Brad Watts – Section 101 Reform Efforts in the 116th Congress: Clause 8, Episode 22

Brad Watts is the Majority Chief Counsel and Staff Director for the Senate Subcommittee on Intellectual Property. Under the leadership of Senator Thom Tillis, Brad Watts has led the effort to fix the Section 101 patent eligibility mess.

A series of Supreme Court decisions over the last decade have caused enormous confusion and uncertainty with regard to patent eligibility. After the 2018 midterm elections, to the relief of many in the innovation community, Senators Thom Tillis and Chris Coons requested to reinstate the Senate Subcommittee on IP to fix this issue. The process for reforming 101 included a framework released in April 2019, a bipartisan, bicameral draft bill released in May 2019, and an unprecedented three days of hearings with 45 witnesses representing almost every imaginable view on the subject.

At the end of those hearings, Sen. Tillis said “I want to do this quickly . . . I think we can review the record and make changes, garner consensus, and introduce a final bill sometime after the July 4 recess.”  That never happened.

In an IP Watchdog interview earlier this year, Sen Tillis explained that the Section 101 reform “process stalled because stakeholders refused to compromise.”

What happened? Is the effort to reform Section 101 really over? Why did the effort fail in this Congress? What should the innovation community do help revive the effort? Is there a possibility of a narrow medical diagnostics fix that is likely to lead many others pushing for reform disappointed?

In this episode, I speak with Brad about what really happened during this last attempt at reform, why it wasn’t successful, where to go from here, and much more.

Some of the topics discussed:

  • How Capitol Hill staffers learn about IP issues
  • Influence of Professor David Taylor’s research about the current patent eligibility jurisprudence and its negative impact on investment
  • What prompted Sen. Tillis to focus on patent eligibility reform and restart the Senate Subcommittee on IP
  • Process laid out by Sen. Tillis for patent eligibility reform legislation
  • Why everyone who wanted to engage in good faith was invited to be part of the process
  • Whether goal was to pass bill this Congress or to start a multi-Congress effort
  • Bad faith efforts to stop patent eligibility reform and why even some opponents of patent eligibility reform might have legitimate points
  • How the bipartisan, bicameral draft bill released in May 2019 was drafted – involvement of staffers Jamie Simpson, Phil (Phillip) Warrick, and Tom (Thomas) Stoll and the principals
  • Possibility of narrow diagnostics-only fix for Section 101 and why Sen. Tillis is open to it
  • Why Sen. Tillis never introduced a bill after the 3 day of hearings
  • How stakeholders can reach consensus with regards to patent eligibility to make reform possible
  • Continued work on patent eligibility reform
  • How stakeholders can and should communicate their position and concerns to Sen. Tillis and their own Senators about IP issues in general

Listen and subscribe on IPwatchdog.com or your favorite podcasting app!

 

Professor Adam Mossoff – Academics in IP: Clause 8, Episode 21

When Eli first started practicing in the late aughts, he found that a lot of what he was seeing about patents in various academic papers and studies, on Capitol Hill, and even in Supreme Court decisions, didn’t really reflect the reality of what he was seeing in practice, talking to innovators. In contrast, Professor Adam Mossoff’s compelling work, including articles in various general interest newspapers, stood out.  Not surprisingly, he is largely responsible for providing the intellectual foundation that has helped shift the anti-patent narrative.  So, it was a huge honor to talk to someone who not only helped shape Eli’s own thinking about patent and IP policy issues but has really shaped the current debates in Washington, DC about these issues.

Professor Mossoff is currently Professor of Law at George Mason University’s Antonin Scalia Law School, a Senior Fellow at the Hudson Institute, and a Visiting Intellectual Property Fellow at the Heritage Foundation.

On this episode, Professor Mossoff and Eli discuss academics’ impact on IP policy and many other 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,
  • how current changes to the patent system can undermine a similar response to the future,
  • and much more!

Listen and subscribe on IPwatchdog.com or your favorite podcasting app!

 

Bruce MacEwen – Adam Smith, Esq.: Clause 8, Episode 20

On the latest episode of the Clause 8 podcast, Eli interviews Bruce MacEwen – the founder and president of Adam Smith, Esq. Bruce is recognized as the world’s leading expert on the economics of law firms, has written thousands of articles on the subject, and provides advice to select firms about how to succeed in the changing legal landscape.

The Great Recession spurred lots of talk about innovation, technology, alternative fee arrangements, new compensation structures, and countless of other ways that law firms need to change. However, the economic boom that followed has allowed “Big Law” firms to continue to thrive without making any substantial changes. The COVID-19 pandemic has caused painful flashbacks for many law firm leaders who previously led their firms through the Great Recession. At the same time, the continued uncertainty and uneven impact on the economy, has made it much more difficult for law firms to decide what steps need to be taken. For example, in the IP field, there was an initial slowdown of litigation work while patent prosecution work remained relatively stable.

Eli reached out to Bruce to get his thoughts about how law firms have been responding to the COVID-19 pandemic, what law firm leaders should be thinking about while navigating this moment in time, and the business of law in general.

