Posts in Podcasts

There’s a lot going on at the Patent Trial and Appeal Board (PTAB) right now, and it’s not just the usual noise about discretionary denial. The United States Patent and Trademark Office (USPTO) has published a one-and-done rules package that, if it survives, would fundamentally change how inter partes review (IPR) challenge works, who can challenge patents, and when. The comment window on the proposed one-and-done rule has now closed. With more than 10,000 comments received by the USPTO and over 700 individual commenters weighing in, the proposed rules package has become a flashpoint for questions that go way beyond discretionary denial and AIA trials, with many asking whether the USPTO is functionally trying to engage in de facto legislation to neuter the PTAB.

In the latest episode of IP Innovators, host Steve Brachmann speaks with Aaron Capron, partner and head of the Patent Office Practice at Finnegan, about how patent prosecution is evolving across AI, quantum computing, semiconductors, and other rapidly developing fields. Throughout the discussion, Capron consistently returns to themes that resonate deeply with experienced patent practitioners: the importance of thinking like an examiner, the need for robust infrastructure to manage complex portfolios, and the reality that legal technology—especially AI—requires thoughtful integration, not simple adoption.

This week on IPWatchdog Unleashed, I was joined by my longtime friend John White, who is the the creator of the patent bar review course I’ve taught for almost 27 years. Together we explore the intricate and ever changing patent landscape. First, we begin by discussing the bar exam and how it is changing, then we pivot to the evolving role of AI in patent law more generally. Our conversation traversed decades of personal history, friendship and professional insights, revealing how the industry has transformed over the years and what it means for the current and future generation of patent practitioners.

This week on IPWatchdog Unleashed, we feature a panel discussion that took place on October 27 as a part of our annual life sciences program. Initially styled as a conversation about how artificial intelligence is transforming life sciences, it became quickly apparent that the conversation was not going to be limited to the life sciences sector. Instead the discussion evolved into a robust discussion about data risk and intellectual property, focusing on what every innovative company should have front of mind when considering the adoption of AI tools.

The practice of music sampling, which is the integration of pre-recorded sounds into new musical gestures, experienced a golden, unregulated age in the late 1980s that is almost unimaginable today. Major works like Public Enemy’s It Takes a Nation of Millions to Hold Us Back (1988) and De La Soul’s 3 Feet High and Rising (1989) layered dozens of samples on a single track, while massive commercial hits like Tone-L?c’s “Wild Thing” (1988) openly lifted core musical elements.

In a globalized economy, it’s essential to understand that patents are still nationalized documents. For example, a U.S. patent only grants the right to exclude others from making, using, selling, and importing the claimed invention within the United States. It has no bearing on activities in Europe, Canada, Mexico, China, or anywhere else in the world. To restrict activities there, you will typically need a patent granted in each relevant country. This can boil down to filing and prosecution on a per-country basis. However, those seeking protection in Europe do have some additional options for a single application granting protection in multiple nations!

In our latest IPWatchdog Unleashed podcast, I spoke with Rob Sahr, shareholder at Wolf Greenfield and co-chair of our 2025 Life Sciences Masters™ program. Our conversation zeroed in on a hard truth the public rarely sees: moving a molecule from early discovery to an FDA-approved therapy requires a chain of scientific and economic miracles—and every one of them leans on a reliable patent system. In this conversation we discuss the extraordinary journey from molecule to medicine. Together, we explore how scientific breakthroughs depend not only on research and capital, but also on a stable and predictable patent system. From double patenting and government funding to judicial uncertainty and policy headwinds, our conversation dives into the fragile balance between innovation and patent policy—and the many scientific miracles required to bring new drugs to life.

Artificial intelligence (AI), viewed from an optimist’s perspective, is an accelerant for humans; a tool to handle tedious tasks that allow users to spend more time and energy on what really matters. On the current episode of Understanding IP Matters (UIPM), Eric Bear, a classically-trained actor, singer and dancer, and now a kinesthetic artist specializing in primate motion capture, discusses the interplay of creativity and technology. Bear is a successful entrepreneur, industry expert and inventor responsible for more than 100 patents.

In our latest IPWatchdog Unleashed podcast, we had a riveting and sometimes emotional conversation that unfolded around one of the most pressing issues in life sciences today: the journey of life-saving drugs from laboratory to patient. We discuss the pivotal role a strong patent system plays in this important journey with guest Sherry Knowles. Sherry is the founder of Knowles Intellectual Property Strategies and former Senior Vice President and Chief Patent Counsel for GlaxoSmithKline. In addition to being one of the leading voices in the life sciences and patent industries, Sherry is also a cancer survivor. Among other things we discuss numerous patent system challenges facing innovator drug companies, the downward pressure generic drugs place on the industry and leading to important drugs becoming unavailable, the role of Pharmacy Benefit Managers (PBMs) with respect to significantly raising the cost of drugs for Americans, and policy influences and legislation on Capitol Hill. Sherry also shares her personal story and insights into why patents are more than just legal constructs—they are deeply personal lifelines.

In the latest episode of IP Innovators, host Steve Brachmann discusses the evolution of patent practice, in-house innovation, and the growing role of AI with Phil Harris, Equity Partner and Patent Practice Group Leader at Holland & Hart. As firms navigate when to build their own tools versus partnering with vendors, Harris offers a grounded look at how automation is reshaping the daily realities of patent work, and why the most forward-thinking teams treat innovation not as a one-time project, but as a continuous practice.

For many guitarists, finding the right tone is a lifelong pursuit. It’s the quest for the perfect sound—a sound controlled not only by the guitar or the amplifier but also by the complex chain of electronics connecting them. Central to this are the effects pedals, and few pedals have the same mythical status as the Klon Centaur. This legendary pedal, built by guitarist and designer Bill Finnegan in the 1990s, was the subject of a recent trademark lawsuit that drew a line between a respectful “klone” (often spelled with a “K”) and an infringing counterfeit.

On the current episode of Understanding IP Matters (UIPM), Ruth Vitale, Hollywood producer, founder and co-president of Paramount Classics, and president of Fine Line Features, discusses her efforts to effect U.S. legislation that would allow for site blocking, thereby strengthening the entertainment industry and protecting U.S. consumers. As the entertainment industry is a top cultural exporter in the United States, this added protection and greater retained revenue would ensure this status continues and grows.

This week on IPWatchdog Unleashed we tackle the impact of tariffs and geopolitical uncertainty on intellectual property (IP) strategy, budgets and patent portfolios.  In today’s fast-paced global economy, intellectual property (IP) teams face unprecedented challenges and opportunities. The world is witnessing a flux of geopolitical tensions, economic uncertainties, and rapid technological advancements, all of which demand agility and strategic foresight from IP professionals. Meanwhile, to complicate matters the United States is attempting to rearrange international business norms by diversifying supply chains for particularly important goods and components, while simultaneously aggressively using tariffs to change global economic behavior and settle international conflicts and wars. There is no doubt that this is a tumultuous time for all businesses, which demands attention, forethought and deliberate strategic action.

In the third episode of IP Innovators, host Steve Brachmann sits down with Mark Kesslen, Partner and Chair of the Intellectual Property Group at Lowenstein Sandler, to trace a career that spans from the dawn of online banking and the FinTech revolution to the rise of AI in patent law. As AI tools become increasingly common in law firms and patent practices across the United States, Kesslen offers a firsthand view of how attorneys are learning to integrate these systems effectively and responsibly. From his early work digitizing finance at LabMorgan to leading AI adoption in a top-tier IP practice, Kesslen’s story reflects a profession once again at a turning point defined by the mantra: “Trust, but verify.”