Juelsgaard Intellectual Property and Innovation Clinic

The Juelsgaard Intellectual Property and Innovation Clinic provides an opportunity for students to advocate on behalf of clients for the development and application of intellectual property law and regulatory policies that maximize the underlying goals of those laws and regulations:  promoting innovation, creativity and generativity.  Students represent important stakeholders such as national and regional non-profit organizations; associations of innovators, entrepreneurs, technology users and consumers; groups of technologists or legal academics; and occasionally individual inventors, start-ups, journalists, or researchers.

Under the close supervision of Clinic Director Phil Malone, along with 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 sophisticated and interdisciplinary public policy through tools that may include:

  • amicus briefs;
  • 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 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; and
  • public whitepapers, policy analyses or other “best practices” documents.

Recent projects include amicus briefs to the Supreme Court, Second and Ninth Circuits and federal district courts; major comments to the Copyright Office and the FDA, a policy paper on behalf of tech startups advocating for net neutrality at the FCC; a public whitepaper explaining alternative, innovation-friendly patent licensing practices; counseling individual clients whose anonymity was threatened in a patent lawsuit, and more.

In all these settings, the clinic’s core mission is foster innovation by advancing a regulatory climate that is appropriately sensitive to the ways in which law—whether through litigation, legislation, or regulation—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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