Scholarship Cited | US Supreme Court & Court of Appeals for the DC Circuit Briefs
BlogHonored that my scholarship has been cited in both the U.S. Court of Appeals for the D.C. Circuit and the U.S. Supreme Court. These citations affirm the collaborative spirit of legal scholarship and research's role in helping inform decisions at the highest levels. The Bar Association of the District of Columbia referenced my article "I Dissent: The Federal Circuit’s “Great Dissenter,” Her Influence on the Patent Dialogue, and Why It Matters" (Vanderbilt Journal of Entertainment & Technology Law) in an amicus brief before the D.C. Circuit (Hon. Pauline Newman v. Hon. Kimberly A. Moore, et al.). Additionally, four U.S. Supreme Court briefs cited my work: - "I Dissent" in Miller Mendel, Inc. v. City of Anna, Texas - "The Influence of Alice (Minnesota Law Review Headnotes)" in Realtime Data, LLC v. Fortinet, Inc., et al. - "Trademark Confusion Revealed (American University Law Review)" in Relish Labs LLC v. Grubhub Inc., as well as by constitutional law and intellectual property scholars in the Jack Daniel’s Properties v. VIP Products LLC case. #PennStateDickinsonLaw #LegalScholarship https://dickinsonlaw.psu.edu/associate-dean-daryl-lims-articles-cited-court-appeals-dc-circuit-and-us-supreme-court
Trademark Reporter | Trademark Confusion Revealed: An Empirical Analysis
BlogI'm honored that The Trademark Reporter (TMR) selected my article on AI and trademarks to be included in its special AI issue. The American University Law Review originally published the article in 2022. TMR was founded in 1911 and is a resource the International Trademark Association (INTA) provides to practitioners, academics, and judges worldwide. Many thanks to Willard Knox and Pamela Chestek for their leadership. Pam eloquently summarizes my article in her Editor's Note as follows: "In “Trademark Confusion Revealed: An Empirical Analysis,” Daryl Lim analyzes courts of appeals’ decisions on the likelihood of trademark confusion and how the various factors are applied by the courts. Lim considers the possibility of using empirical analysis to train AI models that would allow courts to reach more consistent and accurate results and that would, in turn, allow trademark counselors to better predict likely outcomes before ever reaching the courts." The issue also features articles by scholars whose work I have studied and admire: Michael Grynberg, Christine Farley Matthew Dahl, Varun Magesh, Mirac S., Daniel Ho, Sonia Katyal, Aniket Kesari, Shlomit Yanisky-Ravid, and Molly Torsen Stech. Explore the full issue here: https://www.inta.org/resources/the-trademark-reporter/ Penn State Dickinson Law DePaul University College of Law Stanford Law School University of California, Berkeley - School of Law Fordham University School of Law American University Washington College of Law STM Yale Law School Stanford University
BBC News Interview | Trump 2.0 & Tech
BlogDelighted to join BBC News’s Katie Silver to discuss the strategies tech CEOs are employing as they prepare for the second Trump presidency, including the recent procession of business leaders to Mar-a-Lago. There will be sweeping changes ahead, from social media to semiconductor manufacturing, as companies like TikTok face decisions under pressure from the incoming administration’s policies on China, tariffs, antitrust, and more. President-elect Trump’s mercantilist pragmatism and signature dealmaking style may create non-conventional opportunities for allies and rivals to engage with the United States.
Capitol Forum | AI & Copyright
BlogCongratulations to Sara Morrison for an insightful piece on copyright and AI in The Capitol Forum. We discussed the potential implications of a 1990s Ninth Circuit decision on how courts address AI training practices. The iterative and prolonged nature of AI training could allow copyright plaintiffs to show infringement successfully. Legal uncertainty may prompt stakeholders to call Congress to clarify the application of copyright law to AI, mirroring past legislative responses to that case. As the adage goes, "If you're not at the table, you're on the menu." https://dickinsonlaw.psu.edu/associate-dean-daryl-lim-weighs-ai-copyright-battles
Penn State Dickinson Law Profiles in Leadership | David Kappos on People, Principles, and Progress
Blog[Penn State Dickinson Law Profiles in Leadership: David Kappos on People, Principles, and Progress]
It was a privilege to interview Dave Kappos, widely recognized as a global leader in intellectual property strategy, policy, and enforcement. His transformative tenure as Director of the United States Patent and Trademark Office included the passage of the Leahy-Smith America Invents Act, a landmark reform of the U.S. patent system. He now serves as Co-Chair of the Intellectual Property Practice at Cravath, Swaine & Moore LLP.
Our conversation explored his journey at IBM, his experiences in Asia, and the leadership lessons he’s learned along the way. He also shared his perspectives on faith, family, and the importance of grassroots advocacy in shaping the future of innovation.
Other highlights include:
- Stewarding the America Invents Act and the role of coalition-building
- Leadership lessons for the incoming USPTO director.
- Has America lost the ability to transmit and interact internationally at multiple frequencies?
- Advice for the next generation of leaders in law, innovation, and policy
He exemplifies what it means to lead with vision, humility, and a deep sense of purpose. His insights are invaluable for anyone committed to fostering innovation and advancing leadership in today’s complex global landscape.
