Posts in Podcasts

Clause 8: Former USPTO General Counsel Nick Matich on Rulemaking and the PTAB

 U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal’s decision to issue the Advance Notice of Proposed Rulemaking (ANPRM) is the latest major controversy surrounding the Patent Trial and Appeal Board (PTAB). The America Invents Act (AIA) created the PTAB and new post-grant proceedings to supposedly provide a cheaper, faster alternative to district court patent litigation. However, the PTAB quickly became known as the patent “death squad” that allows defendants to repeatedly use the post-grant proceedings to challenge the same patents until those patents are invalidated…. Nicholas Matich, who is now Principal at McKool Smith, joins the Clause 8 Podcast to share his unique perspective about the ANPRM.

IP Goes Pop! Season 4, Episode 4: McGruff the Crime Dog® and the USPTO Help IP Goes Pop!® Take a Bite Out of Counterfeits

In this episode, IP Goes Pop! is joined by an all-star lineup to discuss the dangers of counterfeit goods and the importance of intellectual property rights. Hosts Michael Snyder and Joseph Gushue are joined by: Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Kathi Vidal; Executive Director of the National Crime Prevention Council, Paul DelPonte; and the legendary McGruff the Crime Dog®. Our guests share their insights on the impact of counterfeits on society, the economy, and individual safety.

The Briefing Podcast: The Protectability of Short Phrases

“Show me the money.” “Who you gonna call?” “Go Ahead. Make my day.” While catchphrases like these often hold immense value and creators of these phrases may seek to prevent others from using them under any circumstances, the protectability of short phrases is not always straightforward.

Patently Strategic Podcast: Why Patents Exist with Adam Mossoff

Why do patents exist in the first place? What function do they serve in society? And what is their historic origin story? In this month’s episode, with the help of Professor Adam Mossoff, we zoom way out, turn the time dial back a bit, and focus on the genesis of patents and the critical role they’ve played as the primary driver in society for encouraging innovation, promoting public disclosure, facilitating technology transfer, and stimulating economic growth.

Clause 8: Shawn Lillemo on Building Software Tools for a Patent Firm in the Age of AI

Will Artificial Intelligence (AI) replace patent attorneys? “No, but someone using AI will,” says Shawn Lillemo on this episode of the Clause 8 podcast. The public launch of ChatGPT has spurred endless conversations like this about the role that technology will play in the legal profession. Eli Mazour’s colleague, Shawn, has spent more than five years thinking about the topic in his unique role as head of software development at their patent preparation and prosecution firm, Harrity, which had less than two dozen attorneys when Shawn joined.

The SEP Couch: SEPs and Brazilian Law

In this episode of The SEP Couch, Otto Licks and Roberto Rodrigues from Licks Attorneys share their experience with SEP litigation in Brazil, which is becoming a preferred venue for worldwide patent disputes because of its efficient decision-making, bifurcated system, and high-quality patents. Brazilian courts assume patents to be valid, and the number of SEPs that have been invalidated during litigation is very low. Patent holders must provide evidence of licensing negotiations before preliminary injunctions can be issued, but Brazilian courts do not determine a FRAND (fair, reasonable and non-discriminatory) rate. Brazil has never been involved in anti-suit injunctions in the past, and the courts consider the licensing negotiation track record in their decision making.

Patently Strategic Podcast: What Investors Want in Patents, with Sridhar Iyengar

Patents have many audiences, and folks from our industry tend to focus most on the patent office and the courts. But for inventors, they often care more, initially anyway, about investors. And investors are going to look at patents in very different ways than an examiner or a judge would. That’s the perspective we’re hoping to offer in this episode of Patently Strategic. What do investors want to see in patents? What do patents tell a potential investor about a founder? And what do investors wish inventors knew before coming to them?

The SEP Couch: ZTE’s Mang Zhu Talks SEP Portfolio Management

In this episode of The SEP Couch podcast, Tim Pohlmann, CEO and Founder of IPlytics, interviews Mang Zhu, who is Chief IP Strategy Officer and Head of Patent Asset Management for ZTE Corporation. Mang began her career at Motorola in 1994, and by 2003, after joining the IP team, she established a process that ensured the tracking of standardization activities during the patent prosecution process. Mang’s methodology was optimized at Motorola during the LTE development period and supported all of Motorola’s standards essential patent (SEP) licensing activities thereafter.

