Interviews

Written by Gene Quinn
President & Founder of IPWatchdog, Inc.
Patent Attorney, Reg. No. 44,294
Zies, Widerman & Malek
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Posted: February 1, 2011 @ 1:06 pm

IP Contributes $5 Trillion and 40 Million Jobs to US Economy April 11, 2012 Today I attended the an event on Intellectual Property and the US Economy which was held in the Eisenhower Executive Office Building on the White House grounds. The purpose of the event was to unveil a study — Intellectual Property and the U.S. Economy: Industries in Focus — prepared by the Economics and Statistics Administration and the United States Patent and Trademark Office. The study found that intellectual property intensive industries support at least 40 million jobs in the United States and contribute more than $5 trillion dollars to U.S. gross domestic product (GDP). That is to say that 27.7% of all jobs in the U.S. were either directly or indirectly attributable to IP-intensive industries, and the amount contributed to the U.S. economy represents a staggering 34.8% of GDP.
An Exclusive Interview with Ray Niro, Part 2 March 20, 2012 Ray Niro is a nationally recognized trial attorney specializing in the enforcement of patent, trade secret and related intellectual property rights. The name Niro, however, is not like any other in the patent industry. It was as a consequence of a lawsuit one of his clients brought against Intel in 2001 that the term "patent troll" was coined. On March 12, 2012, Niro went on the record with me in an exclusive interview. We discussed many things, including the nearly constant attempts to erode patent rights, make it more difficult for patent owners to seek redress for infringement and what the America Invents Act will mean for patent litigation moving forward. We also discussed the undeniable reality that there are bad actors in the industry.
An Exclusive Interview with Ray Niro, Mr. Patent Litigation March 18, 2012 Raymond P. Niro is patent litigator with tremendous experience and a reputation that is larger than life. To some he is a champion of independent inventors and small business community, frequent clients of his. To others he is nearly the definition of evil. It was as a consequence of a lawsuit one of his clients brought against Intel in 2001 that the term "patent troll" was coined. He has been trial counsel in literally hundreds of intellectual property cases, and since 1996, has won verdicts and settlements for his clients totaling more than $1 billion. On March 12, 2012, he went on the record for this exclusive interview.
What is WIPO Doing to Combat International Patent Scams? March 14, 2012 A conversation with Matthew Bryan, who is the Director of the PCT Legal Division at the World Intellectual Property Organization (WIPO) regarding what WIPO is doing to combat patent schemes that plague the industry. As you will see, these schemes are lucrative. In one case that Bryan tells us about, in which he was an expert witness, a court in Florida "found that in the 2 years of operating, FIPTR had received over 2.5 million dollars in payments from PCT users just in the State of Florida." With that kind of money potential it is easy to see why the scams persist.
Exclusive Interview: USPTO Chief of Staff Peter Pappas March 6, 2012 While there is no doubt that the rejuvenation of the Patent Office during the Obama Administration is directly related to the capable and steady leadership of Director Kappos, I equally have no doubt that Pappas has played a major role in reshaping the public image of the USPTO. During the Bush Administration there was a feeling that the patent bar was the enemy, not to be trusted. The flow of information from the USPTO to the industry and public was largely non-existent. That has all changed and Pappas has been at the center of coordinating the USPTO with other government agencies and in coordinating the message so that the industry and public can know and understand what the USPTO is doing and why.
Boutique Rising: A Conversation with Winthrop & Weinstine February 29, 2012 Six patent and litigation attorneys recently left the international law firm of Dorsey & Whitney LLP to join the growing Intellectual Property team at Winthrop & Weinstine, P.A. The addition of these six attorneys brings the total number of IP lawyers at Winthrop & Weinstineup to 30. This got us thinking that maybe this move is part of what seems to be a continuing trend in the intellectual property industry. With so many large firms vanishing and small to medium size firms flourishing. So I sat down to talk with Scott Dongoske, president, and Deb Cochran, marketing director, of Winthrop & Weistine for a conversation.
Exclusive Interview: Trademark Commissioner Cohn Part 2 February 24, 2012 On February 3, 2012, I had the pleasure of interviewing Deborah Cohn, the Commissioner for Trademarks at the United States Patent and Trademark Office. Part 1 of the interview was published yesterday. What follows is the remainder of the interview. We discussed a range of topics in this segment, including average pendency of trademark applications, cease and desist practice and some of the misleading letters sent to trademark owners and applicants from various third-parties that provide dubious publication services.
