On Friday, February 8, 2013, I had the honor to interview Judge Richard Linn of the Federal Circuit. We met in his chambers with the recording going for approximately 60 minutes. In Part I of the interview we discussed Judge Linn’s early interest in patent law and how he found himself appointed to replace the recently deceased Judge Giles Sutherland Rich. We then discussed engaging as a lawyer with civility while still zealously representing clients. That brought us to a topic near and dear to the Judge’s heart — the Inns of Court and the many patent focused Inns across the country that together make up the Richard Linn Inn Alliance.

In Part II of the interview, which appears below, we pick up with the discussion of the Inns of Court and further discuss civility and “Rambo style lawyering,” which Judge Linn explains was really the genesis behind the forming of the Inns of Court.

QUINN: I’m a member of the Pauline Newman Inn that meets at the Patent Office, and we’re members of the Linn Inn Alliance.  I mean, first off how does that feel?   How did it come about, I guess, maybe, first off.  Second is how does that feel that the entire industries, the lawyers, are lining up in droves to join the Linn Inn Alliance?  I would think that that is great evidence of what the industry does think of you and that this is really promulgated out of one Inn.

LINN: Well, I’ve been actively involved in the Inns of Court since I came onto the Court.   The American Inns of Court is a unique organization.  It plays a unique and important role in promoting ethics, civility and professionalism, and that’s what appeals to me.  In 2000, I started attending meetings of the Giles Rich Inn, which meets here at the Federal Circuit every month.  I’m lucky enough to fill the seat once occupied by Judge Rich.  We’re sitting here in my chambers, which once were Judge Rich’s chambers.  And when I first came on to the Court I felt a special responsibility to conduct myself in a way that would have made him proud, because he was always an icon in my eyes.

On Monday the Intellectual Property Owners Education Foundation held its popular annual event simply titled PTO Day, which started early in the morning and ran throughout the day. PTO Day is, however, not the only event on the IPO calendar for December. After the close of the conference proceedings and as afternoon turns to evening a who’s who of the patent and innovation communities don black-ties (for the men) and elegant gowns (for the ladies).

One of the highlights of the year in such circles is the awarding of the National Inventor of the Year Award at a dinner ceremony in Washington, DC. This year the Awards Ceremony was hosted at the old Patent Office building, which today houses the Smithsonian American Art Museum and the National Portrait Gallery. If you have never been to this venue it is, in my opinion, one of the finest venues in all of Washington, DC for such an event. Of course, the fact that it was a first class, extraordinarily well done event only added to the evening. The meal was a fabulous shrimp appetizer, followed by filet mignon and an incredibly rich chocolate cake and ice cream for desert. The wine flowed throughout the evening, and everyone had a great time.

You would have to be living under a rock not to know that President Barack Obama was reelected last night in what really can only be characterized as a resounding victory. While I went on the record endorsing Governor Mitt Romney, rather than feeling too bad, I at least have the reassurance that the U.S. patent system will remain in capable hands for the foreseeable future.

Even in my endorsement of Governor Romney I discussed that it is undeniable that the USPTO is run better now than at any time during the Bush Administration. So while the Republicans in the patent community are no doubt disappointed about the results of the election last night, the consolation prize is that the federal agency that handles matters in our little niche will be competently run moving forward.  So there is a silver lining.

Of course, there have been rumors flying around that David Kappos will not remain at the USPTO for long even if President Obama did win reelection. No one knows for sure what will happen, and frankly who could blame Kappos if he decided that 4 years was enough and he wants to return to the private sector.  Still, if and when Kappos would make a decision to return to the private sector I would be surprised. As far as I can see he remains the highly energetic, extremely motivated, dedicated servant of the patent system that he was when he first assumed the mantle of Director in August 2009.

On September 6, 2012, I spent the day at the offices of the American Intellectual Property Law Association(AIPLA) to get a behind the scenes view of what goes on at the largest of industry organizations for intellectual property law.  My initial article on my day was published at Exclusive: Behind the Scenes at the AIPLA.

At the conclusion of my day at the AIPLA I sat down for an on the record conversation with Q. Todd Dickinson, the current Executive Director of the AIPLA and former USPTO Director.  In Part 1 of the interview we discussed how it is possible for the AIPLA to stay on top of the numerous, never-ending issues that present themselves in the Courts and at the USPTO.

In this final installment of my interview with Dickinson we discuss the Federal Circuit, including the rumors that I have heard about him possibly being on a short list for a future appointment to the Federal Circuit. As you will see, Dickinson deflected those rumors, although acknowledging they are flattering.  We then move on to talk about judicial appointments in general, as well as the next big issue that will face the Federal Circuit in the coming years.

