Essays & Op-Eds

CPIP scholars play an active role in the intellectual property policy debate, writing numerous op-eds and essays about intellectual property rights and the technological, commercial, and creative innovation they facilitate. These essays and op-eds have been published in a wide variety of media sources.

Below are some selected highlights.


2020 Essays & Op-Eds

Devlin Hartline
Copyright Office Questions Legality of Internet Archive’s National Emergency Library
CPIP Blog
July 13, 2020

Sean O’Connor
Cancel Culture, Copyright and the Harper’s Letter
The Hill
July 11, 2020

Ryan Reynolds
Consumer Perception Wins the Day: A Case Overview of USPTO v. Booking.com
CPIP Blog
July 6, 2020

Colin Kreutzer
(Patented) Life Begins at Forty: CPIP Celebrates the Ongoing Legacy of Diamond v. Chakrabarty
CPIP Blog
June 29, 2020

Devlin Hartline
New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach
CPIP Blog
June 22, 2020

Yumi Oda
Senate IP Subcommittee Hearing on DMCA Exposes Notice-and-Takedown Problems for Artists and Authors
CPIP Blog
June 15, 2020

Eric Priest & Sean Pager
Senator Ron Wyden, Stop Harming Independent Creators
IPWatchdog
June 11, 2020

David Ward
The AM-FM Bill and the Status of Terrestrial Music Broadcast Performance Rights
CPIP Blog
June 1, 2020

CPIP Staff
Scalia Law Students and CPIP Scholars Make an Impact in Copyright Office Section 512 Study
CPIP Blog
May 26, 2020

Erika Lietzan
Recent Developments in the Life Sciences: The Continuing Assault on Innovation by Antitrust Plaintiffs in Lantus
CPIP Blog
May 11, 2020

CPIP Staff
IP Scholars File Comments with OSTP on Public Access to Scholarly Publications
CPIP Blog
May 7, 2020

CPIP Staff
CPIP Welcomes Joshua Kresh as Deputy Director
CPIP Blog
April 28, 2020

Sandra Aistars
Copyright Notebook: Observations on Copyright in the Time of COVID-19
CPIP Blog
April 27, 2020

Sean O’Connor
Avoiding Another Great Depression Through a Developmentally Layered Reopening of the Economy
The Hill
April 27, 2020

CPIP Staff
IP Industries Step Up in This Time of Crisis
CPIP Blog
April 9, 2020

Devlin Hartline
New CPIP Policy Brief: Barnett on the End of Patent Groupthink
CPIP Blog
April 6, 2020

Devlin Hartline
Supreme Court Paves Way for Revoking State Sovereign Immunity for Copyright Infringement
CPIP Blog
March 31, 2020

Erika Lietzan
The Tradeoffs Involved in New Drug Approval, Expanded Access, and Right to Try
Objective Intent
March 21, 2020

Erika Lietzan
Vaccine Approval 101
Objective Intent
February 29, 2020

Erika Lietzan
Emergency Use Authorizations
Objective Intent
February 24, 2020

Kristen Osenga
Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument
IPWatchdog
February 20, 2020

Mark Schultz
Copyright Could Be the Next Way for Congress to Take on Big Tech
The Verge
February 13, 2020

CPIP Staff
CPIP Bids a Fond Farewell to Kevin Madigan and Seeks New Deputy Director
CPIP Blog
January 23, 2020

Kristen Osenga
Saving Functional Claiming: The Mismatch of § 112 Reform in the § 101 Reform Debate
Hudson Institute
January 10, 2020


2019 Essays & Op-Eds

Kevin Madigan
Proposed Open Access Regulation is a Solution in Search of a Problem
CPIP Blog
December 20, 2019

Kevin Madigan & Adam Mossoff
Five Years Later, the U.S. Patent System is Still Turning Gold to Lead
IPWatchdog
December 15, 2019

Devlin Hartline
Members of Congress the Latest to Question ALI’s Restatement of Copyright
CPIP Blog
December 5, 2019

CPIP Staff
A Message from CPIP on Giving Tuesday
CPIP Blog
December 3, 2019

CPIP Staff
CPIP Roundup – November 29, 2019
CPIP Blog
November 29, 2019

Jonathan Barnett
The Forgotten Virtues of Doing Nothing
Truth on the Market
November 12, 2019

CPIP Staff
CPIP Roundup – October 31, 2019
CPIP Blog
October 31, 2019

Erika Lietzan
SSRN Reading List . . . or Device Regulation: What Role for Tort Law?
Objective Intent
September 30, 2019

CPIP Staff
CPIP Roundup – September 30, 2019
CPIP Blog
September 30, 2019

Devlin Hartline
Publishers v. Audible: An Army of Red Herrings
CPIP Blog
September 18, 2019

Kristen Osenga
Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs
IPWatchdog
September 16, 2019

