On Intellectual Property
On Intellectual Property is a podcast hosted by Jeff Harty, focusing on the importance of intellectual property rights—patents, trademarks, copyrights, and trade secrets—in today's innovative world. Every two weeks, Harty interviews professors, in-house IP counsel, business leaders, trial attorneys, and judges to share insights on creating successful IP strategies. Whether you're looking to protect, enforce, or defend intellectual property, the podcast offers valuable perspectives for professionals and businesses. It's a resource for anyone navigating the complex landscape of intellectual property in their career or company.
Episodes
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’
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 enfor
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 agreem
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 enfor
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
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 countriesKey Takeaways: The RESTORE Act aims to modify injunctive relief by creating a rebuttable presumption that s
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
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 maxi
The State of the Patent Ecosystem: Live at IIPLA with Judge Randall Rader and Jay Kesan
Welcome to Season 2 of the On Intellectual Property Podcast! We welcome Judge Randall Rader and welcome back Jay Kesan for a conversation on all things patent. In this episode, Jeff Harty, Judge Randall Rader, and IP attorney and law professor Jay Kesan discuss: AIA, the PTAB, and PTAB Reform (the Prevail Act)Global patent trends and what it means for the U.S. innovation economyApportion
Trademark Surveys: Why, When, and How to Use Them with Mike Keyes
In our innovation economy, trademarks and trademark protection are likely to play a significant role in an intellectual property strategy. We know companies spend lots of time and money investing in brands as they compete for consumer attention and recognition. We also know that surveys play an important role in trademark and unfair competition cases. In particular, that’s because so many inquirie
A Strategic Approach to Patent Prosecution with Todd Van Thomme
This is a particularly special episode for me because I’m joined by friend and colleague Todd Van Thomme. When you feel stuck in your work, you need a fresh idea or a new way to think about an issue. A colleague you can turn to for help, guidance, or a new way to frame the issue can lead you toward solving your problem. When it comes to protecting inventions, patent prosecution, and building stron
Effective Advocacy in Markman Claim Construction Proceedings with Michael Friedland
We’re taking a critical look at one of the most important parts of a patent case: claim construction. Michael Friedland, co-chair of Knobbe Martens’ litigation practice group, is uniquely qualified to help us unpack claim construction, advocacy, and the importance of natural language—utilizing plain and ordinary meanings when urging proposed constructions of disputed claim language. In this e
The Power of Brands and Balancing the Rights of Trademark Owners with Society’s Interest in Free Expression with Janet Marvel
For trademark owners, increasing brand recognition can sometimes be a mixed blessing. Well-known marks can start to be more than just strong source identifiers. They can be the targets of parody, criticism, social commentary, and other uses that go beyond the consumer goodwill attached to a mark. Concerns about free expression and free speech start to enter the equation. Featured guest Janet Marve
A Diverse Trailblazer’s Patent Strategies for Canada with Selena Kim
North America as a whole is a leader in the innovation system. In large part, that’s due to the relationship between the United States and Canada. That raises these questions: How do we go about protecting intellectual property rights in Canada? What are effective strategies? We answer these questions and talk in-depth about diversity in the legal industry with today’s guest Selena Kim. In th
Unlocking the Potential for All Americans to Participate in the Innovation Ecosystem with Valencia Martin Wallace
In this episode, Valencia Martin Wallace and I do a critical examination of our innovation ecosystem and how we can make it more diverse and inclusive. Valencia is the Deputy Commissioner for Patents for the U.S. Patent and Trademark Office (USPTO) and is the executive lead for the USPTO’s Council for Inclusive Innovation (CI2). Valencia shares data regarding how women and minorities are underrepr
Protecting IP in the Workplace with Frank Harty
The intersection between intellectual property and employment law comes up very frequently. No doubt there are challenges in protecting a company’s IP in the workplace environment. A company may find itself in situations that vary from case to case. In this episode, we explore key concepts that can help businesses, both large and small, put themselves in better positions to protect their IP.
IP Strategies to Protect Your Organization’s Brands and Innovations with Leo White
When we talk about intellectual property, rarely is it a one-size-fits-all approach. Often, overlapping forms of intellectual property protect particular innovations, new products, etc. There is no substitute for being careful and deliberate. It requires thinking through a strategy that keeps your eyes on the prize in terms of how a particular form of IP or strategy might benefit the business. Tha
Resources Provided by Your Regional USPTO with Damian Porcari
In this conversation, Jeff Harty speaks with Damian Porcari, regional director of the Elijah J. McCoy Midwest Regional United States Patent and Trademark Office. Damian explains how the regional offices work and tells us about the many resources available to aspiring inventors and business owners. In this episode, Jeff Harty and Damian Porcari discuss: Damian’s background in chemis
The Role of IP Systems in Maintaining a Strong Innovation Economy with David Kappos
Our featured guest is one of the most respected and influential voices in intellectual property, particularly as it relates to innovation and patent policy. David Kappos has had a distinguished career steeped in leadership roles and IP. In this episode, he talks about how IP inspires him, the intersection of IP and government, the importance of maintaining strong IP systems in the United States, a
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
Litigation Financing and IP Enforcement with Robin Davis & Bob Koneck
Litigation is not cost-free, particularly when we talk about intellectual property cases that can be driven by myriad factual inquiries. Those inquiries can result in significant discovery. Multiple expert witnesses may need to be retained. E-discovery costs are not insignificant. And the list goes on. Not everyone can afford the costs that must be incurred to see their rights protected. Not every
Insights on Design Patents and Issues for Modern-Day Designs as “Articles of Manufacture” with Mark Janis
In this episode, Jeff Harty and Professor Mark Janis delve into the world of design patents, discussing how they became part of the patent regime, challenges facing the protection of modern-day ornamental designs, and possible upcoming changes in design patent law in view of the “article of manufacture” requirement. They also look at specific cases and strategies for claiming and prosecuting
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 maxi
Insights on IP Cases with U.S. District Court Judge John Jarvey
In today’s episode, retired U.S. District Court Judge John Jarvey talks about his time on the bench dealing with intellectual property cases, his background, and his work now helping parties resolve disputes through mediation. He has insights on what works in the courtroom and motion practice in IP disputes. He also has experience resolving disputes through mediation and is in a position to share
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:&nbs
Welcome to On Intellectual Property
Welcome to the On Intellectual Property Podcast! 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
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