The Center for Innovation Policy at Duke Law

2021-2022 China Innovation Series

The Rise of the Techno-Security State under Xi Jinping

Tuesday, January 25, 2022

SPEAKERS:

• Tai Ming Cheung
  Professor, School of Global Policy and Strategy, &
  Director, Institute on Global Conflict and Cooperation, U.C. San Diego
• Dr. Denis Simon, Moderator
  Senior Adviser to the President for China Affairs, Duke University

CO-SPONSORS:

• The Center for Innovation Policy at Duke Law
• Duke University Asian/Pacific Studies Institute
• Duke University Center for International & Global Studies

Conversations on Innovation: New Thinking and New Approaches

Antitrust Perspectives on Innovation and Competition with Fiona Scott Morton, Carl Shapiro, and Arti Rai

Thursday, December  2, 2021

The Center for Innovation Policy at Duke Law's seminar series "Conversations on Innovation: New Thinking and New Approaches" seeks to shed light on innovation policy issues that are on the horizon.

In both Congress and the Biden Administration, key policymakers are arguing that recent merger and acquisition trends call for renewed vigor in antitrust enforcement. For some, the technology and biopharmaceutical sectors are particularly promising antitrust targets. In this Conversation with Duke’s Arti Rai, Professors Fiona Scott Morton, Yale, and Carl Shapiro, U.C. Berkeley – two prominent antitrust scholars with deep government experience – discuss the implications of these antitrust arguments for innovation and competition policy. After the discussion, there will be ample time for questions from the audience.

SPEAKERS:

• Fiona M. Scott Morton
  Professor of Economics, Yale University
• Carl Shapiro
  Professor of the Graduate School, U.C. Berkeley
• Arti K. Rai, Moderator
  Faculty Co-Director, The Center for Innovation Policy at Duke Law

CO-SPONSORS:

• The Center for Innovation Policy at Duke Law
• Duke University Center for Entrepreneurship and Innovation at the Fuqua School of Business

Conversations on Innovation: New Thinking and New Approaches

How Sustainable Is the Chinese Innovation Juggernaut? with Craig Allen, Paul Triolo, Matt Turpin, and Denis Simon

Wednesday, November 3, 2021

The Center for Innovation Policy at Duke Law's seminar series "Conversations on Innovation: New Thinking and New Approaches" seeks to shed light on innovation policy issues that are on the horizon. The November 3 program featured Craig Allen, US-China Business Council, Paul Triolo, Eurasia Group, and Matt Turpin, Hoover Institute, in conversation with Dr. Denis Simon, Executive Director of the Center. After the discussion, there was ample time for questions from the audience.

SPEAKERS:

• Craig Allen
  President, US-China Business Council
• Paul Triolo
  Practice Head for Geotechnology, Eurasia Group
• Matt Turpin
  Visiting Fellow, Hoover Institution
• Dr. Denis Simon, Moderator
  Executive Director, The Center for Innovation Policy at Duke Law

CO-SPONSORS:

• The Center for Innovation Policy at Duke Law
• Duke University Center for International and Global Studies
• Duke University Asian/Pacific Studies Institute

Conversations on Innovation: New Thinking and New Approaches

The Place of Defense R&D in the U.S. Innovation System with Michael Brown and Denis Simon

Thursday, October 7, 2021

The Center for Innovation Policy at Duke Law's seminar series "Conversations on Innovation: New Thinking and New Approaches" seeks to shed light on innovation policy issues that are on the horizon. The October 7 program featured Michael Brown, Director, Defense Innovation Unit, U.S. Department of Defense in conversation with Denis Simon, Executive Director of the Center. After the discussion, there was ample time for questions from the audience.

SPEAKERS:

• Michael Brown
  Director, Defense Innovation Unit, U.S. Department of Defense
• Denis Simon, Moderator
  Executive Director, The Center for Innovation Policy at Duke Law

CO-SPONSORS:

• The Center for Innovation Policy at Duke Law
• Duke Law Center on Law, Ethics and National Security
• Duke University Center for International and Global Studies

Due to a technical problem, the recording of the program is audio-only.

Conversations on Innovation: New Thinking and New Approaches

The U.S. Innovation and Competition Act: What Will Success Look Like? with Aaron Chatterji, Kei Koizumi, and Stuart Benjamin 

Thursday, September 9, 2021

The Center for Innovation Policy at Duke Law's seminar series "Conversations on Innovation: New Thinking and New Approaches" seeks to shed light on innovation policy issues that are on the horizon. The September 9 program featured Dr. Ronnie Chatterji, Chief Economist at the U.S. Department of Commerce, and Kei Koizumi, Chief of Staff at the Office of Science and Technology Policy in the Executive Office of the President, in conversation with Prof. Stuart Benjamin, Faculty Co-Director of the Center. They discussed the ramifications of the U.S. Innovation and Competition Act (approved by the Senate in June and pending in the House) and the larger innovation and competition issues surrounding it. In the short-, medium-, and long-term, how will we know if the Act is achieving its goals? What else will need to be done to ensure the future competitiveness of the American economy? After a lengthy exchange of perspectives by the participants, there were questions from the audience.

