On Intellectual Property

Jeff Harty
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We live in very innovative times where intellectual property rights - patents, trademarks, copyrights, and trade secrets - are a key component to the future success of almost any career or business.  Join Jeff Harty biweekly as he interviews patent and trademark professors, in house IP counsel, business leaders, IP trial attorneys and even members of the judiciary who will provide unique perspectives on what it takes to develop a successful strategy in dealing with intellectual property. Whether you are interested in intellectual property protection, enforcing IP rights or defending IP disputes, this is the podcast for you.

  1. 7. Juli

    The PTAB and the Impact of Post-Issuance Invalidity Proceedings with Jay Kesan

    It is rare to find someone in the field of intellectual property, in particular patent law, who is a scholar and a practitioner. Today, we have with us Jay Kesan who is both. Listen in for a great episode full of information about the PTAB (Patent Trial and Appeal Board) and the impact it has had on the patent system after 10 years.  In this episode, Jeff Harty and Jay Kesan discuss:  Jay’s professional career as both a law professor and a practicing patent attorney/litigator. The impact of IPRs and PGRs on the patent system. Challenging the validity of a patent in an IPR proceeding versus district court litigation.  Key Takeaways:  The PTAB was created as an alternative forum for challenging issued patents. It was hoped that the PTAB would provide a lower-cost means of challenging already-issued patents.In the past few years, the number of patent validity challenges has leveled out to about 1,500 IPRs per year.The vast majority of IPRs involve parallel district court infringement actions.The USPTO, under its new director, has issued new guidelines for discretionary denials of PTAB proceedings. A fair comment, at this stage, would be that these discretionary denials are only going to continue to decrease even when there is parallel district court litigation. “If you're a patent owner and you believe that your patents are being infringed and you're contemplating an infringement action, you have to take into account the new world that you have to deal with.” —  Jay Kesan     About Jay Kesan:  Jay P. Kesan, Ph.D., J.D., is a well-recognized and accomplished patent attorney with more than 25 years’ experience. His work encompasses all aspects of patent enforcement, patent strategy, and licensing. He has been lead counsel or co-counsel in numerous patent lawsuits in various federal district courts around the country. He has argued numerous appeals before the Court of Appeals in the Federal Circuit. He has also served as lead counsel in more than 30 IPRs and argued several times before the PTAB. He has been actively involved in every aspect of patent litigation as counsel, Special Master, appellate counsel, technical expert, legal expert, and mediator. Jay has a Ph.D. in electrical and computer engineering from the University of Texas at Austin and worked for several years as a research scientist at the IBM Thomas J. Watson Research Center. As a result, he works with clients on IP disputes that involve a wide variety of technologies and innovations. Jay is also an active empirical scholar, and his recent works have focused on cyber risk and patent policy. He has published numerous articles and six books on patent law and policy and cybersecurity and privacy with an emphasis on empirical research methodologies. He is a professor and H. Ross and Helen Workman Research Scholar at the University of Illinois at Urbana-Champaign. He is an active and widely cited scholar. Connect with Jay Kesan:  Website: https://jaykesan.com/  Email: jay@jaykesan.com  Books: https://jaykesan.com/books/  Twitter: https://twitter.com/JayKesanP  LinkedIn: https://www.linkedin.com/in/jaykesan/   YouTube: https://www.youtube.com/channel/UCENwROk5ywajSVoJWUX9SBA/featured  Connect with Jeff Harty:  Website:  https://nyemaster.com/attorney-directory/jeffrey-d-harty/ Email:  jharty@nyemaster.com LinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/

    The PTAB and the Impact of Post-Issuance Invalidity Proceedings with Jay Kesan

  2. 30. Juni

    Developing Coordinated IP Strategies and Enforcing Patent Rights in International Markets with Gary Cox

