The Clause 8 Podcast is now part of IPWatchdog.com.
Eli Mazour started Clause 8 because he loves talking about intellectual property issues, finding out people's stories, and asking questions. Eli hopes to share his conversations with the most interesting people in the intellectual property and patent community through Clause 8.
23. Joseph Lentivech - Ex-PTAB Judge on Ex-Parte Appeals
Judge Joe Lentivech is a former Administrative Patent Judge. On this episode, he talks about how he became an Administrative Patent Judge, how the Patent Trial and Appeal Board (PTAB) operates, how to win ex parte appeals, overcoming Section 101 rejections, oral hearings at the PTAB, and much more!
22. Brad Watts - Section 101 Reform Efforts in the 116th Congress
Brad Watts is the Majority Chief Counsel and Staff Director for the Senate Subcommittee on Intellectual Property. Under the leadership of Sen. Thom Tillis, Brad led the herculean effort to fix the Section 101, patent eligibility mess.
In this episode, Eli and Brad talk what really happened during this last attempt at reform, why it wasn’t successful, where to go from here, and much more.
21. Professor Adam Mossoff
Welcome to Clause 8 – the Voice of IP. Clause 8 is part of IPWatchdog and hosted by Eli Mazour. If you enjoy listening, please subscribe on your favorite podcasting app, share it with others, and leave a five-star rating.
This episode features an interview with Professor Adam Mossoff from George Mason University’s Scalia Law School. He is the leading academic expert when it comes to intellectual property policy issues. Most significantly, he is largely responsible for providing the intellectual foundation that has helped shift the anti-patent narrative in Washington, DC. There’s a good chance that you’ve come across his many op-eds on IP issues in publications such as the Wall Street Journal or have seen his engaging testimony at Congressional Hearings.
On this episode, Eli and Professor Mossoff discuss many subjects, including:
• how Richard Epstein influenced Professor Mossoff’s scholarship,
• how the ideals of classical liberalism relate to intellectual property rights,
• the debate among conservatives and libertarians regarding IP issues
• what’s wrong about framing IP rights as being all about providing incentives,
• the Supreme Court’s approach to patent cases,
• why Congress and the executive branch – not the Supreme Court - are the better path for improving America’s patent system
• “Why Do Law Professors Do What They Do?”
• how law school professors influence the patent policy debate,
• how trade organizations try to shape the patent policy debate by using law professors and other prominent attorneys,
• importance of law school professors making it clear when they’re acting as advocates v. as academics,
• navigating junk science studies/statistical claims about the patent system,
• importance of engaging in a positive research agenda about the patent system instead of just reacting to bad scholarship,
• empirical research overwhelmingly contradicting the patent holdup theory over the last 10 years,
• educating Congressman Darrell Issa and the importance of having evidence and data on your side,
• contradiction of China strengthening its own patent system while continuing to steal IP from other countries and having no rule of law otherwise,
• the unprecedented response by the pharmaceutical industry to the COVID‑19 pandemic thanks to the foundation previously created by America’s patent system, and
• how current changes to the patent system can undermine a similar response to the future.
20. Bruce MacEwen - Adam Smith, Esq.
This episode features an interview with Bruce MacEwen. He is the founder and president of Adam Smith, Esq. and has written thousands of articles on the economics of law firms. He is recognized as the world’s leading expert in this subject and provides advice to a select number of law firms about how to succeed in the changing legal landscape.
During this episode, Bruce and Eli discuss:
• Why Bruce thought there was something off about law firms by Thanksgiving of his first year as an associate
• How companies select & manage outside counsel
• Tension of building in-house law departments v. relying on outside counsel
• Why law firms refuse to do recession scenario planning
• Surprising nimbleness of law firms
• Law firms being much more thoughtful and humane in dealing with the Covid-19 pandemic than they were during the “Great Financial Reset of 2008”
• Why successful law firm partners can be dynamite for law firms
• Rethinking real estate needs of law firms
• “Best-in-breed” law firms v. full-service law firms
• Boutiques and benefits of a lawyer’s practice being at the core of what a firm does
• Using Net Promoter Score (NPS) to evaluate law firms
• Law firms deciding whether to invest in a practice area
• Vision and hunger being the key to starting a successful boutique law
• Difference between lawyers who succeed v. fail
19. Sarah Tsou - Patent Litigation Funding
This episode features an interview with Sarah Tsou, who is an investment manager for patent litigation at the world’s leading litigation funder, Bentham IMF (now part of Omni Bridgeway Limited).
The playbook is simple for deep-pocketed defendants facing lawsuits from patent owners with limited resources. Even if a patent owner has a very strong case, the defendant can just drag the case out long enough until the patent owner and his lawyers run out of resources to continue. At best, the patent owners are forced to settle lawsuits for a fraction of what they think they are owed.
Patent litigation funders have changed this calculus by providing patent owners with enough resources. However, as you will hear in this episode, only 1% of cases have the rare mix of merits and economics to receive funding from top litigation funders.
This episode is especially relevant because of the pressure many in-house patent litigation attorneys are facing to settle or give up because of shrinking budgets due to the Covid-19 pandemic. Eli and Sarah discuss how patent litigation funding can serve as an attractive alternative for companies that are in this position.
Brian Pomper - The Innovation Alliance
During this episode, Brian discusses: • the #1 way to improve the patent system; • what unites the Innovation Alliance; • how the Innovation Alliance tried to improve the AIA; • the Obama administration’s continued efforts to restrict patent rights; • how DC became more patent friendly; • the Senate IP subcommittee and why there’s still hope for legislative action to fix patent eligibility; and • the impact that the Covid-19 pandemic is having on the patent policy debate and the Ope
Well done podcast
Very interesting patent law podcast. Would recommend to anyone in the field.
Intellectual Property is a facet of society that has an impact on all of us.
Started listening to this podcast to try and gain insight into IP, and what is going on currently to help me- as a consumer.
After googling Eli Mazour, I was able to see he had dedicated his life to this cause.
Most impressive is the caliber of guests he is able to interview. Truly, movers and shakers within the field.
Always an interesting listen!
UPDATE: Eli Mazour always managing to get top notch guests on the show.
It cannot get any more current than having the attorney for one of the protagonists on the wildly popular Netflix series “Tiger King” come on the podcast.
Though, I wish he had asked the question that is on many people’s minds- That being said a great interview that shows how prevalent IP issues are in every facet of society!
Clause 8 gives us Expert Incite in the Patent Field
I am privileged to have Eli as a colleague at H&H. Not only are his guests experts, but Eli is an expert himself as a goto resource for any and all patent eligibility issues/questions. It is great to hear him getting the word out on the world of patents and IP!