On Intellectual Property

On Intellectual Property

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.

Insights on IP Cases with U.S. District Court Judge John Jarvey
calendar_today September 20, 2022 timer 0:31:07
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 how clients and their counsel can make the most of that process.

 

In this episode, Jeff Harty and Judge John Jarvey discuss: 

  • Judging, mediating, and evaluating cases. 
  • The importance of subject-matter expertise in evaluating IP cases. 
  • The important things to remember when presenting an IP case to a jury. 

 

Key Takeaways: 

  • When people craft a solution to their own problems, they are happiest, most satisfied, and get the most satisfaction out of the process. 
  • There is value in having subject-matter expertise when it comes to assertions in the law, as most federal district court judges do not routinely handle IP disputes.
  • Regardless of the technology in an IP case, presenting a story to the jury that resonates and plays on certain emotions is key.
  • Patent trials can be structured in various ways to help jurors better understand the dispute and the issues they are asked to decide. 

 

 

"What's really important to remember is that there are certain emotions that always play well with jurors, and an emotional issue, such as theft of any property, is the same thing to jurors as the theft of an idea. Focusing always on the big picture of what the ultimate wrong was, is very helpful for jurors in these cases." —  Judge John Jarvey

 

 

About Judge John Jarvey: 

Judge Jarvey was a trial attorney for the Criminal Division of the U.S. Department of Justice from 1983 to 1987. As a prosecutor, he specialized in fraud in the pharmaceutical industry. He taught trial advocacy at the University of Iowa College of Law and mock trial at Cedar Rapids Washington High School.

 

Judge Jarvey was a U.S. magistrate judge of the U.S. District Court for the Northern District of Iowa from 1987 to 2007. As a magistrate judge, he presided over more than 300 civil jury and nonjury trials. He was primarily responsible for civil and criminal case management and conducted more than 400 mediations. His civil jury experience includes patents, copyrights, and other complex commercial disputes. It also includes many civil rights trials alleging police excessive force, prisoner rights, and other claims against public officials.

 

As a U.S. district judge, Judge Jarvey presided over more than 100 civil and criminal jury and nonjury trials. His civil jury trial experience includes a wide range of complex cases. 

 

 

Connect with Judge John Jarvey: 

Email: john@golawpc.com 

Phone: 319-360-1122

 

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/


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The PTAB and the Impact of Post-Issuance Invalidity Proceedings with Jay Kesan
calendar_today September 6, 2022 timer 0:33:15
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/


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Welcome to On Intellectual Property
calendar_today August 2, 2022 timer 0:05:21
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 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.

 

 

"Clients, more than ever, are sophisticated users of the IP system, and there's simply no substitute for understanding the client's business, the legal issues of play, and then devising a sound strategy." —  Jeff Harty

 

 

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/

 

 


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