New Clause 8 Episode: Professor Stephen Yelderman – A Personal View of How the Supreme Court Approaches IP

Eli Mazour‘s Clause 8 Podcast, The Voice of IP, has returned for Season 2, featuring all new exclusive interviews with the intellectual property community’s biggest names.


In today’s incredibly candid episode, Prof. Stephen Yelderman shares stories about his journey into patent law, why he chose to become a patent agent, meeting Justice Amy Coney Barrett, clerking at the Supreme Court, and the creative ways companies try to influence the Supreme Court. Listen here!

Prof. Yelderman insights are not to be missed by anyone who is interested in having a better understanding of how the Supreme Court approaches IP issues, how the patent system truly works, and how to succeed in the legal field.

“A piece of advice I have is when an opportunity comes, say yes to it because you oftentimes don’t have good visibility to all the doors that will open down the road.”

On the episode:

  • From engineering at Stanford to patent law to clerking at the Supreme Court
  • Perspective about the patent examination process from working as a patent agent in Silicon Valley
  • Academic consensus that leans into an anti-patent direction
  • Misguided thinking about “patent quality”
  • Different approaches to anticipation and obviousness during USPTO examination, PTAB proceedings, and district court litigation
  • Meeting and working with ACB before she joined the Supreme Court
  • The one patent case ACB decided before joining the Supreme Court that cited one of Prof. Yelderman’s articles
  • How and why the Supreme Court approaches IP cases differently from other case
  • Impact of Breyer and Kennedy
  • Gorsuch’s correct approach to patent cases & the one case he got wrong
  • Why Gorsuch’s concerns regarding the PTAB are likely to be the future consensus
  • Efforts to influence Supreme Court & impact of atmospherics on the justices’ decisions regarding patent cases

You can subscribe and listen to the full episode on your favorite podcasting app and learn more at New episodes will drop every Tuesday!