IPWatchdog Unleashed

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This week on IPWatchdog Unleashed we will talk about trade disputes, regulatory overhauls, and sudden shifts in geopolitics and what all of that means for the business landscape and patent strategy.  

The changing business climate is requiring companies of all sizes to reevaluate strategy, and those that best navigate the transition will future-proof their companies and innovation pipelines, wind up stronger in the long run, and have a more diversified and stable trajectory. 

We will discuss building an IP strategy during turbulent times. To accomplish this we discuss tariffs and how many businesses are responding to tariffs, including efforts to move manufacturing to lower tariff countries, and what IP professionals need to have in mind as they find themselves with patent portfolios built for the business landscape and geography of the past, and with a strategy and portfolio that might not be optimal—or worse a strategy and portfolio that could be all wrong given how manufacturing centers, supply chains and global business realities are rapidly evolving.

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In this episode of IPWatchdog Unleashed, host Gene Quinn sits down with Gina Johnson, the Chief Legal Officer of Ridge Wallet, LLC. They dive into Ridge Wallet's approach to intellectual property, and how the company relies on design patents, utility patents, and trademarks to fully protect their products against fakes, dupes, counterfeits and knockoffs. Gina shares her transition from outside counsel to an in-house role, the strategic importance of IP in combating market confusion, and the challenges of dealing with knockoffs and counterfeits on platforms like Amazon and Alibaba. Key topics include the significance of foundational patents, design patents covering product silhouettes, the process of using so-called Schedule A cases for IP enforcement against copycat companies without any (or many) assets reachable in the United States, and the nuances of working within the “Amazon court” to police IP disputes outside of the federal court system. Gina also offers practical advice for startups on the value of early IP protection, and why robust IP protection should be a priority for startups and entrepreneurs.

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In this special edition of the IPWatchdog Unleashed, Gene Quinn and his German counterparts discuss a recent major development at the Unified Patent Court (UPC) relating to Standard Essential Patents (SEPs) and injunctions. Featuring industry experts Dr. Tobias Wuttke, Arie Tol, and Dr. Tilman Müller, the conversation dives into the background of the case that lead to the first, final, permanent injunction being awarded in a standard essential patent (SEP) case at the UPC. We discuss the landmark ruling in Philips v. Belkin, which solidified the UPC's stance on providing permanent injunctions to victorious patent owners. The panel explores potential implications for patent owners, how the FRAND negotiation process is and was handled, geographical jurisdiction issues, and the benefits and risks associated with litigating in the UPC. 

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In this episode of IPWatchdog Unleashed, Gene Quinn and Dana Colarulli delve into the intricate world of patent policy and politics, discussing laws, the dynamic environment at the U.S. Patent and Trademark Office (USPTO). Dana, a partner at ACG Advocacy and the Executive Director of LES International (LESI), shares his extensive experience, from his time at the USPTO to his insights on high-growth technology businesses. They address critical topics such as the recent shake-ups at the USPTO, the controversial 'patent tax' proposal, the role of government in fostering innovation, how despite the fact that the USPTO is user-fee funded it is being swept up in broader Trump Administration efforts to downsize the federal government, what the word "innovation" really means, how businesses use intellectual property assets, the importance of predictable IP assets, the challenges of effective patent valuation, international collaboration and education to support small and medium size enterprises (SMEs), and much more. Join Gene and Dana for an in-depth look at the current state and future of patents, innovation, and what is happening inside the beltway. 

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In this episode of IPWatchdog Unleashed, join Gene Quinn (IPWatchdog) and Marlene Valderrama (Senior IP Asset Manager for Halliburton) as they discuss the evolving landscape of artificial intelligence (AI) and its impact on innovation and intellectual property (IP) at Halliburton. Marlene shares insights from her role as an innovation scout, the challenges of encouraging digital teams to recognize their novel contributions, and the exciting advancements in drilling technology facilitated by AI. The conversation delves into best practices for AI implementation and the importance of continuous training for IP and innovation management. Additionally, Marlene opens up about her personal journey, her unexpected career path from drilling engineer to IP advocate, her passion for giving back through long-distance biking for multiple sclerosis research, and much more.

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In a spirited discussion at our annual Women’s IP Forum, attendees were treated to an insightful fireside-style chat conversation with the Honorable Judge Pauline Newman, a trailblazer for women in law and a luminary in the field of intellectual property. Judge Newman spoke with Renee C. Quinn, Chief Operating Officer of IPWatchdog, Inc., about her extraordinary career and her life journey. Judge Newman has served with distinction on the U.S. Court of Appeals for the Federal Circuit since her appointment by President Ronald Reagan in 1984. Her career has been marked by a commitment to innovation and the advancement of strong intellectual property rights, shaping the very foundation of modern patent law.