Exclusive Interview: Trademark Commissioner Deborah Cohn February 23, 2012 On February 3, 2012, I had the pleasure of interviewing Deborah Cohn, the Commissioner for Trademarks at the United States Patent and Trademark Office. Cohn oversees all aspects of the USPTO’s Trademarks organization including policy, operations and budget relating to trademark examination, registration and maintenance. We spoke in her office on the 10th floor of the Madison Building for approximately 55 minutes.
Exclusive Interview: Commissioner Focarino — Part 3 February 17, 2012 In this final installment of my interview with Peggy Focarino, Commissioner for Patents, we discuss the examiner count system, production and Art Units and Patent Examiners that do not issue patents. What can the Office do about rogue Examiners and rogue Art Units? Does the Patent Office even understand this is a problem? Focarino was enormously candid, and it is clear to me that senior management at the USPTO know they have a problem and are working to create fixes.
Exclusive Interview: Commissioner Focarino — Part 2 February 16, 2012 In this installment we discuss a day in the life of the Commissioner for Patents, negotiating with the Examiner’s Union relative to the updated examiner count system and implementation of the America Invents Act. Stay tuned for part 3, the interview finale, which will publish on Friday, February 17, 2012. In part 3 we discuss the fact that certain examiners and certain Art Units seem to simply not issue patents. We also discuss the process for determining where the Patent Office will locate satellite Offices.
Exclusive Interview: Commissioner for Patents, Margaret Focarino February 15, 2012 When I interviewed USPTO Director David Kappos in December I asked him about Focarino and the first words out of his mouth were: "What a wonderful leader." While that is lofty praise, it is consistent with what I have heard many times over the years. Indeed, I have only heard positive things about Focarino, and everyone expresses that she is not only a very nice person but a knowledgeable and respected leader within the Office. She is also someone that I personally respect and like.
Exclusive Interview Part 3: USPTO Deputy Director Terry Rea February 5, 2012 We begin by discussing first action allowances and whether they are frowned upon, then discuss the examination process and weave our way to Track 1 and whether you really must use Track 1 for patents likely to be litigated because you get a much more condensed, streamlined prosecution history. Over the past 10 days I have also interviewed Peggy Focarino (Commissioner for Patents), Deborah Cohn (Commissioner for Trademarks) and Peter Pappas (Chief of Staff). These interviews are being transcribed and prepared for publication. So stay tuned.
Exclusive Interview Part 2: USPTO Deputy Director Teresa Rea February 2, 2012 Part 2 of my interview with Deputy Under Secretary Rea picks up with discussion of the America Invents Act. We generally discussed the rulemaking process, the fact that the post-grant proposed rules are a bit late in coming, comments and what the USPTO will do with them, as well as the upcoming Road Show the USPTO is taking across America for the purpose of discussing implementation of the America Invents Act.
Exclusive Interview: USPTO Deputy Director Teresa Rea January 31, 2012 Deputy Director Teresa Rea has now been at the USPTO for approximately 1 year, but seems as invigorated and full of energy as she did when I first met up with her. She seems to love the job and relish the challenges that come with this moment in Patent Office history. We chatted for approximately 55 minutes, discussing USPTO hiring, the Board of Patent Appeals and Interferences, the America Invents Act, what a typical day looks like on her calendar and much more.
Accelerated Examination is Better Examination January 18, 2012 I spoke to five patent practitioners (attorneys and agents) who filed successful 12 month accelerated examination cases in 2011 to get their input on how the process went for them and what subjects should be considered by applicants and their patent counsel before embarking on it.
Kappos 2.0: USPTO Funding, Board Hiring & Harmonization January 16, 2012 In this installment we learn from Director Kappos that the USPTO budget is not a problem whatsoever. While the Office did not achieve a permanent end to fee diversion, Congress has appropriated $2.7 billion for the USPTO for this fiscal year. The USPTO is NOT operating under a Continuing Resolution (CR) as is the case with most of the rest of the federal government. Furthermore, current projections have the USPTO collecting $2.5 billion in fees this fiscal year, so there will be a $200 million subsidizing of the USPTO by the General Treasury.
