Attorneys are, by nature, skeptical and risk averse. I was repeatedly reminded of this over the last few months listening to discussions about using AI for patent practice and Senators Thom Tillis (R-NC) and Chris Coons’ (D-DE) latest effort to fix the patent eligibility mess (via the Patent Eligibility Restoration Act (PERA) of 2023). Amid the initial excitement over ChatGPT’s launch, IP attorneys rightfully turned their attention to the risks and pitfalls of using AI. However, I was surprised about the extent to which that became the focus of conversations regarding using AI for patent practice. Although I think – like in most other professional fields –patent attorneys have accepted the notion that AI will play a major role in their practice at some point in the distant future, the general consensus seems to be that the risks are too great, and the payoff is too small for that to happen anytime soon.
Play EpisodeWhen Judge Pauline Newman helped create the U.S. Court of Appeals for the Federal Circuit in 1982 to have exclusive jurisdiction over patent cases, no one could have guessed the drama that would follow almost 40 years later.. The drama, in her view, is now forcing her to choose preserving the entire structure of American government over the court she loves. In April, Gene Quinn broke the news on IPWatchdog about a complaint filed by Chief Judge Kimberly Moore of the Federal Circuit against Newman for being unable to effectively discharge the duties of her office. Days later, Newman showed up and spoke at Fordham Law School’s annual IP conference in New York, speaking with an eloquence that completely undermined the foundation of that complaint.
Play EpisodeWill Twitter’s meager patent portfolio doom Musk’s hopes of “strictly enforcing” Twitter’s IP rights? Eli is joined by return guest Kroub on this special episode to discuss how an unprecedented IP dispute between two of the world’s richest men might play out. In response to Meta successfully launching Threads, Musk’s go to lawyer Alex Spiro sent a letter to Mark Zuckerberg expressing “serious concerns that Meta…has engaged in systematic, willful, and unlawful misappropriation of Twitter’s trade secrets and other intellectual property” and intention to “strictly enforce its intellectual property rights.” Although the letter focuses on trade secrets, Spiro’s colleagues are likely busy mining Twitter’s patent portfolio.
Play EpisodeU.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.
Play EpisodeWill 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.
Play Episode“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.
Play EpisodeThe podcast listened to by sophisticated Chief IP Counsel, Federal Circuit and Unified Patent Court judges, senior government officials, and top patent dealmakers to stay ahead of the curve by understanding the personalities and forces shaping IP.