But did you know that Judge Newman was until a few years ago an active and licensed pilot? Did you know that she tutored singer and songwriting legend Joan Baez in chemistry when Baez was in high school? While so much of Judge Newman’s life has been well documented, there are so many layers to the extraordinary life of Judge Pauline Newman. 

Join us this week for her thoughts on life, patriotism, the law, and whether she ever experienced imposter syndrome as she climbed to the highest echelon of the male dominated worlds of innovation and intellectual property. 

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This week on IPWatchdog Unleashed, I had the pleasure of speaking with Daren Tang, Director General of the World Intellectual Property Organization (WIPO). Our conversation spanned a range of topics, from the future of intellectual property (IP), to how intellectual property has been a force for helping humanity, to WIPO's strategic initiatives and the burgeoning impact of artificial intelligence (AI).

A central theme of our conversation was Tang’s fervent advocacy for intellectual property as a catalyst for global innovation and betterment of the human condition. 

 ”IP is about one of the most fundamental things about what it means to be human being,” Tang explained. “Which is to look at the world, imagine how it could be different and apply all tools and knowledge and energies to making that a reality. And IP is part of making, facilitating and enabling that. So, if we look at IP at the highest possible form in its highest broadest way, that's what it really is about. I mean, the laws and regulations and all that is important. Building up IP ecosystems is at its best about helping us as humanity. To shape the world and make it a better place. That's, that's why this mission is for me is, not to be cliched, but it's almost sacred in a way."

With enthusiasm, he recounted how WIPO has embraced its role as a facilitator of IP knowledge, and actively helping nations understand and leverage IP as a tool for economic growth. We also discuss next-gen technologies, particularly artificial intelligence (AI), and discuss why he is seeking a second term as WIPO Director General. 

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In this week’s IPWatchdog Unleashed podcast, we dive into the intricacies of patent enforcement with Scott McKeown, a partner with Wolf Greenfield and author of PatentsPostGrant.com. McKeown, who has a reputation as one of America’s top practitioners at the Patent Trial and Appeal Board (PTAB), shares insights into the continually evolving landscape of patents, patent litigation, PTAB challenges and regulatory and administrative upheaval at the United States Patent and Trademark Office (USPTO). We discuss the increase in discretionary denials under the Trump Administration, the fact that across all aspects of government it seems we are governing by memorandum, how what we are seeing at the USPTO now is a snap back from the past several years but won't last forever, the demise of the patent examiners union, and more.

At the end McKeown tells us " if you're asserting patents, it's a great time" because "the PTAB has been, been beaten down." He also wryly concludes that alleged infringers should probably " invest in some hotels in Texas and because it's going to be the Wild West down there for a couple years."

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In this week’s edition of IPWatchdog Unleashed, my conversation is with Clint Mehall, a partner with Davidson Kappel, LLC, and John Rogitz, who is managing attorney for Rogitz & Associates. Both are prominent voices in the patent world, and they also serve on our ad hoc IPWatchdog Advisory Committee. 

The purpose of our conversation was to explore the patent eligibility landscape, and particularly the August 4 memo on patent eligibility from Deputy Commissioner of Patents Charles Kim, which was sent to Technology Centers 2100, 2600 and 3600.  

The memo was labeled as a reminder on the proper evaluation of subject matter eligibility of claims under 35 U.S.C. 101. And it was also specifically stated that the “memorandum is not intended to announce any new USPTO practice or procedure and is meant to be consistent with existing USPTO guidance.” Notwithstanding, there does seem to be important new emphasis on the patent eligibility inquiry, and particularly on when rejections are appropriate. 

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In our latest edition of IPWatchdog Unleashed, host Gene Quinn welcomes back Patrick Kilbride, known to many throughout the industry for serving as the Senior Executive Vice President at the United States Chamber of Commerce's Global Innovation Policy Center for 15 years. Drawing from his extensive experience across corporate, university, and industry association sectors, Kilbride discusses the critical components required for a thriving innovation ecosystem and discusses the intricate balance needed between production capabilities and policy frameworks.

About a year ago Kilbride, a veteran in the trade and intellectual property policy communities, founded Kilbride Public Affairs, where he provides public policy advise, advocacy and education, with a focus on helping clients within the innovation ecosystem as they work to navigate the economics of innovation and intellectual property.

Kilbride recounted his transformative journey from skepticism about intellectual property—often regarded as a hindrance in trade agreements during his time as a U.S. Trade Representative during the George W. Bush administration—to becoming a staunch advocate for IP.  He argues for a system where novel work is protected by law, honoring the American founders' vision that property rights should be tied to labor.

Kilbride’s vision is clear: fostering an environment where innovation thrives and where the United States can lead to the leveraging intangible assets, including those assets that general accounting principles refuse to recognize. 

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