Teenage Inventor Rebecca Hyndman Discusses Patents, Inventing, High School and President Obama January 14, 2012 On September 17, 2011, I attended the Signing of the America Invents Act at Thomas Jefferson High School for Science and Technology. A young lady named Rebecca Hyndman, who is a senior at the high school, introduced President Obama, which took place immediately prior to his signing the Act into law. Rebecca was chosen for this honor because at the age of just 14 she acquired a patent for her own innovation. Recently, I ran into her father, Kelly Hyndman, at another IP event. While discussing the AIA signing ceremony, I asked Mr. Hyndman if he would mind my interviewing his daughter for our blog. With his blessing I conducted the following Interview.
Kappos 2.0: Part 2 of my Interview with David Kappos January 12, 2012 The beginning of Part 2 of my interview picks up where we left off, but more generally broadens out to generically ask how Kappos approaches the daunting task of getting over 6000 patent examiners on the same page to provide uniformity when by the very nature of the decisions they make they are dealing with one-of-a-kind innovations. There is always going to be subjectivity in prosecution, but the Kappos Administration seems to have gone back the philosophy of old, which is that patents should be granted on patentable inventions and it is the job of patent examiners, with the help of applicants and attorneys, to work together to find patent allowable matter in applications. But getting the message from the 10th floor of the Madison Building to trickle down to 6000+ patent examiners is something that cannot be taken for granted.
IBM's Formula for Success: Patents, Patents and more Patents January 11, 2012 Earlier today IBM announced that it set a new U.S. patent record in 2011, marking the 19th consecutive year that the company has led the annual list of patent recipients. Leading up to this announcement I had the opportunity to chat with Manny Schecter, who is the Chief Patent Counsel for IBM, and someone I interviewed previously. Whenever I talk with Schecter I always ask him whether it is a struggle to continue to have senior management at IBM buy into eye-popping research and development budgets. Although I am sure I always sound like a broken record I am genuinely amazed. Schecter replied, as he always does, "it is not a struggle... everyone at IBM is on board with being the industry leader." IBM spends nearly $6 billion annually on research and development and has now spent a generation as the top patenting company in the world.
Kappos 2.0: Exclusive Interview with PTO Director David Kappos January 9, 2012 Director Kappos was extremely gracious with his time, speaking to me on the record for nearly 90 minutes. He answered every one of my questions without dodging, and even spent time to discuss several things I did not raise. Truthfully, I could have spoken with Director Kappos for many additional hours, but I believe you will find that neither I or he shied away from any topics. We chatted about the problems with lengthy application delays, the increasing discontent within the patent bar regarding RCE filings, the America Invents Act and the challenges he faces getting 6000+ patent examiners on the same page with policy initiatives, among many other things.
Q&A With Sarah Miller Caldicott, Thomas Edison’s Grandniece August 23, 2011 Sarah Miller Caldicott is the great grandniece of the legend himself, Thomas Alva Edison. She’s a motivational speaker, head of business consulting firm PowerPatterns and the co-author of Innovate Like Edison: The Success System of America’s Greatest Inventor. In this interview Caldicott reveals what she’s learned and gained from being related to an icon of innovation.
Using the Patent Prosecution Highway for Faster Patents July 13, 2011 Hardly a month passes without there being yet another Patent Prosecution Highway (PPH) announcement from the United States Patent and Trademark Office. The PPH is lauded by the USPTO with great frequency, and for good reason. But what exactly is the PPH and how do you use it to your benefit? Through the end of June 2011 there have been only 6,657 PPH requests, with upwards of 40,000 registered and practicing patent attorneys or agents in the United States, which means there is not a lot of collective experience with the PPH despite the obvious advantages.
One Simple Idea: Turn Your Dreams into a Licensing Goldmine June 10, 2011 But don't quit your day job as you pursue a career in inventing! When I saw that in Key's book (it appears early on) I knew the book was a winner. I can't think of any better advice to provide, and it came with the familiar stories to make the lesson real. In our conversation Key said: "Like anything else you need to test the waters. You never want to put yourself in a situation where you are desperate. Inventing is something you can do while you are working." So for goodness sake, have enough success under your belt that you have turned inventing into complete replacement income before ever making the decision to quit your day job.