Without further ado, here is the conclusion of my interview with Todd Dickinson.

On September 6, 2012, I spent the day at the offices of the American Intellectual Property Law Association (AIPLA).  The premise of my visit was to get a behind the scenes look at the inner workings of the AIPLA. I was thoroughly impressed with what I saw, as I explained in Exclusive: Behind the Scenes at the AIPLA.

As a part of this all-access look behind the scenes I interviewed Q. Todd Dickinson, the AIPLA Executive Director who is also a former Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office. This interview took place at the conclusion of our day together.

In this segment of my two-part interview with Todd Dickinson we start by discussing how the AIPLA manages the daunting task of taking positions in virtually every IP issue that arises.  We then transition into discussing first-to-file and the American Invents Act.

Without further ado, here is Part 1 of my exclusive interview with Todd Dickinson.

On September 6, 2012, I spent the day at the offices of the American Intellectual Property Law Association.  The premise of my visit was to get a behind the scenes look at the inner workings of the AIPLA.  In order to obtain this insider’s perspective I suggested that I follow Todd Dickinson around for a day.  Dickinson is the current Executive Director of the AIPLA and a former Director of the United States Patent and Trademark Office.

Dickinson and the staff at the AIPLA agreed with my request and a day where Dickinson would have both internal and public meetings was scheduled, or actually re-scheduled. This profile on the AIPLA was pitched much earlier in the year and I had hoped it could coincide with Dickinson being inducted into the IP Hall of Fame. Unfortunately, personal matters got in the way, followed by my busy travel season for the PLI patent bar review course.

Eventually, we settled on September 6, 2012. This would be the day of the USPTO roundtable in Alexandria, Virginia, held for the purpose of discussing the proposed rules relative to implementation of the first to file changes to patent law that will go effective on March 16, 2013.

I really didn’t have any preconceived notions about what I would experience at the AIPLA.  I know what the organization is, I know what they do, and over the years I have come to know Todd Dickinson, bumping into him at virtually every major industry event I attend.  While I don’t want to ruin the story by jumping to the conclusion, I can say I was thoroughly impressed by what I saw.  The shear magnitude of the work that is done by the AIPLA staff and the many dedicated attorney volunteers is staggering.

The annual meeting of the American Intellectual Property Law Association (AIPLA) was held last week in Washington, DC at the Marriott Wardman Park Hotel. The event was attended by well in excess of 2,000 attorneys predominantly from the United States, but with a strong contingency of attorneys from foreign firms. I personally had the opportunity to meet with attorneys from Canada, Japan, Korea and the United Kingdom.

One of the presentations I attended was the panel moderated by Todd Dickinson, who is the current Executive Director of the AIPLA and a former Director of the United States Patent and Trademark Office. Also on this panel were Judge Sharon Prost of the United States Court of Appeals for the Federal Circuit, USPTO Director David Kappos, Eli Lilly General Counsel Bob Armitage, Senior Counsel to the Senate Judiciary Committee Aaron Cooper and Oblon Spivak attorney W. Todd Baker.

Dickinson led an informative question and answer session centering on the expectations and early results from the various changes to the patent system implemented by the America Invents Act. The title of the panel discussion was simply – AIA – Will the New System Work? Not surprisingly, everyone was in agreement that the system will work, even if only because it has to work since now it is the law.

On Friday, October 26, 2012, at the Gala dinner event at the Annual Meeting of the American Intellectual Property Law Association (AIPLA), Judge Pauline Newman of the United States Court of Appeals for the Federal Circuit received the 2012 AIPLA Excellence Award.

The Program for the event explained that the Excellence Award was presented to Judge Newman “in recognition of extraordinary leadership and service to the Intellectual Property Community, which is representative of a distinguished career marked by intellect, integrity, and an unwavering commitment to the administration of justice.”

The AIPLA has honored a number of excellent and worthy winners in the past including Chief Judge Howard T. Markey, Chief Judge Paul Michel, Judge Rich and Donald Dunner to name but a few.  Judge Pauline Newman is now a recipient of this top industry recognition, and if you ask me she is deserving of being on the Mount Rushmore of this exclusive club.

On July 19, 2012, I interviewed Bob Stoll at the Washington, D.C., offices of Drinker Biddle. In part 1 we discussed his adjusting to life in the private sector, the fact that he doesn’t enjoy the billable hour part of private practice (just like every other attorney I know) and we discussed politics a bit, as well as the U.S. economy and innovation policy. In part 2 we discussed Presidential politics, how innovation drives the U.S. economy, why a great new technology that has spawned an entirely new industry as we have coming out of so many recessions in the past, patent examination process and how to streamline the examination process.