The full interview is available on YouTube. Discover the full lineup of our distinguished interviewees at https://dickinsonlaw.psu.edu/profiles-leadership.
#Leadership #PennStateDickinsonLaw #ProfilesInLeadership
https://youtu.be/iqFyrmze_CM
NY | DC
BlogDelighted to be back in New York and Washington, DC this week. Many thanks to Kenneth Min and his Practising Law Institute (PLI) team for inviting me to convene and host the Global IP Spotlight series. The upcoming episode on AI regulation and copyright will feature an outstanding panel consisting of Dr Stanley Lai, SC Lily Xue Dong Joshua G. Graubart Peter Yu and Matthias Leistner. I am also grateful to Hideaki Roy Umetsu Aruto Kagami Kohei Wachi of Mori Hamada & Matsumoto for their warm hospitality at their New York office and to Nahoko Ono for connecting us. Ono-sensei will be a panelist on an upcoming Global IP Spotlight episode focusing on Japan. It was wonderful to be back at Fordham University School of Law and reconnect with my former colleagues Darin Neely and Aisha Harper. Lastly but not least, I deeply appreciate Lisa Dunner's invitation to attend the inaugural Donald R. Dunner Memorial Lecture and reception at The George Washington University Law School. I remain grateful to Don for agreeing to serve as chair of the John Marshall Law School IP program's advisory board and Lisa as a board member. They provided much leadership, advice, and support during their tenure. Lisa and her sister Jennifer both earned their law degrees there. John Marshall is known today as the University of Illinois Chicago School of Law. It was also a pleasure to catch up with Jenny Sue Dunner Joshua Sarnoff Patrick J. Coyne Nick Groombridge and Naja Cherry during my trip.
Antitrust Under Trump | Three Trends
BlogIn my comments to Sacha Sloan and The Capitol Forum, I predicted a shift in federal priorities under the Trump administration. We may see reduced tech merger scrutiny, more settlements, and fewer international regulatory collaborations. This would align with President Trump’s more isolationist stance, a focus on shielding U.S. tech from foreign regulation, and, I might add, a desire to buttress national champions competing with Chinese enterprises. https://dickinsonlaw.psu.edu/associate-dean-daryl-lim-tech-industry-anticipates-shift-regulatory-landscape-under-trump Penn State Dickinson Law
Competition Policy International | Notification and Permission-Based Approaches for Generative AI Platforms
BlogI recently examined the regulatory frameworks governing generative AI platforms in the October 2024 issue of Competition Policy International’s TechREG Chronicle. My article compares the flexibility of the U.S.’s notification-based DMCA model with the EU’s permission-based AI Act. I suggest a hybrid regulatory approach to balance innovation with IP protection. It proposes a forward-looking solution to reconcile the needs of content creators and technological advancement. Penn State Dickinson Law https://dickinsonlaw.psu.edu/associate-dean-daryl-lim-explores-ai-copyright-challenges-cpi-techreg-chronicle
Exploring New Horizons | Penn State Dickinson Law Study Trip to Singapore
BlogThis week, I sat down with my Penn State Dickinson Law colleague, Toni Fitzgerald, to talk about the Dickinson Law delegation study trip to Singapore. It was a carefully crafted journey to bridge continents, spark meaningful dialogue, and explore future global legal education and practice pathways. Stay tuned for updates on Toni’s coverage, which will capture the experiences, highlights, and key takeaways of our time in Singapore. We’re excited to share this journey with you all, and we hope Toni's articles will inspire others to think globally and pursue bold, cross-border educational experiences.
Exploring the Frontier of IP and Technology Dispute Resolution | Highlights from the CIArb-IPOS Conference
BlogWolters Kluwer: International Arbitration & Mediation Blog recently published Lingeng Zhuang's splendid write-up on the IP and Technology Dispute Resolution conference that the Chartered Institute of Arbitrators (CIArb)) and Intellectual Property Office of Singapore (IPOS) co-hosted. It includes an account of the AI panel I participated in with Gabriel Ong, Simon Chesterman, Amita Haylock, Jonathan Lim, and David Llewelyn. The conference also featured sessions with Justice Aedit Abdullah, Lord Justice Colin Birss, Yi-Jun Kang, FCIArb, Jean Ho, Michael Hwang S.C., Dr Stanley Lai, SC, Kevin Nash (on the rise of IP arbitration), Michael Peer, Jonathan Ellis, Richard Goh, Srividya Gopal, and Kathleen Paisley (on challenges to IP valuation), Sandy Widjaja, Ignacio de Castro, Wee Meng Chuan, Shaun Lee, FCIArb, and Jonathan Choo (on mediation of IP and technology disputes), Mark Lim, Lord Justice Birss, Ignacio de Castro, Chung Nian Lam, and Charlie Xie, PhD (on the complexities of resolving SEP and FRAND disputes). https://dickinsonlaw.psu.edu/associate-dean-daryl-lim-shares-insights-ciarb-ipos-conference-ip-and-technology-dispute-resolution https://arbitrationblog.kluwerarbitration.com/2024/10/25/exploring-the-frontier-of-ip-and-technology-dispute-resolution-highlights-from-the-ciarb-ipos-conference/