Recent Episodes

June 4, 2020 Clause 8, Episode 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 select patent owners with enough resources

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May 21, 2020 Clause 8, Episode 18: Brian Pomper – 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. Hear more from Brian Pomper of the Innovation Alliance.

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May 5, 2020 Clause 8, 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.

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March 18, 2020 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.

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January 21, 2020 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!

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January 7, 2020 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.…

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September 10, 2019 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…

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July 16, 2019 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…

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June 11, 2019 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…

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March 26, 2019 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,…

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March 5, 2019 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…

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February 5, 2019 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…

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December 2, 2018 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…

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October 26, 2018 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.

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October 8, 2018 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.

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About This Podcast

Eli Mazour  is the creator and host of the Clause 8 podcast, which features interviews with the most interesting members of the IP community.  He leads the Harrity’s patent prosecution team with an ability to successfully reach agreements with USPTO patent examiners for clients’ most important patent applications. He is often sought out by various technology companies, legal and business professionals, and media organizations for his insights on various patent policy developments, including legislative proposals and changes at the USPTO.

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