Kevin Madigan
Audible’s Planned Caption Service is Not Fair Use
CPIP Blog
September 12, 2019

Kristen Osenga
The IEEE IPR Policy Amendments: Strategic Behavior and Feedback Loops
IPWatchdog
September 11, 2019

Devlin Hartline
Publishers v. Audible: VCRs and DVRs to the Rescue?
CPIP Blog
September 7, 2019

CPIP Staff
George Mason University’s Antonin Scalia Law School Launches Innovation Law Clinic
CPIP Blog
September 4, 2019

CPIP Staff
CPIP Roundup – August 29, 2019
CPIP Blog
August 29, 2019

Kevin Madigan
<em>Outdated Safe Harbor Laws Have No Place in Trade Agreements
The Hill
August 23, 2019

Mark Schultz
Is There Internet Life After 30?
The Hill
August 23, 2019

Erika Lietzan
FDA’s Abandoned Proposal to Require Reporting of Data Falsification
Objective Intent
August 21, 2019

Erika Lietzan
The Big “Data Manipulation” Story
Objective Intent
August 12, 2019

Jonathan Barnett
FTC v. Qualcomm: A Case of Regulatory Capture?
Truth on the Market
July 18, 2019

Sean O’Connor
New York Times Recycles Discredited Positions on Government Patent Rights over Pharmaceuticals
CPIP Blog
July 15, 2019

Kevin Madigan & Sean O’Connor
“No Combination Drug Patents Act” Stalls, but Threats to Innovation Remain
CPIP Blog
June 27, 2019

Jonathan Barnett
Qualcomm Ruling a Case of Antitrust Gone Wrong
The Hill
May 28, 2019

Erika Lietzan
Case To Watch: Eagle v. Azar’s Hidden Chevron-Step-1 Issue
Objective Intent
May 14, 2019

CPIP Staff
Sean O’Connor Joins George Mason University’s Scalia Law Faculty
CPIP Blog
May 14, 2019

Sandra Aistars & Kevin Madigan
CASE Act Promises Long-Overdue Access to Justice for Individuals and Small Businesses in the Arts
IPWatchdog
May 9, 2019

Kristen Osenga
Over-Regulation is Killing Medical Innovation – But It’s Not the Agency You Think
Federalist Society
April 30, 2019

Kristen Osenga
When the Patent System Works
Washington Times
April 25, 2019

Devlin Hartline
Twenty Years Later, DMCA More Broken Than Ever
CPIP Blog
April 24, 2019

Kristen Osenga
Moving the (Over-Regulated) Music Industry into Modern Times
Federalist Society
April 24, 2019

Chris Katopis
Empirical Study Confirms Positive Relationship Among Patents, Technological Progress, and Societal Benefit
CPIP Blog
April 16, 2019

Ted Sichelman
Sichelman: A Defense And Explanation Of The U.S. News ‘Citation’ Ranking
TaxProf Blog
March 20, 2019

CPIP Staff
CPIP Roundup – March 19, 2019
CPIP Blog
March 19, 2019

Adam Mossoff
Apple Pays for Its Patent Infringement, But Important Legal Cases Continue
IPWatchdog
March 19, 2019

Devlin Hartline
How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It
CPIP Blog
March 7, 2019

Kevin Madigan
Supreme Court Holding on Recoverable Costs Misses the Mark
CPIP Blog
March 6, 2019

Chris Katopis & Devlin Hartline
Supreme Court to Assess USPTO’s Controversial Attorneys’ Fees Position
CPIP Blog
March 5, 2019

Chris Katopis
U.S. Rise in International IP Index Signals Progress in Ongoing Effort to Restore Faith in the Patent System
CPIP Blog
February 12, 2019

Erika Lietzan
Changes in the New Orange Book — Or, Too Much Time on My Hands
Objective Intent
February 11, 2019

Vanessa Pierce Rollins
Unverified Theory Continues to Inform FTC’s Policies Toward Patent Owners
CPIP Blog
February 5, 2019

Adam Mossoff
The FTC Joins Huawei on a Misguided Troll Hunt
Wall Street Journal
January 27, 2019

Kevin Madigan
Netflix’s Alliance with the MPAA Signals a Shift
Mister Copyright
January 25, 2019

Devlin Hartline
CPIP Scholars Join Comments to FTC on How Antitrust Overreach is Threatening Healthcare Innovation
CPIP Blog
January 9, 2019

Devlin Hartline
CPIP’s Sean O’Connor Files Comments with FTC on Consumer and Competition Concerns with Copyright Licensing
CPIP Blog
January 8, 2019

Devlin Hartline
CPIP Scholars Join Comment Letter to FTC Supporting Evidence-Based Approach to IP Policymaking
CPIP Blog
January 7, 2019

Erika Lietzan
Patent Term Restoration – Denied!
Objective Intent
January 7, 2019


Past Essays & Op-Eds