Juelsgaard Intellectual Property and Innovation Clinic

 

 

The Juelsgaard Clinic had one of our busiest years yet in 2023-24. Clinic students submitted six amicus briefs in five cases: in the Federal Circuit, Tenth Circuit, district courts in the Northern District of Texas and the Eastern District of Pennsylvania, and the New York State intermediate court of appeals, in cases involving patent prosecution laches, copyright fair use for documentaries, the FTC’s new rule banning non-compete clauses in employment agreements (a rule the Clinic supported last year in separate comments to the FTC), and the right to free expression and anonymity online. JIPIC also continued to defend several small businesses in litigation in federal district court against abusive copyright and patent claims.

And students submitted four major sets of comments, three to the US Patent and Trademark Office (addressing AI Inventorship, increasing diversity and inclusive innovation in the patent system, and urging the PTO to stay focused on promoting innovation and access to information to benefit of all members of the public), and one to the California Privacy Protection Agency (highlighting several privacy related concerns with new proposed state regulations regarding risk assessments and automated decision-making technology). Clinic students also counseled a variety of individuals and small organizations, including advising AI safety researchers on safe harbors for legal risks; an innovative artists’ collective; an organization that assists small artists, writers, and musicians regarding various copyright and fair use issues; and a small music licensing service about its freedom to distribute public domain music. Other JIPIC clients included several public advocacy organizations and groups of law, economics, and business professors and scholars.

In the Juelsgaard Intellectual Property and Innovation Clinic, students engage in hands-on representation of clients in cutting-edge matters involving IP (copyright and the DMCA, patent, and trademark) and other laws and technology policy advocacy that affect innovation, including AI regulation and accountability, online speech and content moderation, tech and racial justice, antitrust and competition, pharmaceutical regulation, privacy, cybersecurity, net neutrality, and much more.

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Juelsgaard IP & Innovation Clinic students, Winter 2023
Image by Christine Baker

 

Juelsgaard Clinic students draft amicus briefs for the Supreme Court or federal appellate and district courts, or pursue litigation in federal district court. Students submit detailed comments and live testimony in rulemaking proceedings before the FCC, Copyright Office, PTO, FDA, FTC, and other agencies. Students also work closely with clients to provide counseling and legal advice to help those clients solve complex tech, IP or other innovation-related legal, technical, and business problems. And students draft public-facing policy whitepapers or “best practices” documents to influence tech policy in ways that benefit innovators and innovation. In all our work, we engage with and seek to understand the role that race, racism, and structural inequality play in the development, deployment, use, and regulation of technology. Students work on cases and projects to advocate for antiracist policies, laws, and regulations throughout the tech sector.

Julia on the left and Victoria on the right stand together wearing professional attire and smiling with the tall marble pillars and steps of the Supreme Court behind them.

Our clients are non-profits and advocacy organizations; groups of innovators, entrepreneurs, technology users/consumers, legal academics, computer scientists, or technologists; or sometimes individual entrepreneurs, startups, biohackers, media critics, or open-source advocates, among others. Our work ranges across tech areas such as internet/information technology, biotech, pharmaceuticals, and online speech and media. In all these activities, students are immersed in the vital role lawyers play in identifying and evaluating options for their clients and developing and presenting sophisticated written and oral arguments on their behalf to achieve their goals. The clinic experience helps students develop a rich set of skills, judgment, commitment to racial and social justice, professional identity, and doctrinal knowledge that they carry beyond SLS into their lives as lawyers and advocates.

Spring JIPIC ’23 students, Juelsgaard alum judicial law clerks this year in the District of Delaware (four at once!), JIPIC fun kayaking at the Elkhorn Slough

Recent projects include over 25 amicus briefs to the Supreme Court (and several times traveling to Washington, DC, to attend oral arguments), plus amicus briefs to the Federal, DC, Second, Third, Fourth, Ninth, and Eleventh Circuits and several federal district courts; and amicus submissions to the California Supreme Court, the European Court of Human Rights, and the Organization for Security and Cooperation in Europe. Students filed major comments to the US Patent Office on diversity and representation in innovation, to the FTC and CFPB on bias in the use of AI tenant screening tools, to the USPTO on AI inventorship, to the FTC on a proposed ban on non-compete agreements, to the US NTIA on AI Accountability, to the Copyright Office on DMCA Section 512 and 1201 and software copyright, and to the FDA on genetic testing and personalized medicine. Students traveled to Copyright Office roundtables in Washington, DC, Los Angeles, and San Francisco to present several rounds of live testimony. And they prepared and published public whitepapers aimed at tech startups explaining alternative, innovation-friendly patent licensing practices, and counseled numerous individual clients about fair use, first-sale and contractual issues, open source hardware and content licensing, innovative patent strategy, copyright and trademark registrations, and more.

For some of the most recent work by Juelsgaard Clinic students, see our student blog posts about their cases below.

The Clinic is hiring. We are seeking an energetic and dedicated attorney to join our teaching and practice team as the full-time resident GitHub Developer Rights Fellow. Click HERE for more information on the position and how to apply.

JIPIC Featured on MLC Blog

Juelsgaard Spring 2023 Candid
Juelsgaard Students at the PTO
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Juelsgaard Intellectual Property and Innovation Clinic 11
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Juelsgaard IP and Innovation Clinic: A Day in the Life
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Juelsgaard Clinic Students 2015
Juelsgaard Intellectual Property and Innovation Clinic
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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