On this episode, Eli and Bruce 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
  • Different law firm models – “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
  • much more!

Listen and subscribe on IPwatchdog.com or your favorite podcasting app!

 

Sarah Tsou – Patent Litigation Funding: Clause 8, Episode 19

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.

During this episode, Sarah talks about:

  • becoming a patent litigation partner at Kirkland & Ellis and working with John Desmarais before he started his firm focusing on patent monetization;
  • how patent litigation funding can help in-house attorneys who are facing shrinking patent litigation budgets due to the Covid-19 pandemic;
  • what 1% of cases have the rare mix of merits and economics to receive funding from top litigation funders, including a discussion of specific amounts of potential damages and legal fees;
  • how she finds the cases that she funds;
  • why having the right patent litigation attorneys who are willing to share the risk is crucial;
  • what a Chief IP Counsel should think about when building a patent portfolio if he’s interested in possibly taking advantage of patent litigation funding in the future;
  • the importance of curiosity for junior attorneys who want to enter the litigation funding field;
  • and much more!

Listen and subscribe on IPwatchdog.com or your favorite podcasting app!

 

Brian Pomper – The Innovation Alliance: Clause 8, Episode 18

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!

Listen and subscribe on IPwatchdog.com or your favorite podcasting app!

 

Frank Jakes, Legendary Trial Attorney – Clause 8 – Episode 16

This episode of Clause 8 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.

Listen and subscribe on IPwatchdog.com.

 

Bunch O Balloons Inventor Josh Malone – Clause 8 – Episode 16

Tune into Eli Mazour‘s Clause 8 Podcast for an exclusive 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.

Listen and subscribe on IPwatchdog.com.

 

Clause 8’s Eli Mazour Named Partner

WASHINGTON, DC (January 28, 2020) Harrity & Harrity, LLP is excited to announce that Eli Mazour has been named partner of the firm. Mazour’s expert knowledge of the patent field, creativity and efficiency in patent prosecution, strong business acumen, and large network within the patent community will be crucial factors in the growth and advancement of the firm. He is one of three new partners at Harrity, as announced by the firm last week.

“I’m excited to now be a partner at America’s most innovative patent preparation and prosecution boutique,” commented Mazour.  “This will allow me to continue to provide the greatest possible value to technology companies that are interested in growing high-quality patent portfolios that best fit their business needs.”

Mazour leads the firm’s patent prosecution team with a focus on helping Patent 300® companies build valuable, high-quality patent portfolios in an efficient manner. He has extensive experience in all aspects of patent prosecution, including preparing and prosecuting hundreds of patent applications related to computer software, Internet and e-commerce, telecommunications, networking devices, electronic consumer products, and medical devices.

Mazour has specific expertise in developing and implementing innovative patent prosecution strategies for reaching favorable results at the U.S. Patent and Trademark Office. He assists clients in evaluating existing patent portfolios, identifying strategic areas for patenting, and creating processes for harvesting disclosures of patentable inventions.

Mazour began his patent law career at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner and has been with Harrity, LLP since 2010. Throughout his tenure, Mazour has been helping clients resolve complex patent assertion and licensing issues. As a result, he is keenly aware of the pitfalls to avoid and opportunities to grasp during patent prosecution.

In addition to providing outstanding prosecution support, Mazour is the creator and host of the Clause 8 podcast, which was recently picked up by the IP field’s largest online publication, IPWatchdog.com.  Clause 8 features interviews with prominent members of the IP community in which the most interesting and influential topics of today’s patent world are discussed. As a result, Mazour is sought out by clients and professionals for his insight on various patent policy developments, including legislative proposals and changes at the United States Patent and Trademark Office (USPTO). Mazour has also partaken in several speaking engagements focused on patentability and authored a number of articles on patent strategy.

To learn more about Mazour’s background, and to view all of his speaking engagements and publications, please visit his Harrity Bio Page.

 

About Harrity & Harrity, LLP

Harrity & Harrity is a patent preparation and prosecution firm specializing in the electrical and mechanical technology areas and is considered a Go-To Firm for the Patent 300™ Our clients have come to trust in our high-quality work, experienced people, industry leading innovation, and outstanding service. For more information, visit harrityllp.com.

Kevin Jakel of Unified Patents Pt. 2 – Clause 8 – Episode 15

Tune into Eli Mazour‘s Clause 8 Podcast for 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!

Listen and subscribe on IPwatchdog.com.

Kevin Jakel of Unified Patents Pt. 1 – Clause 8 – Episode 14

Tune into Clause 8 Podcast as Harrity’s Eli Mazour delves into the unique and impressive story of Unified Patents with founder & CEO Kevin Jakel. 

“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.”

Listen and subscribe on IPwatchdog.com.

#patents #ipnews #patentnews #unifiedpatents #interviews #patentinsights #podcast #subscribe #clause8 #elimazour #kevinjakel #patenttrolls #ptab #aia

IPWatchdog Picks Up Clause 8 Podcast

IPWatchdog, Inc., the largest online publication for IP news, is now home to Eli Mazour’s Clause 8 Podcast.