Understanding IP Matters: AI Bots, Creators, and Copyright — Learning to Live Together

In Episode 10, Season 2 of his podcast “Understanding IP Matters,” Bruce Berman asks questions about what generative AI means for business, creators, and society. Is the content produced by new tools like Microsoft-owned ChatGPT ownable? Is it ownable via copyright? If it is, who owns it? The human who entered the prompt, or the company that owns the tool? What about the rights of copyright owners whose works were used to train these new tools — sometimes without their consent and often without compensation? To explore how artists and inventors can continue use intellectual property to get paid for their original ideas in an AI-world, Berman hosts Keith Kupferschmid and Lana Love.

Clause 8: Joff Wild on Founding IAM for Chief IP Officers and EU Commission’s Anti-SEP Crusade

“It became obvious to me that IP was a lot more than laws and court decisions and regulations,” says Joff Wild of IAM on the latest episode of Clause 8. “IP was becoming a fundamental business asset, one that people could use to generate profits, build partnerships, go out into the markets, and raise cash. But no one was writing about that there was no coverage of that. So that said, to me, there was an opportunity to create something new.” Wild joins Eli from “across the pond” on this episode of the Clause 8 podcast to talk about founding, editing, and growing IAM.

The Briefing by the IP Law Blog: Las Vegas Raiders Sued by Law Firm for Trademark Infringement Claim Threat

The Dimopoulos Law Firm, a personal injury firm based in Las Vegas, Nevada, has filed a lawsuit against the NFL alleging that the league threatened to sue the firm for trademark infringement. The dispute arose after the firm hired three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in an advertisement that used the firm’s black and silver color scheme. According to the law firm, the advertisement did not feature any logos or trademarks of the NFL, the Raiders, or any other sports teams. Despite this, the NFL sent a cease-and-desist letter to Dimopoulos accusing the firm of unauthorized use of the Raiders’ marks.

Clause 8: Tom Irving on Litigating the First Hatch-Waxman Case and Mentoring Thousands in the Patent Field

If you’ve ever attended a major intellectual property (IP) conference and found yourself captivated by an exceptional performance during a review of recent patent court decisions, chances are you witnessed the unmatched expertise and passion of Tom Irving. After over 47 years of focusing on pharmaceutical patents, Tom has the unique vantage point of someone who saw the field explode after the passage of the Hatch-Waxman Act and the creation of the Federal Circuit.  Widely regarded as a legend of the patent bar and a virtuoso of Federal Circuit decisions, Tom Irving has made an indelible mark on the legal profession.

IP Goes Pop! – Streamlining Copyright Disputes: The Copyright Claims Board

In the latest episode of IP Goes Pop!, co-hosts Michael Snyder and Joseph Gushue are joined by special guests from the U.S. Copyright Office, Brittany Lamb, Attorney-Advisor in the Office of the General Counsel, and John Riley, Assistant General Counsel, as they dive into the evolving landscape of providing additional access for certain copyright claims, focusing on the Copyright Claims Board (CCB). Learn how the CCB makes the copyright claim system accessible for more people and why it was created, directly from the experts who contributed to its development.

Patently Strategic Podcast: Open Source and Patent Rights

Use of free open-source code can be a massive accelerant when building complex software applications. Why reinvent wheels? And depending on resources and budget, sometimes it’s the only practical way. But like with most things, free often isn’t really free. The cost is just transferred somewhere else. When it comes to open source, these short-term savings can have significant long-term consequences for your intellectual property rights. For some licenses, if open-source is included and combined with other proprietary software, the combination of that software becomes bound by the open-source license terms. This viral, infectious attribute can have profound implications for code intended to be proprietary and protected. Consequences can include being required to release your code to the public domain as open source, automatic patent licenses for other users of the open source, and an inability to assert patent rights against infringers of your invention.

The Briefing by the IP Law Blog: Woodward Asks Court to Dump Trump’s Complaint

Journalist Bob Woodward interviewed President Trump on numerous occasions during his 2019 and 2020 presidency. Trump granted consent to be recorded for Woodward’s upcoming book. Woodward later released segments of these recordings, along with one recording made with Trump during his presidential campaign in 2016, as part of an audiobook, The Trump Tapes. Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook and sued Woodard and his publisher for, among other claims, copyright infringement.