Clause 8

USPTO's (United States Patent and Trademark Office) Director of Technology Center 3600 Business Methods discusses his career, role at the USPTO, how policy is formulated and implemented at the USPTO, taking over and turning around the TC after the Alice Supreme Court decision, and section 101 rejections. He also provides priceless advice to patent practitioners about how to successfully work with patent examiners and obtain patents.

Former Congressman Waxman discusses the passage of the seminal Hatch-Waxman Act, recent proposals to improve the balance between rights of brand name pharmaceutical and generic companies, and his 40-year career in Congress.

IP Columnist for Above the Law and Founding Partner at Kroub, Silbersher & Kolmykov PLLC & Markman Advisors LLC. Kroub, Silbersher & Kolmykov PLLC is an IP litigation boutique & Markman Advisors LLC is a leading consultancy on patent issues for the investment community.

In this episode of the Clause 8 podcast, host Eli Mazour sits down with David Kappos. Mr. Kappos is the former head of intellectual property (IP) at IBM, former Director of the United States Patent and Trademark Office (USPTO), and now serves as a partner at Cravath. Eli and Mr. Kappos discuss Mr. Kappos’s career at IBM, his time as the director of the USPTO, and his advice for the current administration with regards to IP.

As the conversation unfolds, Mr. Kappos shares his own story beginning in law school. He shares about how his dream for a career in patent writing and prosecution surprisingly morphed into executive opportunities at IBM. Then, Mr. Kappos provides some excellent advice on team development and leadership, specifically how to use delegation to improve yourself and your entire team. He also provides specific advice for a variety of IP counsel.

Next, Mr. Kappos talks about how he ended up with his position at the USPTO and the changes he implemented to greatly improve the USPTO.

Finally, as the conversation closes, Mr. Kappos comments on how the current administration is handling IP issues. He expresses gratitude for the current USPTO leadership from Director Iancu. However, he ends the conversation by calling for the White House to release a formal paper in support of policies that will help the rise of 5G technologies. All in all, Eli and Mr. Kappos’s dialogue covers a plethora of topics and is saturated with wisdom for professionals of all calibers to hear.

Learn more about Clause 8: https://www.clause8.tv/

Book “Tailspin” Mentioned in Podcast: https://amzn.to/2NrQVl0

Sampling of stories and topics discussed during the interview:

• Starting and growing America's largest Intellectual Property (IP) boutique law firm
• Personal story of going from growing up in Pennsylvania and selling furniture to starting a law firm in downtown DC
• How having successful fathers influenced Doug Henderson and his co-founder Marcus Finnegan
• Vision and innovations that contributed to Finnegan Henderson's success
• Shaping firm culture in a way that allowed next generation of partners to successfully take over the management of the firm
• Attracting and keeping great clients
• Keys to retaining talent at a law firm
• State of the IP legal industry, including failure of other IP boutiques
• Surprising advise to potential client about choosing an IP boutique v. a general practice firm
• How fear of losing their Blackberry smart phones caused DC policy makers (including Supreme Court Justices) to turn against strong patent rights
• Having Supreme Court Justice Antonin Scalia as a neighbor and watching him fearlessly perform CPR
• Advice for other firms, lawyers, and law students
• And, much more!

Sampling of stories and topics discussed during the interview:

• Mistakenly ending up in Soviet Union during the Cold War
• Working with John Podesta (chairman of Hillary Clinton’s campaign) on Capitol Hill
• Advising Judge Bork before his Supreme Court confirmation hearings
• Being nominated and serving on the Federal Claims Court and the Federal Circuit
• Bilski decision, its aftermath, and the state of subject matter eligibility in America
• Views about the Supreme Court’s patent law jurisprudence
• The American Invents Act (AIA) and the creation of the Patent Trial and Appeal Board (PTAB) “death squad”
• Importance of software patents specifically
• Importance of a strong patent system for economic development and America’s global competiveness
• Ideas for improving America’s patent system
• China’s commitment to improving its own patent system
• Advice to law students and lawyers
• And, much more!

Topics discussed during the interview include:

• Can Patents “Make America Great Again”?

• Why fixing America’s patent system is crucial for job growth

• Congressional action needed to fix patent eligibility law

• Immediate changes that could be made by the Trump administration to improve Patent Trial and Appeal Board (PTAB) proceedings

• State of United States Patent and Trademark Office (USPTO)

• Current USPTO Director Michele Lee & Former USPTO Director David Kappos

• Judge Michel’s career fighting public corruption in Philadelphia and Washington, DC

• How Judge Michel almost wasn’t nominated because of the failed confirmation of Judge Bork

• Federal Circuit Evolution: evolution of the Federal Circuit from first Chief Judge & former Air Force General Howard Markey to the “Golden Age of the Court” under Judge Michel

• And, much more!