In this final installment, Bob Stoll and I discuss the United States Supreme Court. We spend some time talking about the Supreme Court’s recent patent eligible subject matter decisions. We also discuss the problem of bad patent applications contributing to bad law and slower, more inefficient patent prosecution. We also discuss inequitable conduct after Therasense and who might make a good addition to the Federal Circuit. Stoll says the name he keeps hearing is Todd Dickinson.

Without further ado, here is part 3 of my interview with Bob Stoll.

AIPLA is proud to announce that Executive Director Q. Todd Dickinson will be inducted into the IP Hall of Fame for 2012.

The IP Hall of Fame was created in 2006 by Intellectual Asset Management magazine to identify and honor individuals who have helped to establish intellectual property as one of the key business assets of the 21st century.

“We are thrilled that Todd will receive this recognition,” said William G. Barber, AIPLA President. “Todd has been a great leader at AIPLA since he took over in 2008, and it is wonderful to see his long-time contributions to our industry recognized.”

ARLINGTON, VA – The American Intellectual Property Law Association (AIPLA) is pleased to announce that Albert Tramposch, Administrator for Policy and External Affairs at the United States Patent and Trademark Office (USPTO), will resume his former post as AIPLA Deputy Executive Director for International and Regulatory Affairs, beginning January 16, 2012.

“We are delighted that Al is rejoining the AIPLA, and commend him for generously dedicating a portion of his career to public service at the USPTO,” said AIPLA Executive Director Todd Dickinson. “We are very fortunate to have someone of Al’s talent and background returning to our Senior Staff, where he has proven himself to be a great asset to the Association and its members.”

U.S. Commerce Secretary Gary Locke will belatedly commemorate World Intellectual Property Day on Thursday, May 5, 2011, in a ceremony at the Rayburn House Office Building in the House Judiciary Committee hearing room.  The event will take place starting at 4:00 pm.  Secretary Locke’s remarks will begin at approximately 4:10 pm, and he is expected to highlight the importance of intellectual property protection and enforcement to the U.S. economy, celebrating the 11th anniversary of World Intellectual Property Day.  World Intellectual Property Day is April 26, 2011, each year.  For more on the worldwide celebration of World Intellectual Property Day this year see Ranting on Congress: Not a Happy World IP Day in the US.

ARLINGTON, VA — In April 12, 2011 letters to House and Senate leaders, the American Intellectual Property Law Association (AIPLA) expressed deep concern about the serious shortfall in the current legislation to fund the U.S. Patent and Trademark Office.

H.R. 1473, the Full-Year Continuing Appropriations Act, 2011, is the legislation reflecting the compromise on the Continuing Resolution to fund the government for fiscal 2011. The letters point out that the provisions of the bill related to the USPTO appropriate $100 million less than the projected user fee revenues to be collected, essentially diverting that money to other government programs. In addition, the bill lacks the appropriations “buffer” language included in previous bills to ensure that the Office may utilize the fee revenue that exceeds the original projected collections for the fiscal year.

In part 1 of my interview with Don Dunner we talked about how he managed to  become the the dean of CAFC appellate advocates, arguing more than 150 cases before the court.  We also discussed many of his most high profile cases and his approach to handling multiple simultaneous appeals.  In this second installment of my interview with Dunner 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.

It has been an interesting year for us at IPWatchdog.com, from getting sued in January 2010, to exclusive interviews with the likes of Chief Judge Randall Rader, Chief Judge Paul Michel, Former U.S. Senator Birch Bayh, USPTO Director David Kappos and former USPTO Directors Todd Dickinson and Nick Godici and others, we have stayed busy. We have put more emphasis this year on reporting live from industry news events, such as from the BIO 2010 International Convention and the AIPLA Annual Meeting.  Of course, the familiar opinion commentary that I so love to write has also been a mainstay.

The big news for us is just coming in as of today. I am pleased to announce that IPWatchdog.com was selected by the readers of the ABA Journal as their favorite IP Law blog for 2010. See ABA Journal Blawg 100 IP Law category for 2010.  I am also pleased to announce that for 2010 we had over 2,000,000 visits, delivered nearly 11.8 million pages, our homepage was viewed 3.06 million times and we averaged over 67,000 unique monthly visitors!  Thanks to all our readers for coming back day after day, and thanks to all of our Guest Contributors!