SPEAKERS:

• Dr. Aaron Chatterji
  Chief Economist, U.S. Department of Commerce
• Kei Koizumi
  Chief of Staff, White House Office of Science and Technology Policy (OSTP)
• Stuart Benjamin, Moderator
  Faculty Co-Director, The Center for Innovation Policy at Duke Law

CO-SPONSORS:

• The Center for Innovation Policy at Duke Law
• Duke Science & Society
• Duke Innovation and Entrepreneurship Initiative

Conversations on Innovation: New Thinking and New Approaches

A Retrospective and Prospective Look at US Innovation with Dr. Kelvin Droegemeier

Wednesday, June 9, 2021

The Center for Innovation Policy at Duke Law was honored to welcome Dr. Kelvin Droegemeier for our second “Conversations on Innovation: New Thinking and New Approaches” on Wednesday, 09 June 2021, at 12:30 p.m. (ET). The program was co-sponsored by the Duke Initiative for Science & Society. Moderated by Dr. Denis Simon, Executive Director of the Center, “A Retrospective and Prospective Look at US Innovation” featured a discussion with Dr. Droegemeier on America’s evolving competitive position in science and technology as well as ways the US can enhance its ability to remain a leader in those fields that will shape our economy and society in the future. A question and answer period followed, allowing the audience to raise questions about the White House Office of Science and Technology Policy (OSTP), the various initiatives overseen by OSTP, the potential future role that OSTP might play now that it has been upgraded to a Cabinet-level position under the Biden Administration, and other issues.

As Director of the Office of Science and Technology Policy (OSTP) at the White House from 2017–2021, Dr. Kelvin Droegemeier presided over an intensive effort across the entire US government “to advance America’s global leadership in the industries of the future.” OSTP provided leadership and guidance in a number of critical science and technology areas, including: establishing American leadership in artificial intelligence; pushing ahead on a national quantum information initiative; launching a national strategic plan on advanced manufacturing; coordinating a national effort on health security and innovation; enhancing American security through a national strategy on critical and emerging technologies; and, a strategy for developing the S&T workforce of the future. During Dr. Droegemeier’s time at OSTP, particular focus went towards maintaining the integrity of the American research enterprise, identifying threats to the US R&D system, and developing strategies for minimizing such threats.

The Office of Science and Technology Policy was established by the National Science and Technology Policy, Organization, and Priorities Act of 1976 to provide the President and others within the Executive Office of the President with advice on the scientific, engineering, and technological aspects of the economy, national security, homeland security, health, foreign relations, the environment, and the technological recovery and use of resources, among other topics. OSTP leads interagency science and technology policy coordination efforts, assists the Office of Management and Budget with an annual review and analysis of federal research and development budgets, and serves as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans, and programs of the federal government.

SPEAKERS:

• Dr. Kelvin Droegemeier
  Former Director, White House Office of Science and Technology Policy (OSTP)
• Dr. Denis Simon, Moderator
  Executive Director, The Center for Innovation Policy at Duke Law

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 are 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 will discuss 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?

SPEAKERS:

• Robert Atkinson
  President, Information Technology and Innovation Foundation
• James Lewis
  Senior Vice President, Center for Strategic and International Studies (CSIS)
• Arti Rai, Moderator
  Faculty Co-Director, The Center for Innovation Policy at Duke Law

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.

CO-SPONSORS:

• Duke Center on Science & Technology Policy
• Duke Asian/Pacific Studies Institute
• The Center for Innovation Policy at Duke Law

SPEAKERS:

• Dr. Richard P. Suttmeier, Professor of Political Science (Emeritus), University of Oregon
• Dr. Denis Simon, Moderator, 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 will hear 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.

The Future of American Innovation & the Role of the University

Thursday, January 14, 2021

Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) spoke to the Duke, UNC, and Triangle communities about building a supportive and inclusive innovation ecosystem. He discussed the new National Council for Expanding American Innovation (NCEAI) launched in 2020, highlighting the need for additional support for under-represented minorities (URM) & women entrepreneurs.

Guest:

• Andrei Iancu, USPTO Director

Host:

• Bryant Moore, UNC Office of Technology Commercialization

Moderator:

• Arti K. Rai, CIP Director and Elvin R. Latty Professor

New Voices in Intellectual Property Scholarship

January 2021

Saurabh Vishnubhakat, Research Fellow for the Center, moderated a “New Voices in Intellectual Property Scholarship” panel at the AALS 2021 Annual Meeting. The panel provided junior intellectual property scholars an opportunity to receive useful feedback on their work from more senior reviewers before submitting their work for publication. 

Lidiya Mishchenko, Research Fellow for the Center, presented her recent work entitled “Thank You for Not Publishing.” The project addresses the heretofore unrecognized cost of publishing unexamined patent applications. The amorphous scope of patent applications injects new levels of uncertainty into patent examination and freedom to operate searching for market participants. The paper considers ways to optimize how and when patent applications are published for improved notice.

