The Center for Innovation Policy
The Center for Innovation Policy at Duke Law is a forum for independent analysis and balanced discussion of policies for promoting technological innovation that enhances long-term social welfare.
Conversations on Innovation:
New Thinking and New Approaches
with Robert Atkinson, James Lewis, and Arti Rai
Monday, April 26, 2021
Our 2021 seminar series, “Conversations on Innovation: New Thinking and New Approaches,” seeks to shed light on innovation policy issues that are on the horizon. We will host a broad range of speakers with deep experience working within the innovation ecosystem in the U.S.A. and abroad.
To kick off the series, we were thrilled to have two knowledgeable experts sit down with Duke Law School Professor Arti Rai to exchange ideas about the evolving strengths and weaknesses of the American R&D system: Robert Atkinson, President of the Information Technology and Innovation Foundation (ITIF), and James Lewis, Director of the Technology Program at The Center for Strategic and International Studies (CSIS) in Washington, D.C. They discussed whether the U.S. should reconsider its approach to industrial policy and technology strategy in view of the vast number of internal and external challenges facing the country. For example, what innovation strategy in responding to new and newish competitors (e.g., China) would maximize social welfare? What realistic near-term developments might affect that analysis?
- Robert Atkinson
- James Lewis
- Arti Rai
What China’s S&T Modernization Means for the U.S.: A Strategic Perspective
Monday, April 12, 2021
The Impressive rise in China’s capabilities in science, technology and innovation (STI) raises important questions for the United States and other countries. Chinese progress is rightly seen as providing it with material and intellectual resources to challenge US economic and national security interests. But, after more than four decades of close US-China cooperation in science and technology, it also presents the US with a mixed set of opportunities as well as challenges. This talk will attempt to inventory the state of US-China S&T relations and suggest a menu of initiatives for the US to adopt in order to secure its strengths as an STI power.
- Duke Center on Science & Technology Policy
- Duke Asian/Pacific Studies Institute
- The Center for Innovation Policy at Duke Law
- Dr. Richard P. Suttmeier, Professor of Political Science (Emeritus), University of Oregon
- Dr. Denis Simon, Senior Adviser to the President for China Affairs and Executive Director, The Center for Innovation Policy at Duke Law
Constitutional Principals: Administrative Adjudication and Arthrex
Friday, February 12, 2021
On March 1, 2021, the Supreme Court heard argument in United States v. Arthrex, Inc. The issue before the Supreme Court is the application of the Appointments Clause to judges of the Patent Trial and Appeals Board (PTAB), a tribunal established by Congress in 2012 within the U.S. Patent and Trademark Office. In the decision, the Court of Appeals for the Federal Circuit held that the administrative patent judges of the PTAB, currently appointed by the Commerce Secretary, were principal officers who had to be appointed by the President and confirmed by the Senate. The Federal Circuit then determined that it could cure the Appointments Clause defect by prospectively severing the application of statutory removal protections to the judges. The Supreme Court will hear argument on both the principal officer question and the issue of proper remedy. Arthrex is the sixth Supreme Court case on the PTAB, and the second constitutional challenge. Persistent controversies surrounding the tribunal raise important questions for patents and innovation policy. And as a matter of administrative and constitutional law, the Arthrex case brings into sharp focus not only the proper construction of the Appointments Clause but more broadly the proper role of administrative adjudication.
To examine the issues involved, The Center for Innovation Policy at Duke Law and the Duke Law Program in Public Law co-sponsored two panel discussions on February 12, from 12 noon to 1:30 p.m. The distinguished commentators on these panels included a Federal Circuit judge and renowned academics whose scholarship has focused on the key patent, administrative, and constitutional issues.
PANEL I: IP and Innovation Policy
- The Honorable Timothy Dyk
- Prof. John Duffy
- Prof. Melissa Wasserman
- Prof. Arti K. Rai, Moderator
PANEL II: Administrative and Constitutional Law
- Prof. Michael Asimow
- Prof. Jennifer Mascott
- Prof. Nina Mendelson
- Prof. Christopher Walker
- Prof. Stuart Benjamin, Moderator