Juelsgaard Intellectual Property and Innovation Clinic

In the Juelsgaard Intellectual Property and Innovation Clinic, students advocate on behalf of innovators, entrepreneurs, technology users and consumers; groups of technologists or legal academics; national and regional non-profit organizations; and occasionally individual inventors, start-ups, journalists, or researchers.  Our students seek to shape intellectual property law and regulatory policies to best serve their underlying goals of promoting innovation, creativity and generativity.

Under the close supervision of Clinic Director Phil Malone and Supervising Attorney and Lecturer Jef Pearlman, students work on complex matters of patent, copyright, trademark, antitrust, privacy, security and other law and regulation in areas ranging from internet and information technology to biotechnology, pharmaceuticals, clean technology, and the creation and distribution of information.

Students in the clinic are immersed in the vital role lawyers play in developing and presenting sophisticated arguments for their clients through tools that typically include:

  • amicus briefs to the US Supreme Court, federal circuit courts, federal district courts and occasionally state courts;
  • comments or testimony in rule-making and regulatory proceedings, such as comments to the Copyright Office on DMCA Section 1201 exemptions or copyright reform; to the FDA on genetic testing, personalized medicine or mobile medical technologies; to the FCC on set-top box innovation or net neutrality; to the PTO or OSTP on issues such as open access, privacy or open data; to the FTC as part of IP and innovation hearings and reports, and more;
  • comments or testimony on proposed legislation;
  • public whitepapers, policy analyses or other “best practices” documents; and
  • legal advice and counseling on IP policies, risks and opportunities.

Recent projects include numerous amicus briefs to the Supreme Court; Federal, DC, Second, Third and Ninth Circuits and several district courts; several major comments to the Copyright Office, the FCC and the FDA, several rounds of live testimony before the Copyright Office, a policy paper on behalf of tech startups advocating for net neutrality at the FCC; public whitepapers aimed at tech startups explaining alternative, innovation-friendly patent licensing practices; counseling of individual clients about fair use, first-sale and contractual issues, open source hardware, and more.

The clinic’s core mission is providing students with opportunities to serve real clients while mastering advocacy skills and tools that foster innovation by advancing a regulatory climate that is appropriately sensitive to the ways in which law can serve to promote or frustrate the inventiveness, creativity, and entrepreneurship that provide the real engine for economic growth.

We founded the Juelsgaard Clinic to try to get beyond tired pro-IP, anti-IP debates and take a nuanced, industry-specific view of IP and other regulations affecting innovation. Under Phil Malone’s direction, the clinic has done just that, weighing in in cases ranging from pharmaceutical antitrust to software patents with knowledge and sensitivity to the specific characteristics of each industry. I have been privileged to work with the clinic both as an advisor and as one of their clients, and I can attest that their work is first rate.

Mark Lemley, William H. Neukom Professor of Law and Director of the Stanford Program in Law, Science and Technology

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