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99 minutes | 6 months ago
23. Joseph Lentivech - Ex-PTAB Judge on Ex-Parte Appeals
Judge Joe Lentivech is a former Administrative Patent Judge. On this episode, he talks about how he became an Administrative Patent Judge, how the Patent Trial and Appeal Board (PTAB) operates, how to win ex parte appeals, overcoming Section 101 rejections, oral hearings at the PTAB, and much more!
55 minutes | 8 months ago
22. Brad Watts - Section 101 Reform Efforts in the 116th Congress
Brad Watts is the Majority Chief Counsel and Staff Director for the Senate Subcommittee on Intellectual Property. Under the leadership of Sen. Thom Tillis, Brad led the herculean effort to fix the Section 101, patent eligibility mess. In this episode, Eli and Brad talk what really happened during this last attempt at reform, why it wasn’t successful, where to go from here, and much more.
65 minutes | 8 months ago
21. Professor Adam Mossoff
Welcome to Clause 8 – the Voice of IP. Clause 8 is part of IPWatchdog and hosted by Eli Mazour. If you enjoy listening, please subscribe on your favorite podcasting app, share it with others, and leave a five-star rating. This episode features an interview with Professor Adam Mossoff from George Mason University’s Scalia Law School. He is the leading academic expert when it comes to intellectual property policy issues. Most significantly, he is largely responsible for providing the intellectual foundation that has helped shift the anti-patent narrative in Washington, DC. There’s a good chance that you’ve come across his many op-eds on IP issues in publications such as the Wall Street Journal or have seen his engaging testimony at Congressional Hearings. On this episode, Eli and Professor Mossoff discuss many subjects, including: • how Richard Epstein influenced Professor Mossoff’s scholarship, • how the ideals of classical liberalism relate to intellectual property rights, • the debate among conservatives and libertarians regarding IP issues • what’s wrong about framing IP rights as being all about providing incentives, • the Supreme Court’s approach to patent cases, • why Congress and the executive branch – not the Supreme Court - are the better path for improving America’s patent system • “Why Do Law Professors Do What They Do?” • how law school professors influence the patent policy debate, • how trade organizations try to shape the patent policy debate by using law professors and other prominent attorneys, • importance of law school professors making it clear when they’re acting as advocates v. as academics, • navigating junk science studies/statistical claims about the patent system, • importance of engaging in a positive research agenda about the patent system instead of just reacting to bad scholarship, • empirical research overwhelmingly contradicting the patent holdup theory over the last 10 years, • educating Congressman Darrell Issa and the importance of having evidence and data on your side, • contradiction of China strengthening its own patent system while continuing to steal IP from other countries and having no rule of law otherwise, • the unprecedented response by the pharmaceutical industry to the COVID‑19 pandemic thanks to the foundation previously created by America’s patent system, and • how current changes to the patent system can undermine a similar response to the future.
43 minutes | 9 months ago
20. Bruce MacEwen - Adam Smith, Esq.
This episode features an interview with Bruce MacEwen. He is the founder and president of Adam Smith, Esq. and has written thousands of articles on the economics of law firms. He is recognized as the world’s leading expert in this subject and provides advice to a select number of law firms about how to succeed in the changing legal landscape. During this episode, Bruce and Eli discuss: • Why Bruce thought there was something off about law firms by Thanksgiving of his first year as an associate • How companies select & manage outside counsel • Tension of building in-house law departments v. relying on outside counsel • Why law firms refuse to do recession scenario planning • Surprising nimbleness of law firms • Law firms being much more thoughtful and humane in dealing with the Covid-19 pandemic than they were during the “Great Financial Reset of 2008” • Why successful law firm partners can be dynamite for law firms • Rethinking real estate needs of law firms • “Best-in-breed” law firms v. full-service law firms • Boutiques and benefits of a lawyer’s practice being at the core of what a firm does • Using Net Promoter Score (NPS) to evaluate law firms • Law firms deciding whether to invest in a practice area • Vision and hunger being the key to starting a successful boutique law • Difference between lawyers who succeed v. fail
54 minutes | a year ago
19. Sarah Tsou - Patent Litigation Funding
This episode features an interview with Sarah Tsou, who is an investment manager for patent litigation at the world’s leading litigation funder, Bentham IMF (now part of Omni Bridgeway Limited). The playbook is simple for deep-pocketed defendants facing lawsuits from patent owners with limited resources. Even if a patent owner has a very strong case, the defendant can just drag the case out long enough until the patent owner and his lawyers run out of resources to continue. At best, the patent owners are forced to settle lawsuits for a fraction of what they think they are owed. Patent litigation funders have changed this calculus by providing patent owners with enough resources. However, as you will hear in this episode, only 1% of cases have the rare mix of merits and economics to receive funding from top litigation funders. This episode is especially relevant because of the pressure many in-house patent litigation attorneys are facing to settle or give up because of shrinking budgets due to the Covid-19 pandemic. Eli and Sarah discuss how patent litigation funding can serve as an attractive alternative for companies that are in this position.