    Today, Jeff Harty and Gary Cox unpack how companies can build coordinated global intellectual property strategies that actually work in challenging markets worldwide. Gary shares how integrating prosecution, litigation, branding, and commercial IP agreements under one cohesive team can transform scattered filings into a powerful, enforceable portfolio. They also dive into the evolving patent enforcement landscape in Australia, including faster litigation times. If you’re looking to protect valuable IP on a global stage, this conversation shows what it takes to move from theory to practical, on-the-ground results. In this episode, Jeff Harty and Gary Cox discuss:  Developing a coordinated strategy for protecting inventions and trademarks in Europe, Africa, Asia, and the Middle East.Brand protection, anti-counterfeiting, anti-piracy, and enforcement in challenging markets. Key distinctions and developments in patent enforcement proceedings in Australia. Key Takeaways:  Multinationals are paying more and more attention to the intellectual property they can build, not only in branding, but also in patents.The innovation economy is ever-evolving and changing. It is being driven by politics and people as well as commerce. In Australia the courts are taking a far more proactive stance; they are pushing to move cases more quickly and cost-effectively through the system. “IP strategy isn't just one set of rights. It’s patterns, it’s trademarks, it’s designs, it’s trade secrets, it’s copyright, and it’s an ability to bring all those different rights together and to be able to deliver a package that protects the IP when it has been developed.” — Gary Cox     About Gary Cox: Gary Cox started as an Examiner of Patents with the Australian Patent Office (now IP Australia). He then transferred to private practice to assist clients with the development and prosecution of patent applications. He is an intellectual property lawyer (solicitor and barrister), an Australian patent and trademarks attorney, and a New Zealand patent attorney. Gary acts predominantly in the biotechnology and pharmaceutical industries, with his practice focusing primarily on strategic IP structuring and contentious IP actions. Much of that work is in the field of patent litigation (infringement and revocation actions) and oppositions in Australia. Gary also assists clients with freedom to operate and due diligence positions and opinions, and works with New Zealand litigators to deliver the same outcome for his clients in New Zealand. Connect with Gary Cox:  Website: https://wrays.com.au/  Email: gary.cox@wrays.com.au  LinkedIn: au.linkedin.com/pub/gary-cox/9/b21/88b  Connect with Jeff Harty:  Website: https://nyemaster.com/attorney-directory/jeffrey-d-harty/ Email:  jharty@nyemaster.com LinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/

    Developing Coordinated IP Strategies and Enforcing Patent Rights in International Markets with Gary Cox

  3. 27.05.2025

    Challenges in Navigating Noncompete Agreements and Protecting IP in the Workplace with Fran Haas

    In today’s episode, Jeff Harty and Fran Haas explore the complexities of noncompete agreements, noting their effectiveness in protecting IP but also their challenges. Fran highlights varying state laws on noncompetes and provides valuable insights related to structuring noncompete agreements with remote and mobile workforces. In this episode, Jeff Harty and Fran Haas discuss:  Noncompete agreements to protect IP and what makes them enforceable.How non-solicitation agreements and confidentiality agreements differ from noncompete agreements.Political pressure against noncompete agreements.State-specific limitations to be aware of. Key Takeaways:  What the noncompete agreement says, the law that applies, and where your employee is living or working are all variables that can greatly impact the enforceability of a noncompete.Noncompetes are politically unpopular because they are viewed as giving an employer the ability to stop someone from earning a living.Be strategic about your chosen state. Be aware of the laws in the state where your business is organized.  “Make sure your noncompete is enforceable in your chosen state. That’s a first step. It seems obvious, but with the law changing as much as it is, you should be checking in at least once a year with your employment counsel to make sure your noncompetes are still enforceable.” — Fran Haas     About Fran Haas: In her labor and employment practice, Fran Haas encounters a fair share of difficult cases, but in each matter, she’s determined to reach a conclusion that satisfies her clients. “I’m able to handle all the issues my clients might encounter,” she says. “It’s about being resourceful.” Fran litigates for employers in cases related to harassment, discrimination, retaliation, Family and Medical Leave Act, equal pay, and wrongful termination. She negotiates collective bargaining agreements on behalf of management, as well as other labor disputes. She also takes on higher education cases in matters involving Title IX, Title VII, the Violence Against Women Act, and the Iowa Civil Rights Act.  On a daily basis, Fran takes satisfaction in seeing the legal system at work. As a former law clerk for a federal judge, Fran saw firsthand how the court provides an important service to citizens, something that drives her in her practice. “It’s very rewarding to me when the system works the way it should and we get the outcome for the client,” she says. “It’s not just winning but being part of a process that works.” Connect with Fran Haas: Website: nyemaster.com/team/frances-m-haas Email: fhaas@nyemaster.com  LinkedIn: linkedin.com/in/frances-haas-47a42819 Connect with Jeff Harty: Website: nyemaster.com/attorney-directory/jeffrey-d-harty Email: jharty@nyemaster.com LinkedIn: linkedin.com/in/jeff-harty-5a9a1643

