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, writers, photographers, 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.

Juelsgaard Clinic students draft amicus briefs for the Supreme Court, federal appellate and district courts, and state courts.  They prepare and submit detailed comments and live testimony in rulemaking proceedings to tech policy agencies like the FCC, Copyright Office, PTO, FDA, FTC, etc. They draft public-facing policy whitepapers or “best practices” documents. And they work closely with clients to provide counseling and legal advice to help those clients solve complex IP or or other innovation-related legal, technical and business problems.

Our cases range across the technology and industry spectrum, from internet/information technology to biotech, pharmaceuticals, clean tech, to online free speech and new media.  We handle complex matters of patent, copyright, trademark, antitrust, privacy, security and other law and regulation that can affect innovation.

In all these activities, students are immersed in the vital role lawyers play in developing and presenting sophisticated arguments on behalf of their clients to help them achieve their goals. The Juelsgaard clinic experience helps students develop a rich set of skills, judgment, professional identity, and doctrinal knowledge that they will carry beyond SLS and into their lives as lawyers and advocates.

Recent projects include numerous amicus briefs to the Supreme Court; Federal, DC, Second, Third and Ninth Circuits, several federal district courts, and the California Supreme Court in cases; major comments to the Copyright Office on DMCA Section 512 and 1201 and software copyright, to the FDA on genetic testing and personalized medicine, and to the FCC on cable set-top box innovation; several rounds of live testimony before the Copyright Office in Washington, DC and San Francisco; 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 licensing, innovative patent strategy, copyright and trademark registrations, 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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