64 minutes | a year ago
Clause 8, Episode 18: Brian Pomper - The Innovation Alliance
This episode of Clause 8 features an interview with Brian Pomper of the Innovation Alliance. Thomas Edison, the Wright Brothers, and Charles Goodyear are some of America’s best-known innovators. Instead of just making and selling the final products, they obtained patents and licensed their innovations to manufacturers. American companies like IBM, Qualcomm, and Dolby have followed this great American tradition of focusing on innovation. However, the patent troll narrative has undermined the idea that innovators should be incentivized and rewarded for their efforts. A string of Supreme Court decisions and the passage of the American Invents Act were part of an effort to deal with the so-called “patent troll” problem. Around the time that the AIA was being debated in Congress, a diverse group of technology companies that focus on research and development formed the Innovation Alliance to educate DC policymakers. And, Brian – a registered patent attorney who worked for several years on Capitol Hill - became the executive director of Innovation Alliance shortly after it was started. During this episode, Brian discusses: • working in Congress and how he became the head of The Innovation Alliance; • the #1 way to improve the patent system; • what unites the Innovation Alliance; • how the Innovation Alliance tried to improve the AIA; • the Obama administration’s continued efforts to restrict patent rights; • how DC became more patent friendly; • the Senate IP subcommittee and why there’s still hope for legislative action to fix patent eligibility; • importance of having grassroots support for legislative efforts; • the impact that the Covid-19 pandemic is having on the patent policy debate and the Open Covid Pledge; and • much more!
70 minutes | a year ago
Episode 17: Frank Jakes - Legendary Trial Attorney
This episode features an interview with trial attorney Frank Jakes - the founder of the Intellectual Property Group at the firm of Johnson Pope in Tampa, FL. There’s a good chance that you have recently seen him questioning Joe Exotic in the Netflix documentary Tiger King. However, even before successfully representing Carole Baskin and Big Cat Rescue, Frank Jakes was already a legendary trial attorney in Tampa who handled lots of cases involving high-profile parties and interesting personalities and won many millions of dollars in verdicts. Many of those cases involved a wide variety of IP rights. During this episode, Franks talks about: • practicing IP law in Tampa, FL; • his acting background; • what makes someone a great trial lawyer; • handling IP cases on a contingency basis; • how IP owners should go about finding the best attorney to represent them; • representing a computer programmer who developed the Wheel of Fortune computer game on a contingency basis; • creatively pursuing contract and misappropriation theories in state court instead of a copyright infringement lawsuit in federal court; • facing opponents with endless resources; • his experience with patent infringement cases; • representing Larry Flynt in a case involving a promise of a $1 million reward for proving who actually killed JFK; • representing Carol Baskin and Big Cat Rescue versus Joe Exotic; • whether he ever feared for his life after the Tiger King case; and • much more!