    Challenges in Navigating Noncompete Agreements and Protecting IP in the Workplace with Fran Haas

  4. 22.04.2025

    Stephen Yang: Navigating China’s Patent Landscape

    Jeff Harty discusses the evolution of China’s patent system with Stephen Yang. The conversation highlights the shift from foreign to Chinese patent filings, now at more than 3 million annually, with 1.6 million invention patent filings in 2023. In this episode, Jeff Harty and Stephen Yang discuss:  Patent filing trends in ChinaTypes of patent protectionGovernment innovation policiesPatent enforcement mechanisms and strategy Key Takeaways:  China’s patent system has dramatically transformed, with Chinese applicants now dominating patent filings. In 2023, more than 1.6 million invention patent applications were filed, with 1.5 million from Chinese applicants.China offers a unique utility model patent system. It provides a faster, cheaper alternative to invention patents with a lower inventive step threshold. These patents can be granted in about six months and can provide strategic advantages for certain types of subject matter.The Chinese government has actively driven patent innovation through national IP strategies, government subsidies, and incentives. This led to some unintended consequences like “abnormal applications” that are now being addressed.Patent enforcement in China follows a dual-track system with administrative and judicial routes. Foreign patent holders can expect a relatively neutral judicial environment, with nearly 99 percent of prevailing patent holders receiving injunctive relief and increasingly higher damage awards. “Right now, the whole atmosphere in China is pro patentee, pro rights holder. Doesn’t matter if it’s domestic or foreign.” —Stephen Yang About Stephen Yang: Stephen Yang is a patent attorney and managing partner of IP March. He began to practice IP law in 1997. Educated in both China and Canada, Stephen worked in private practice in China and as in-house counsel in Canada. He has gained a unique perspective in providing legal services to clients. Connect with Stephen Yang:  Website: https://www.ipmarch.cn/en/  LinkedIn: https://www.linkedin.com/in/stephen-yang-a243303/  Connect with Jeff Harty:  Website: nyemaster.com/attorney-directory/jeffrey-d-harty Email: jharty@nyemaster.com LinkedIn: linkedin.com/in/jeff-harty-5a9a1643

    Stephen Yang: Navigating China’s Patent Landscape

  5. 09.04.2025

    The Importance and Future of the USPTO with Drew Hirshfeld

    Today, Jeff Harty and Drew Hirshfeld talk about the potential impact of the DOGE advisory board on the U.S. Patent and Trademark Office. Their conversation covers how the office is funded and how the USPTO maintains productivity and handles the large backlog of patent applications. They also discuss the impact of the return-to-office executive order and the importance of hiring the best talent as patent examiners, wherever they’re based. In this episode, Jeff Harty and Drew Hirshfeld discuss:  The impact of the DOGE advisory board on the USPTO.Advantages of having a clear prosecution record in patent cases.How the hiring freeze and the  return-to-office executive order affect those at the USPTO.Extensive productivity reports for USPTO examiners.The crossroads facing the USPTO. Key Takeaways:  Those with senior roles at the USPTO often have two main goals: to improve the quality of work and to improve pendency—getting results of patent decisions to the applicants faster.If an examiner is clear as to why they are making decisions and an applicant can see what the examiner is doing, it is easier to understand what is happening. When it is not clear, the examiner and applicant can talk past each other, and that is where discrepancies will happen. Allowing for telework and work from home allows the USPTO to recruit top talent from around the country, not just in the immediate area of the office. The USPTO is unique in that it is entirely funded by user fees, not federal tax dollars. “I think that the USPTO’s best quality initiative is its telework program, its ability for people to work at home, because you’re able to choose people from a pool that’s across the country now, as opposed to just in the Alexandria, Virginia, area.” —Drew Hirshfeld About Drew Hirshfeld: Hirshfeld was a long-tenured employee of the U. S. Patent and Trademark Office (USPTO) and was named one of Managing IP’s Top 50 Most Influential People in IP in 2021 (Managing IP is part of the Euromoney Institutional Investor PLC group). Hirshfeld began his career at the USPTO as a patent examiner in 1994 and has held a variety of senior management positions. He was named Commissioner for Patents in 2015 and performed the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO from January 2021 to April 2022. Most recently,Hirshfeld served as Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director. Hirshfeld now brings his wealth of patent prosecution and litigation experience to Schwegman Lundberg & Woessner. His achievements included leading the USPTO’s response to the Supreme Court’s 2021 Arthrex decision by implementing a new process for director review of final written decisions from the USPTO’s Patent Trial and Appeal Board; serving on the USPTO’s Precedential Opinion Panel to decide issues of exceptional importance to the Patent Trial and Appeal Board; and overseeing extensive patent prosecution training for patent examiners and members of the public. While performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Hirshfeld was responsible for more than 13,000 employees and an annual budget of more than $4 billion. He was also responsible for all USPTO functions related to the examination and issuance of all patents. In addition, he championed the USPTO’s mentoring program. Outside of work, Hirshfeld and his wife have three daughters. He enjoys woodworking to make things for his family, including an acoustic guitar, kitchen cabinets, and furniture. Connect with Drew Hirshfeld:  Website: slwip.com  Email: ahirshfeld@slwip.com  LinkedIn: linkedin.com/in/drew-hirshfeld  Connect with Jeff Harty:  Website:  nyemaster.com/attorney-directory/jeffrey-d-harty Email:  jharty@nyemaster.com LinkedIn: linkedin.com/in/jeff-harty-5a9a1643