An Exclusive Interview with Ted Olson & David Boies May 30, 2011 The coming together of Ted Olson and David Boies for the purpose of advocating for a judicial system was not by happenstance. As you will read in the interview that follows, the men are aware they are high profile attorneys and hope that their fame will enable them to capture the attention of legislatures, lawyers and the public. They are each committed to advocating for a judicial system starved for resources and without lobbyists of its own, but which is supposed to be a co-equal branch of government along with the Legislative and Executive Branches of government.
Attention Patent Attorneys, $25 Million Available for Inventors May 9, 2011 To help what might be the best ideas and inventions percolate to the top Foreman has created what he refers to as a "Patent Attorney Referral Program." This program is designed to benefit patent attorneys and patent agents whose clients submit innovative ideas and concepts. This isn't one of those unethical referral programs though, so no worries there. If a client of a patent attorney or patent agent is selected and accepts the offer of assistance from the Innovation Fund then the patent attorney or patent agent representing that inventor will be retained by the Innovation Fund to provide the legal services required to pursue patent rights.
Interview Finale: Manny Schecter, IBM Chief Patent Counsel April 21, 2011 We talked about Peer to Patent, Watson on Jeopardy, where the Supreme Court is heading with patent law, the usual fun questions to get to know Schecter on a personal level and more. As we moved into the "fun stuff" you will learn that one famous IBM invention was tested out in the early stages by the inventors on a Thanksgiving turkey one year, proving that innovation never takes a holiday! We also learn that Schecter is something of a James Bond fan, and selected one recent Academy Award winning film as his favorite movie.
An Interview with Manny Schecter, IBM Chief Patent Counsel April 17, 2011 On April 4, 2011, I had the honor to interview Manny Schecter, the Chief Patent Counsel for IBM Corporation. I met Manny in October 2010 when I did a CLE presentation at IBM's offices in Armonk, New York. Since that time I have worked to schedule a time to chat with him on the record, and we were recently able to coordinate and chatted on the record for approximately 60 minutes. During our conversation we talked about numerous topics, including patent reform, Microsoft v. i4i, Patent Office initiatives such as the Three Track initiative and Peer to Patent. We also discussed David Kappos, his former boss, as well as Watson's Jeopardy triumph, the new IBM IP blog and the usual fun questions.
An Interview with Sharon Barner, Former PTO Deputy Director April 10, 2011 While at the USPTO Barner commuted back to Chicago on weekends to visit her family, choosing not to uproot her children from their schools. Since leaving the Patent and Trademark Office she has returned to Chicago and to Foley & Lardner. Barner was the keynote speaker at the 5th Annual Patent Law Institute sponsored by the Practising Law Instituted. I caught up with her in San Francisco at the Patent Law Institute on March 21, 2011. What follows is the transcript of my interview with her.
Exclusive Interview: USPTO Deputy Director Terry Rea March 31, 2011 I found Terry to be extremely knowledgeable and very easy to talk to, which should probably read that I perceive her to be a patent geek just like me. A geek in a good way, of course. Those patent attorneys and agents reading know what I mean. We so enjoy what we do and so infrequently get to talk to anyone about it with anyone who really cares, so when we do the conversation is a blast. Terry Rea has been immersed in everything patents, from prosecution to opinions to interferences and litigation, and I get the sense that she loves patents and innovation. I thoroughly enjoyed my conversation with her.
An Exclusive Interview with Commerce Secretary Gary Locke March 8, 2011 During my interview with Secretary Locke we spoke about patent reform efforts in the United States Senate, what patent reform might look like from the House of Representatives, his management style and how to motivate individuals to achieve transformative change. Secretary Locke strikes me as a thoughtful person, extremely energetic, motivated to succeed and the type of person we need in government. His CEO-like approach to running the Department of Commerce and in working together with both political appointees and career employees has transformed the Patent Office, and he will be missed. I'm sure he will make an excellent Ambassador, but have to wonder about the future of the Department of Commerce and the Patent Office. Whoever becomes the next Secretary of Commerce has some big shoes to fill.
Erik Iverson: Gates Foundation Interview Part 2 March 6, 2011 As a prelude to his presentation at BIO Mr. Iverson agreed to go on the record with me. Part 1 of my interview with Mr. Iverson was published last week, and what appears below is the final segment of our discussion. We pick up with discussion of crowd sourcing techniques to enhance innovation and the humanitarian work of the Gates Foundation, as well as the humanitarian work of all those engaged in the life sciences, which Iverson says is "all about helping people and saving lives."