62 minutes | a year ago
Episode 16: Josh Malone - Bunch O Balloons Inventor
The latest episode of the Clause 8 podcast features an interview with Josh Malone – the inventor of Bunch O Balloons and America’s foremost advocate for reliable patent rights. Josh came up with the idea for Bunch O Balloons to help his kids fill up 100 water balloons in less than one minute. It eventually became the most popular toy in America. However, before Bunch O Balloons even came to market, another company copied it and started selling its own versions of the product. Luckily – or so he thought at the time – Josh filed a patent application for his Bunch O Balloons invention. He did not know the enormous amount of time, money, and luck it would take to successfully enforce patents that covered his invention. This episode tells the story of what it took, including taking a trip to Bentonville, AR in the middle of the night to try to convince Walmart to stop selling knock offs of his product. During this episode, Josh talks about: • getting involved in the making of the documentary Invalidated that featured his story; • the process of innovation that allowed him to invent one of America’s most popular toy products; • strategies that he used to get patent protection for his innovation; • the process of successfully licensing an invention for a physical product; • how the “As seen on TV” company Telebrands copied his product and continued doing so after losing multiple court decisions; • the patent litigation strategy that he pursued to ultimately reach a successful settlement; • the role that the US Patent’s Office played during the Patent Trial and Appeal Board (PTAB); • why he decided it was necessary to launch a PR campaign for patent rights and advocate for those rights on Capitol Hill and elsewhere in Washington, DC – including by literally burning patents outside of the US Patent Office; • the enormous financial and psychological toll on inventors trying to enforce patent rights; • the shortcomings of contingency fee arrangements and litigation financing; • advice to other innovators who are thinking about getting patent protection; and • much more!
42 minutes | a year ago
Episode 15: Kevin Jakel of Unified Patents (Part 2)
This episode is the second and final part of our interview with Kevin Jakel, the founder and CEO of Unified Patents. On this episode, we continue the conversation with Kevin about how Unified Patents operates, discuss Unified Patents’ new program for targeting Standard Essential Patents (SEPs), debate whether the patent troll narrative has been overblown, talk about the patent quality problem, and delve into some other patent policy issues related to IPRs and the PTAB. We also find out what Kevin has in common with George Costanza!
36 minutes | a year ago
Episode 14: Kevin Jakel of Unified Patents (Part 1)
Kevin Jakel is the founder and CEO of Unified Patents. Since the passage of the American Invents Act (AIA), Unified Patents has been focused on using AIA’s new post-grant proceedings to challenge patents at the PTAB that are owned by so-called non-practicing entities or “patent trolls.” This is an amazing story of rare and impressive innovation in the patent field. It is also a story about how the AIA allowed third parties – that are not directly involved in a patent dispute - to “independently” challenge patents at the PTAB. When Unified Patents is unsuccessful in challenging a patent at the PTAB, Unified Patents’ member companies are able to separately challenge the validity of the same patent again at the PTAB or in district court. This significantly increases the costs and difficulty of trying to enforce that patent. Either because it wants to keep patent owners on edge, does not want to provide ammunition to those who question how independently it really operates from its members, or for some other reason, Unified Patents has not publicly disclosed how it decides what patents to target. This interview with Kevin tries to resolve some of that mystery surrounding Unified Patents. This episode is the first part of our interview with Kevin. We talk about his career, what drove him to start Unified Patents, how Unified Patents came about, and start our conversation about how Unified Patents operates.
75 minutes | 2 years ago
Episode 13: Gene Quinn
Gene Quinn is the founder of IPWatchdog.com. It has been the leading online publication focused on intellectual property for almost twenty years. Although they don't always agree, Federal Circuit judges, Congressional staffers, and K Street follow it closely to stay abreast of latest IP policy-related developments. During the episode, Gene discusses the serendipitous start to IPWatchdog.com, why it has been so successful, and what it's like to be read by Federal Circuit judges and other luminaries. Gene also talks about the IP policy landscape in Washington, DC and how to effectively impact the policy making process. And, Gene shares his insights regarding the state of patent eligibility, the USPTO's Patent Trial and Appeal Board (PTAB), and the future for America's patent system and innovation.
57 minutes | 2 years ago
Episode 12: Gilbert Hyatt
Gil Hyatt is one of the most significant American innovators in the field of personal computing - the inventor of the microprocessor. And, he has been involved in a David versus Goliath battle with the US Patent and Trademark Office for decades. Initially, Gil was able to successfully obtain patents for his innovations and license them for hundreds of millions of dollars. However, in the mid 1990s, the USPTO started secretly flagging his applications under the Sensitive Applications Warning System (SAWS) program and processed them in a way that prevented him from obtaining any more patents. In response, Gil filed multiple lawsuits against the USPTO (including a successful appeal to the Supreme Court). During this episode, Gil discusses his story, including a recent class action lawsuit that he filed in his continued battle to obtain the patents that he believes he deserves.