    The Importance and Future of the USPTO with Drew Hirshfeld

  6. 25.03.2025

    Stephen Kunin: Restoring Patent Rights: Innovation, Legislation, and the Future of IP Protection

    In this episode, Jeff Harty and Stephen Kunin discuss: The RESTORE Act and injunctive relief in patent cases Reforming patent subject matter eligibility through PERAThe current landscape of innovation protectionHow patent protection in the United States stacks up with other countries Key Takeaways:  The RESTORE Act aims to modify injunctive relief by creating a rebuttable presumption that shifts the burden of proof to accused infringers, potentially making it easier for patent owners to obtain injunctions after proving infringement.PERA (Patent Eligibility Restoration Act) seeks to provide greater clarity in patent subject matter eligibility by eliminating judge-made exclusions and specifically defining what cannot be patented.The current U.S. patent landscape is seen as less innovation friendly compared to other key countries, with the United States applying stricter standards for patent eligibility, especially in areas such as software, computer technologies, and life sciences.Both the RESTORE Act and PERA are attempts to address perceived weaknesses in the U.S. patent system, with the goal of making patent protection more predictable and supportive of innovation, particularly for non-practicing entities such as universities and independent inventors. “Post-eBay, essentially, there is no presumption [regarding] injunctive relief. In fact, you had to apply the four-factor test that’s applied for temporary restraining orders and preliminary injunctions to attain such relief.” —Stephen Kunin   Connect with Stephen Kunin: Website: https://maierandmaier.com/staff/stephen-kunin/  If you missed it, check out our first episode with Jay Kesan: The PTAB And The Impact Of Post-Issuance Invalidity Proceedings With Jay Kesan Connect with Jeff Harty:  Website: https://nyemaster.com/attorney-directory/jeffrey-d-harty/ Email: jharty@nyemaster.com LinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/

    Stephen Kunin: Restoring Patent Rights: Innovation, Legislation, and the Future of IP Protection

  7. 25.04.2024

    Classic Rewind: A Strategic and Collaborative Approach to Navigating IP Matters with Carlo Cotrone