Restoring Faith in Public Science Agencies: A Fireside Chat with Dr. Anthony Fauci and Mr. Alan Alda

Friday, December 18, 2020

The Center for Innovation Policy at Duke Law co-hosted this event with Duke Science & Society, the Duke Global Health Institute, the Georgetown Law O’Neill Institute for National and Global Health, the Harvard Petrie-Flom Center for Bioethics, the Stanford Law Center for Law and the Biosciences, and the Yale School of Public Health.

As the numbers of COVID-19 infections, hospitalizations and deaths mount, we nonetheless have reason to be optimistic. Two promising vaccines, developed at record speed using cutting-edge technology, are set to be delivered to our first responders and most vulnerable citizens. A new administration will take office in January, and has promised to elevate science and science-driven policy. But the pandemic is far from over. We must treat the sick, bring infection rates under control, and successfully distribute the vaccine to most of the American public. All of this depends on rebuilding the faith of ordinary Americans in the doctors, scientists and scientific agencies who should rightfully be leading us through this perilous time.

The co-hosts and our honored guests, Dr. Anthony Fauci and Mr. Alan Alda, discussed how to restore the faith of the American people in science and the scientific agencies—what we must do now, and in the months ahead, to rebuild their trust in these essential actors and institutions.

Guests:

• Dr. Anthony S. Fauci, Director of the National Institute of Allergy and Infectious Diseases, National Institutes of Health; Chief Medical Advisor, President-Elect Joseph Biden
• Alan Alda, Six-time Emmy and Golden Globe Award Winning Actor; Inventor of the Alda Method; Founder and Visiting Professor, Alan Alda Center for Communicating Science at Stony Brook University

Moderator: 

• Hank Greely, J.D., Deane F. and Kate Edelman Johnson Professor, Stanford Law School; Director, Center for Law and the Biosciences; Director, Stanford Program in Neuroscience and Society; Chair, Steering Committee of the Center for Biomedical Ethics

Emergency Use Authorization, Public Trust, and Vaccines

Thursday, November 5, 2020

The COVID-19 crisis has spurred tremendous public and private innovation efforts, particularly in the area of vaccines. Although the social benefits of one or more safe and effective vaccines are undeniable, analysts are concerned that a vaccine authorized by the FDA through emergency use authorization (EUA) may not be both safe and effective. Additionally, in the area of vaccines, public trust plays a large role in determining ultimate social benefit. So the effect of EUA on public trust in COVID-19 vaccine innovation, and in the FDA more generally, merit close attention.

The Center for Innovation Policy at Duke Law (CIP), together with Duke Science & Society and other co-sponsors, hosted a discussion of the suitability of the EUA process for COVID vaccine innovation.
 

Panelists:

• Robert Califf, former FDA Commissioner
• Eric Topol, Founder and Director of the Scripps Research Translational Institute

Moderator:

• Arti Rai, CIP Director and Elvin R. Latty Professor

On the Ground: Inside the COVID-19 Vaccine Trials

Thursday, November 5, 2020

The Center for Innovation Policy at Duke Law co-hosted this event with Duke Science & Society, the Duke Global Health Institute, the Georgetown Law O’Neill Institute for National and Global Health, the Harvard Petrie-Flom Center for Bioethics, the Stanford Law Center for aw and the Biosciences, the UNC HIV Cure Center, and the Yale School of Public Health.

Ten months into the pandemic, we are making rapid progress toward developing a safe and effective COVID-19 vaccine, with several vaccines in Phase 3 trials in the US alone. Despite this remarkable speed, concerned citizens and members of the medical and public health communities naturally have questions: What does it mean about overall safety and effectiveness that some projects have been paused to ensure the safety and health of vaccine trial participants? Who has been included in the trial process, and how representative are they of our society? When the first vaccines are found to be safe and effective, how effective can we expect them to be, based on current indications? Join the speakers, who are overseeing COVID-19 vaccine trials for Moderna and Pfizer, in a discussion of how the COVID-19 vaccine trials are progressing in the U.S., what current indications are about their safety and efficacy, and when we can expect initial approvals for early or limited use.

Panelists:

• Cindy Gay, M.D., M.P.H., Principal Investigator, University of North Carolina site of the Moderna SARS-COV-2 vaccine trial, Associate Professor of Medicine, Division of Infectious Diseases; Medical Director, UNC HIV Cure Center
• Chip Walter, M.D., Principal Investigator, Duke University site of the Pfizer SARS-COV-2 vaccine trial, Professor of Pediatrics, Affiliate, Duke Global Health Institute, Member in the Duke Clinical Research Institute, Member of the Duke Human Vaccine Institute; 

Moderator:

• Nita Farahany, J.D., Ph.D., Director, Duke Initiative for Science & Society, Duke University; Professor of Law and Philosophy, Duke University

Symposium on Artificial Intelligence in Federal Agencies

July 9, 2020

Faculty Co-Director, Professor Arti Rai, was a panelist at the second program of the Administrative Conference of the United States’s Symposium on Artificial Intelligence in Federal Agencies, addressing “Artificial Intelligence and Administrative Law Doctrines: Challenges and Opportunities”. Other panel members included Cary Coglianese, University of Pennsylvania Law School, and Deirdre Mulligan, University of California Berkeley School of Information; the program is moderated by David Vladeck, Georgetown University Law Center.