62 minutes | 2 years ago
Episode 11: John Harrity
John Harrity is the managing partner of Harrity & Harrity LLP and a leader in innovation in the legal field. John, along with his twin brother Paul Harrity, founded the patent preparation and prosecution firm almost twenty years ago. During this episode, we discussed the history of the firm, the secrets to the firm's success, and how to successfully innovate in the legal field.
37 minutes | 2 years ago
Episode 10: Makan Delrahim
Makan Delrahim is the Assistant Attorney General for the Antitrust Division. Makan is the first registered patent attorney in that role and has already made some significant changes with regards to the DoJ’s approach to intellectual property issues and encouraging innovation. During this episode, we discussed Makan's personal story, the Antirust Division itself, the intersection between patent and antitrust issues, the relationship between the DoJ and the FTC, Standard Setting Organizations, and many other topics.
56 minutes | 2 years ago
Episode 9: Kathi Vidal
Kathi Vidal is the managing partner of of the Silicon Valley office of Winston & Strawn LLP. Kathi is also one of the top patent litigators in America and one of the most interesting thought leaders in the legal industry. During this episode, we discussed how Kathi became so successful, what it’s like to be an IP lawyer in Silicon Valley, the state of patent litigation, strategic patent prosecution, business development, and many other subjects.
60 minutes | 2 years ago
Episode 8: Aaron Cooper
Aaron Cooper was the Chief Counsel for IP and Antitrust Law on the Senate Judiciary Committee during the passage of the Leahy-Smith America Invents Act (AIA) and is now the head of global policy for the trade group BSA (fka the Business Software Alliance). The AIA arguably made the most substantial changes to patent law since the Patent Act of 1836. During the episode, we discuss the passage of the AIA, post-grant proceedings created by the AIA, the role of BSA and other interest groups in shaping intellectual property (IP) policy, current patent-related legislative proposals, and many other subjects.
59 minutes | 2 years ago
Episode 7: Tariq Hafiz
USPTO's (United States Patent and Trademark Office) Director of Technology Center 3600 Business Methods discusses his career, role at the USPTO, how policy is formulated and implemented at the USPTO, taking over and turning around the TC after the Alice Supreme Court decision, and section 101 rejections. He also provides priceless advice to patent practitioners about how to successfully work with patent examiners and obtain patents.
52 minutes | 3 years ago
Episode 6: Representative Henry Waxman
Former Congressman Waxman discusses the passage of the seminal Hatch-Waxman Act, recent proposals to improve the balance between rights of brand name pharmaceutical and generic companies, and his 40-year career in Congress.
63 minutes | 3 years ago
Episode 5: Gaston Kroub
IP Columnist for Above the Law and Founding Partner at Kroub, Silbersher & Kolmykov PLLC & Markman Advisors LLC. Kroub, Silbersher & Kolmykov PLLC is an IP litigation boutique & Markman Advisors LLC is a leading consultancy on patent issues for the investment community.
42 minutes | 3 years ago
Episode 4: David Kappos
In this episode of the Clause 8 podcast, host Eli Mazour sits down with David Kappos. Mr. Kappos is the former head of intellectual property (IP) at IBM, former Director of the United States Patent and Trademark Office (USPTO), and now serves as a partner at Cravath. Eli and Mr. Kappos discuss Mr. Kappos’s career at IBM, his time as the director of the USPTO, and his advice for the current administration with regards to IP. As the conversation unfolds, Mr. Kappos shares his own story beginning in law school. He shares about how his dream for a career in patent writing and prosecution surprisingly morphed into executive opportunities at IBM. Then, Mr. Kappos provides some excellent advice on team development and leadership, specifically how to use delegation to improve yourself and your entire team. He also provides specific advice for a variety of IP counsel. Next, Mr. Kappos talks about how he ended up with his position at the USPTO and the changes he implemented to greatly improve the USPTO. Finally, as the conversation closes, Mr. Kappos comments on how the current administration is handling IP issues. He expresses gratitude for the current USPTO leadership from Director Iancu. However, he ends the conversation by calling for the White House to release a formal paper in support of policies that will help the rise of 5G technologies. All in all, Eli and Mr. Kappos’s dialogue covers a plethora of topics and is saturated with wisdom for professionals of all calibers to hear. Learn more about Clause 8: https://www.clause8.tv/ Book “Tailspin” Mentioned in Podcast: https://amzn.to/2NrQVl0
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