    Our guests are so generous with their time. They allow us to have terrific conversations about this world of intellectual property, their roles, and strategies for effectively dealing with IP. That’s certainly the case with our featured guest today. Carlo Cotrone wears a lot of hats in the field of intellectual property. As chief IP counsel for Techtronic Industries, he manages innovation for the company’s well-known brands, such as Ryobi, Milwaukee, Hoover, Oreck, and Dirt Devil. In this episode, he shares his thoughts on the importance of strategy and collaboration as enterprises navigate the world of IP.  In this episode, Jeff Harty and Carlo Cotrone discuss:  What about IP inspires and drives Carlo in his life and career. The breadth of IP issues that Carlo deals with as in-house IP counsel. Why strategy and collaboration are essential in IP.The mindset of collaboration locally and globally. Counterfeiting in the world of e-commerce.  Key Takeaways:  Strategy is about outside-the-box thinking and moving beyond the tactical to find complementary ways that may not come to mind immediately without intentionally taking a different view.Knowing the client’s business and looking at IP from a business perspective is an excellent approach for both in-house and outside counsel. Collaboration comes down to human-to-human and human-to-group communication and relationships. It’s important to find partners with whom you can build relationships and who understand the risk profiles of the company.    “It’s really important to develop meaningful metrics internally, especially those that help hold the IP teams, and the company at large, to a rationality to the investments being made in IP and the result.” —Carlo Cotrone     About Carlo Cotrone:  Carlo Cotrone is chief IP counsel at Techtronic Industries North America (TTI), a world leader in cordless technology spanning power tools, outdoor power equipment, and floor care appliances. He also is adjunct professor of law at University of Houston Law Center. He is a frequent speaker and author on topics such as IP strategy and asset management, legal ethics, collaboration and innovation strategies for law firms and corporate legal departments, and professional development. Previously, Carlo served as senior IP counsel at General Electric and at energy technology company Baker Hughes. He practiced law at firms on the East Coast and in the Midwest, most recently as a partner. He holds two U.S. patents as the inventor of technology directed to digital sheet music. Connect with Carlo Cotrone:  Website: https://ipwatchdog.com/people/carlo-cotrone-2/  Twitter: https://twitter.com/cmcotrone  LinkedIn: https://www.linkedin.com/in/carlo-cotrone-8266752/  Connect with Jeff Harty:  Website:  https://nyemaster.com/attorney-directory/jeffrey-d-harty/ Email:  jharty@nyemaster.com LinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/

    Classic Rewind: A Strategic and Collaborative Approach to Navigating IP Matters with Carlo Cotrone

  8. 11.04.2024

    Classic Rewind: Driving Innovation and Maximizing Your Return on Investment in Intellectual Property with Kirk Goodwin

    In this conversation, Kirk Goodwin, head of global innovation IP at Whirlpool Corporation, shares his insights for ways to drive innovation and get the most out of your IP assets. For most companies, continuing to innovate isn’t just an option. It’s not enough to simply keep pace; you need to stay ahead of the game if you truly want to thrive and be relevant. That’s why driving innovation and maximizing the return on your investments in intellectual property are more important today than ever. In this episode, Jeff Harty and Kirk Goodwin discuss:  Driving innovation within an organization. Maximizing returns on investments in intellectual property. How to know where to innovate. Measuring your ROIP (Return on Intellectual Property)—beyond the number of submissions and number of patents.  Key Takeaways:  Your goal shouldn’t be to simply get patents. Your goal should be to get innovation that you can protect—your intellectual property.You grow innovation by protecting intellectual property and then creating additional intellectual property and innovation around the assets you already have. We don’t need to incentivize people to innovate, but we do need to communicate where the value can be brought. Innovators want to innovate. Your job is to facilitate that. Teach your employees where to be innovative and how to share that innovation.  “IP is not the last step. It is the first step and the second step and the third step and so on. That’s how you continue to grow innovation, by creating those foundations that you protect with intellectual property.” —  Kirk Goodwin   About Kirk Goodwin:  Kirk Goodwin is assistant general counsel, Global Innovation IP and Cybersecurity,  for Whirlpool Corporation. Previously, Mr. Goodwin served as chief patent counsel, North America, and chief counsel for Global Information Systems for Whirlpool. Mr. Goodwin leads Whirlpool’s team of patent attorneys, agents, and paralegals in various patent functions, including IP clearance, acquisition, technology transactions, and litigation. Prior to joining Whirlpool, Mr. Goodwin was a senior patent attorney for Maytag Corporation, where he led offensive and defensive patent and trade secret litigation. Connect with Kirk Goodwin:  LinkedIn: https://www.linkedin.com/in/kwgoodwin/  Twitter: @kirk_goodwin https://twitter.com/kirk_goodwin  Connect with Jeff Harty:  Website:  https://nyemaster.com/attorney-directory/jeffrey-d-harty/ Email:  jharty@nyemaster.com LinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/

    Classic Rewind: Driving Innovation and Maximizing Your Return on Investment in Intellectual Property with Kirk Goodwin
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We live in very innovative times where intellectual property rights - patents, trademarks, copyrights, and trade secrets - are a key component to the future success of almost any career or business.  Join Jeff Harty biweekly as he interviews patent and trademark professors, in house IP counsel, business leaders, IP trial attorneys and even members of the judiciary who will provide unique perspectives on what it takes to develop a successful strategy in dealing with intellectual property. Whether you are interested in intellectual property protection, enforcing IP rights or defending IP disputes, this is the podcast for you.

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