The 2011 Global Patent and IP Trends Indicator March 1, 2011 The survey assesses the impact of the U.S. economy on global IP strategies for 2011, and is available for free to anyone interested in the results. The survey includes a number of interesting findings, including among these are that 88% of respondents say they were in favor of a European Wide Patent System (which isn't surprising really), only 19% of respondents said they filed fewer patent application in 2010 (which probably contradicts the convention wisdom of many) and 46% of respondents brought work in house in 2010 (which might not bode well for firms heavily leveraged on work from large corporations).
Interview: Erik Iverson of the Bill & Melinda Gates Foundation February 28, 2011 Erik Iverson is Associate General Counsel with the Bill & Melinda Gates Foundation, working exclusively with Foundation's Global Health initiate. Mr. Iverson works with grantees in the development of intellectual property management plans, collaboration agreements and global access strategies with respect to the health solutions being funded by the Foundation. During our conversation Iverson and I talked about how the Gates Foundation seeks to incentivize innovators, as well as foster and respect intellectual property rights while at the same time engaging in what by its very nature is a humanitarian effort.
Part 2: Don Dunner on CAFC Judges & Future CAFC Candidates February 27, 2011 In this second installment of my interview with Don Dunner, the dean of CAFC appellate advocates, we talk about which judges on the Federal Circuit ask the most difficult questions, who he thinks are capable candidates for future federal circuit vacancies, why the Federal Circuit was created as a specialty court, continued hostility toward a purely specialty court and Congressman Issa's attempt to create a pseudo-specialty trial court for patent issues. We also touch upon the familiar fun questions and learn that one of Dunner's favorite movies is a well known courtroom comedy.
Exclusive Interview: Superstar CAFC Advocate Don Dunner February 23, 2011 Don Dunner is a partner with Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, and he has argued over 150 cases before the Federal Circuit. Dunner was enormously candid, although many of the things I would have liked to ask him had to be off the table due to ongoing litigation. In fact, Dunner is involved in three exceptionally important cases: TiVo v. Echostar, Microsoft v. i4i and Uniloc v. Microsoft. Thankfully, Dunner did agree to return to talk to us further once these important cases finally resolve without further opportunity for appeal. We did, however, go in depth discussing eBay v. MercExchange, the dynmic between the Supreme Court and the Federal Circuit, how he approaches appeals generally and specifically blow-by-blow and which Federal Circuit Judges ask the toughest questions.
Interview with Chief Justice Broderick, Part 2 February 21, 2011 If you look at the list, when they first started doing these ranking we were number one, then we were number four, and then we dropped. Now we’re number nine, and they only rank through number ten. So we’re tied for ninth with Duke, which is amazing given our size and our location. Now, the schools ahead of us are Michigan, Harvard and Stanford. In many ways we would never be on that list. To remain on the list, we needed to be in a bigger boat. We needed more resources. Otherwise, we might be pushed off the list, and we don’t want to fall off that list. So I think in some ways we were entrepreneurial as the school has always been, in ensuring our long term vitality. I think our capacity to be a larger player potentially with more resources, with more interdisciplinary activity in our IP center, has been enhanced.
Exclusive Interview: Chief Justice John Broderick February 15, 2011 On January 28, 2011, the recently retired Chief Justice of the New Hampshire Supreme Court, John Broderick, became the Dean and President of the University of New Hampshire School of Law. The new UNH School of Law is the law school formerly known as Franklin Pierce Law Center, renowned around the world for its intellectual property program. On January 31, 2011, I had the opportunity to chat with Chief Justice Broderick, who prefers to go by his first name these days.
IP Exclusive: An Interview with Congressman Jason Chaffetz February 8, 2011 Staffers worked with us to coordinate the interview with Congressman Chaffetz, which took place earlier today. I was told I would have 15 minutes with the Congressman, and graciously he allowed the interview to go a little long. We talked about the President's States of the Union address, patent reform, the USPTO budget, innovation generally, manufacturing, job creation, China and more. I think many will find what Congressman Chaffetz has to say quite interesting and very encouraging. I myself found him to be well informed and refreshingly candid.
The Business of Social Media: Protecting Trade Secrets & Trademarks in a Socially Networked World January 24, 2011 The demographics on users of social media can be surprising - a large percentage are over 35, and have six-figure incomes. These users have a lot of buying power and are often making the purchasing decisions for their households. Once they know this, clients can grasp the importance of both using social media proactively. But what is the risk? In the trade secret arena you could lose everything through inappropriate use by you or your employees, and the same is true in the trademark context as well.