Mazour, Partner at Harrity, LLP and host of Clause 8, began the podcast in 2017 as a way to share his passion for discussing intellectual property issues. He routinely meets with the most interesting and influential personalities in the IP field, provoking intriguing conversations on modern patent processes and legal innovation.

Stay in the know by listening and subscribing now at https://bit.ly/39TZP2y.

 

Gene Quinn – Clause 8 – Episode 13

On the Clause 8 Podcast, our own Eli Mazour talked to Gene Quinn about starting and running IPWatchdog.com – the most influential IP-focused website in America.  They also talked about the IP policy landscape in Washington, how to effectively impact the policy making process, and various patent issues.  #IntellectualProperty #Patents #Podcast

https://soundcloud.com/clause-8/episode-12-gilbert-hyatt

Gil Hyatt – Clause 8 – Episode 12

Eli Mazour recently interviewed the inventor of the microprocessor – Gil Hyatt – on the latest episode of the Clause 8 Podcast.  Gil talks about devoting his life to innovation, licensing patents for hundreds of millions of dollars, and getting stuck in USPTO’s Sensitive Applications Warning System (SAWS) program. #IntellectualProperty #Patents #Podcast

John Harrity – Clause 8 – Episode 11

Our Managing Partner John Harrity is the featured guest on this episode of the Clause 8 Podcast, sharing his thoughts on everything from how firms in the patent law space should be innovating, to some of the secrets of our own firm’s success. #Innovation #LawFirms #IntellectualProperty #Podcast

https://soundcloud.com/clause-8/episode-10-makan-delrahim

Makan Delrahim – Clause 8 – Episode 10

DOJ’s Antitrust Chief, Makan Delrahim, shares insight and tips for companies on FTC divide and more in Latest Clause 8 Podcast from Eli Mazour.

The podcast was originally published by Corporate Counsel here.

Following this podcast, Law360 published an article explaining the debate between DoJ and USPTO regarding the DoJ’s correction on the Standard Essential Patent (SEP) policy. For more information, read the article here (subscription required).

https://soundcloud.com/clause-8/episode-8-aaron-cooper

Aaron Cooper – Clause 8 – Episode 8

Check out the new Clause 8 interview about the passage of the American Invents Act (AIA) and how to effectively influence IP policy. Eli Mazour talks to Aaron Cooper, who served as Chief IP Counsel on the Senate Judiciary Committee and is now head of global policy at BSA | The Software Alliance.

Full Clause 8 interview available here https://www.clause8.tv/ or via your favorite podcast app.

https://soundcloud.com/clause-8/episode-7-tariq-hafiz

Tariq Hafiz – Clause 8 – Episode 7

A must-listen episode of Clause 8 for anyone interested in patent prosecution.  Eli Mazour talks to Tariq Hafiz – USPTO Director of Technology Center 3600 Business Methods – about his career at the USPTO, soon to be released 101 guidance, overlooked strategies for effectively dealing with examiners and their Supervisors, and many other subjects. 

Full Clause 8 interview available here https://www.clause8.tv/ or via your favorite podcast app.

https://soundcloud.com/clause-8/episode-6-representative-henry

Henry Waxman – Clause 8 – Episode 6

In the latest episode of Clause 8, Eli Mazour talks to legendary Congressman Henry Waxman about the passage of the Hatch-Waxman Act, current proposals to deal with the impact of new PTAB proceedings on pharma patents, effectively influencing IP policy in DC, and many other subjects.

Full Clause 8 interview available here https://www.clause8.tv/ or via your favorite podcast app.

https://soundcloud.com/clause-8/episode-5-gaston-kroub

Gaston Kroub Interview – Clause 8 – Episode 5

Eli Mazour recently interviewed Above the Law IP Columnist and Markman Advisor founder Gaston Kroub. Learn about the advantage of IP litigation boutiques handling your matters, advising financial firms about ongoing patent litigation, succeeding in the legal profession, and so much more! You do not want to miss this insider interview!

Find the full Clause 8 podcast interview available here https://www.clause8.tv/ or via your favorite podcast app.

https://soundcloud.com/clause-8/episode-4-david-kappos

David Kappos Interview – Clause 8 – Episode 4

Eli Mazour recently interviewed former USPTO Director David Kappos. Learn about his time at IBM and the USPTO, what in-house IP counsel should keep in mind, the importance of 5G technology, and so much more! You do not want to miss this insider interview!

Find the full Clause 8 podcast interview here https://www.clause8.tv/ or via your favorite podcast app. 

Clause 8 The Voice of IP

Eli Mazour Launches Clause 8 – An Online Video Interview Series Starting With Paul Michel

April 26, 2017 – Eli Mazour launched a new online video series, Clause 8, that will feature video interviews with prominent members of the IP community. IPWatchdog.com published an article highlighting the details of the first interview. 

His first interview is with former Chief Federal Circuit Judge Michel. During the interview, Judge Michel talks about his personal story and shares his thoughts about America’s patent system, patent eligibility, and the PTAB. He also provides great advice to those in, or thinking about being in, the IP field.

Please check it out and sign up to be notified about future interviews! www.clause8.tv