segment of inventors, creators, and entrepreneurs. I am encouraged and inspired to see local and national initiatives blossoming to engage youths, women, and other underrepresented groups.

In a climate where divides are less about substance than about political motives and identities and where a clash of cultures and anger have replaced truth and reason as the way to settle disputes, we risk forgetting that the American IP system is great, not from victories over each other but by a reconciliation of interests and a unity of purpose. Even as we celebrate this year’s academic scholarship, government programs, and private sector achievements in the inclusive innovation space, we must seize the moment, build on that momentum, and strive for actionable, measurable, and lasting progress.

What IP Stakeholders are Giving Thanks for in 2022

Check out contributions from Alden Abbott Judge Susan G. Braden (Ret.) Efrat Kasznik Stephen Kunin Scott McKeown Karthika Perumal Dan Shores Mark Simpson Jonathan Stroud US Inventor Wendy Verlander Wen Xie! Thanks to IPWatchdog, Inc’s Editor-in-Chief Eileen McDermott, for the invitation to contribute.

#innovation #leadership #community #supplychain #entrepreneurs #economy Penn State Dickinson Law

December 12, 2022 by

New York, NY | Wilmington, DE

Wrapped up my final trip to New York this year with an evening in Wilmington, Delaware, to join my colleagues at Penn State Dickinson Law’s reception for alumni and friends at the historic “The Quoin.”

I joined International Trademark Association (INTA) CEO Etienne Sanz de Acedo and Cravath, Swaine & Moore LLP IP Co-Chair and former United States Patent and Trademark Office Director Dave Kappos for a studio recording of the Practising Law Institute’s “Intellectual Property: The State of Play in 2022 and Beyond.”

Delighted to catch up with Hofstra University President Susan Poser. President Poser was Provost at UIC when The John Marshall Law School became UIC’s 16th college and spearheaded the merger. She established the Faculty Administrator’s Development Program, which I found very helpful in navigating many of my exchanges with Penn State’s central administration. Looking forward to having her as my guest in Dickinson Law’s “Profile in Leadership” podcast series next spring.

I was also glad to meet Professor Eleanor Fox (NYU School of Law) and Professor Hugh Hansen to discuss the latest antitrust developments. Professor Hansen and I also spoke separately with Mr. Sanz de Acedo and Mr. Kappos about IP developments. My last two meetings were with Mr. Tom Pease and Ms. Rebecca Fogler (Quinn Emanuel) and Mr. Nick Groombridge (Groombridge, Wu, Baughman & Stone LLP), whose firm launched this week!

Photo #1 (Clockwise): In PLI’s studio with Etienne Sanz de Acedo and Dave Kappos; Quinn Emanuel’s NY offices are in the palatial New York Life Building, whose Christmas decorations had just come out; tea with President Poser in NYC; with PLI’s Ken Min, who ably put the studio recording together; with Hugh Hansen, Etienne Sanz de Acedo, and Dave Kappos at lunch; with Tom Pease and Rebecca Fogler; with Hugh Hansen and Eleanor Fox.

Photo #2 (Clockwise): With David Wilks (’89), IP advisory board member and FMC Chief IP Counsel Roberte Makowski, and Director of Development and Alumni Affairs Director Kelly Rimmer; Dean Danielle Conway addressing a rapt crowd; Dean Conway and Roberte Makowski; with Director of Career Services Tom Lee and Assistant Director of Development Brett Conway.

December 3, 2022 by

2023 | Lutie Pennsylvania Collaboration Initiative

Penn State Dickinson Law is spearheading a first-of-its-kind initiative. The initiative builds on the law school’s role as host of the 17th Annual Lutie A. Lytle Black Women Law Faculty Workshop and Writing Retreat next year. The workshop is named after one of the world’s first Black woman law professors, a daughter of formerly enslaved parents. The workshop has supported current and aspiring Black women law faculty by helping them develop scholarly works, guiding them in attaining academic careers, as well as providing mentorship after.

It has become a tradition for the hosting law school to reserve space for the Lutie law faculty scholarship in a symposium issue. This year under Dean Conway’s leadership, we are excited to work with Pennsylvania law schools to publish Lutie law faculty scholarship in flagship and specialty law reviews across our schools. Dubbed the “Lutie Pennsylvania Collaboration Initiative,” this joint enterprise powerfully underscores the remarkable commitment to inclusive scholarship and the bond of collegiality among the faculty, students, and administrators of these law schools.

Photos (Clockwise): Participants attending the 16th Lutie Workshop Boston University School of Law hosted in 2022 (photo credit: Luguzy Atkins); participants brainstorming; Penn State Dickinson Law Dean Danielle Conway, Lutie A. Lytle Black Women Law Faculty Writing Workshop Founder and Boston University School of Law Dean Angela Onwuachi-Willig, and Dickinson Law Review Symposium Editor Minh Eric Le; Pennsylvania-wide law review student editors, faculty, and administrators.

#law #leadership #collaboration #university #Lutie #inclusion

December 2, 2022 by

Josh Sarnoff | Visit

Dean Danielle Conway and I were delighted to welcome Professor Joshua Sarnoff during a brief visit to Penn State Dickinson Law. He serves on the faculty of DePaul University College of Law.

Among his many accolades, Professor Sarnoff is an internationally recognized expert on the intersections of intellectual property law, environmental law, health law, and constitutional, administrative, and international law. In addition, he is proficient with online, doctrinal, clinical, and legal writing instruction.

We look forward to our law school community benefitting from his insights on these and other important subjects on a future visit.

November 22, 2022 by

Oxford University Press | IP Infringement #bookdeal

Delighted to announce my new book contract with Oxford University Press.

Titled “Infringement in Intellectual Property Law,” the book will draw on extensive empirical data, theoretical foundations, and doctrinal insights from US case law to present the latest thinking on IP infringement, principally covering patents, copyright, trademarks, and design rights.

The book will present facets of each type of IP right easily overlooked when viewed alone, such as how judges craft standards for judging the infringement of those rights, whether a unified theory of IP infringement is possible, and how #ai will enhance, disrupt, or distort the laws on IP infringement.

The book’s doctrinal and policy discussion will be relevant to other common law systems in the UK, Australia, Canada, and beyond, given the similarities in infringement law in these countries and the influence of cross-border licensing and other IP-related activity in the US.

#intellectualproperty #law #legal #ai #research #university #data #practice #industry #infringement #empirical #policy #doctrinal

November 16, 2022 by