Exclusive Interview With Senator Birch Bayh, Part 2 November 15, 2010 On October 12, 2010, I had the honor of interviewing retired United States Senator Birch Bayh, who was the primary architect of the landmark Bayh-Dole Act. In this second and final installment of my interview with Senator Bayh we will discuss the aforementioned loft praise for Bayh-Dole, which came from The Economist. We will also discuss statements of Vice President Biden (when he was a United States Senator) regarding the tremendous success of Bayh-Dole, how the United States can stay on the cutting edge of technology, and how to successfully lobby for changes in the patent system.
Exclusive Interview: Senator Birch Bayh on Bayh-Dole at 30 November 7, 2010 At IPWatchdog.com we will spend the next month celebrating Bayh-Dole. We kick off our month long celebration of Bayh-Dole with an exclusive interview with the chief architect of the legislation --- The Honorable Birch Bayh, a former three-term United States Senator from the State of Indiana. Senator Bayh is now with Venable LLP, which is located in Washington, DC, and where I conducted my interview with him on October 13, 2010. During this first installment of my two-part interview with Senator Bayh we discuss some of the accomplishments of Bayh-Dole and Senator Bayh tells the story of how Bayh-Dole came to be. I suspect many, if not most, will be amazed to learn just how close we came to not have this monumentally successful legislation. But for another Senator lifting a hold with an hour left in the 1980 lame duck session there would never have been a Bayh-Dole Act.
AIPLA Honors Chief Judge Paul Michel with Board of Directors' Excellence Award October 31, 2010 The Executive Director of the AIPLA, Q. Todd Dickinson, then took the stage to introduce a video that was dedicated to this year's AIPLA Board of Directors' Excellence Award. This year the award was given to the Honorable Chief Justice Paul R. Michel, who retired earlier this year. Dickinson explained the award was being given to him "in recognition of his extraordinary leadership and service to the United States Government and in particular his leadership of the Court of Appeals for the Federal Circuit as Chief Judge while having a distinguished career marked by intellect, integrity, and an unwavering commitment to the administration of justice."
Interview Sequel Finale: Michel on Appellate Advocacy at CAFC October 28, 2010 This is the final installment in my follow-up interview with Chief Judge Paul Michel, who retired from the United States Court of Appeals for the Federal Circuit effective June 1, 2010. In some ways this might be the most interesting of all of the interview segments for those practicing in the patent arena, or those who have any reason to appear in front of the Federal Circuit. In this final installment Chief Judge Michel speaks with me about what, in his opinion, makes for effective appellate advocacy, both in terms of written briefs and in terms of oral presentation.
Chief Judge Michel Sequel Part 2: Good Decisions, Bad Decisions, Supreme Court Frustrations and Criticism October 24, 2010 Chief Judge Michel graciously agreed to a second interview, which took place on September 24, 2010. In part 1 of this interview sequel, we discussed fee diversion at the USPTO, he gave an insiders view of the Senate confirmation process, discussed the confirmation process of Robert Bork and a federal judiciary that seems almost ignored by Congress. In part 2, which appears below, Chief Judge Michel and I talk about the Federal Circuit, focusing on the good decisions during his tenure on the Court, as well as a few he thought the Court got wrong, including a nearly unanimous en banc decision. We discuss inequitable conduct, his thoughts regarding the Supreme Court should be meddling with patent law so much, and what he tried to do as Chief Judge to bring the Court together and build a collegial working environment.
Federal Circuit Bar Association Honors Chief Judge Michel October 21, 2010 On Tuesday, October 19, 2010, I attended the retirement dinner and reception of the Honorable Chief Judge Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit at the Mandarin Oriental hotel in Washington DC. As fate would have it, I got lost on my way to the party. Even though I thought I gave myself plenty of time to get there, I arrived right before dinner. After dinner the celebration began with a video featuring numerous speakers and a toast. What follows is a recap of the evening's events, as well as some quotes on the record from several distinguished guests that were at the event to celebrate with Chief Judge Michel.
Interview Sequel: Chief Judge Paul Michel October 19, 2010 In July 2010 I had the privilege of interviewing Chief Judge Paul Michel of the Federal Circuit, who had just recently retired from the Court effective May 31, 2010. Chief Judge Michel spoke with me on the record for over 1 hour and 40 minutes, and even then I only was able to get to a fraction of the topics that the Chief Judge agreed to discuss on the record. Chief Judge Michel agreed to go back on the record with me to address those additional topics, such as the confirmation process to become a judge, the state of the federal judiciary, funding for the Patent Office, Federal Circuit decisions over his tenure on the Court and more. We had our second interview on September 24, 2010, again at the University Club in Washington, DC.
Mark Lemley Part 2: In re Cipro, Patent Misuse, Fun Stuff October 4, 2010 In part 1 of my interview with Mark Lemley we discussed whether the Supreme Court will take the i4i v. Microsoft case and address the presumption of validity, as well as what implications such a ruling would have on the value of previously acquired property rights. In part 2 of the interview, which appears below, we move past the presumption of validity to several other patent matters, including reverse pharma payments and In re Ciproflaxacin, the Stanford Patent Prize, patent misuse, patent trolls and the usual fun questions with a heavy emphasis on science fiction.
On the Record with Mark Lemley: The Presumption of Validity September 29, 2010 On Friday, September 17, 2010, I had the opportunity to chat with Professor Mark Lemley, who is the William H. Neukom Professor at Stanford Law School and partner in the San Francisco law firm Durie Tangri LLP. Lemley is well known both in the academic community and the practice community. In fact, he is one of only a select few that have managed to simultaneously have a stellar career both in academia and in private practice. I chat with Lemley via e-mail from time to time on various matters, and we have talked about an interview for some time. Then a draft of a amicus brief Lemly filed today with the United States Supreme Court arrived in my inbox and I knew this was the issue that would make for an excellent interview. Lemley is leading the charge of law professors who are asking the Supreme Court to review i4i v. Microsoft and address the presumption of validity enjoyed by an issued patent, pegging the presumption to those references considered by the patent examiner during prosecution.
Todd Dickinson Interview Part 3: Fee Diversion, Kappos, 3 Track September 16, 2010 My interview with Q. Todd Dickinson, the current Executive Director of the AIPLA and former Under Secretary of Commerce for Intellectual Property and Director of the Patent and Trademark Office, took place on August 19, 2010, in a conference room at AIPLA headquarters. In this final installment of the interview we discuss how current USPTO Director David Kappos is doing, whether his honeymoon period will ever end, whether there is any concern he will burn-out, and we discuss the AIPLA position on Three Track, plus the usual fun questions at the end.
Todd Dickinson Interview Part 2: Patent Reform is Not Dead September 12, 2010 In this second installment of my interview with current AIPLA Executive Director and former USPTO Director, Q. Todd Dickinson, we start out discussing pendency at the Patent Office. Dickinson tells me about the incentives he used to keep patent examiners as they matured into the level of experience where they are ready to really roll up their sleeves and become the work-horses that Office needs. We talk about the AIPLA position on the proposed Three Track Proposal now pending at the USPTO. We then moved into a very interesting discussion of patent reform, and a bombshell is dropped, at least in my opinion. I was surprised to hear Dickinson say that he does not think patent reform is dead for THIS legislative cycle. He says: "The clock’s running and, the plays have to be run a little faster," but that he "can see a path forward once the Congress returns." He goes on to point out that the American Inventors Protection Act was attached to an appropriations bill. Looking at what Congress has on its plate upon returning it looks like there are a lot of appropriations bills. Curious indeed!

About the Author

Eugene R. Quinn, Jr.
President & Founder of IPWatchdog, Inc.
US Patent Attorney (Reg. No. 44,294)
Zies, Widerman & Malek

B.S. in Electrical Engineering, Rutgers University
J.D., Franklin Pierce Law Center
L.L.M. in Intellectual Property, Franklin Pierce Law Center

Send me an e-mail

Gene is a US Patent Attorney and the founder of IPWatchdog.com. Known by many as “The IPWatchdog.” Gene started the widely popular intellectual property website IPWatchdog.com in 1999, and since that time the site has had millions of unique visitors.Gene has been quoted in the Wall Street Journal, the New York Times, the LA Times, CNN Money and various other newspapers and magazines worldwide. He represents individuals, small businesses and start-up corporations. As an electrical engineer with a computer engineering focus his specialty is electronic and computer devices, Internet applications, software and business methods.