The LOOK.Legal Pods

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

You’ve filed your patent application—but it hasn’t been granted yet. A company wants to license your invention now. Can you do it?

Yes—and in this episode, Adam Diament walks you through how. Learn the real value of a pre-patent license, what a company is actually paying for, and how to protect yourself with smart contract terms.

🧠 What you’ll learn:

• Why companies license inventions before a patent is granted
• What inventors are really offering in early-stage deals
• How to prevent being ripped off while patent-pending
• Sample clauses to include in your license agreement
• Key risks and protections to consider in pre-patent deals

💡 Whether you’re a first-time inventor or a startup negotiating a license, this episode will help you turn a pending patent into real opportunity—without giving away the farm.

Need expert help crafting a licensing strategy or reviewing your IP contract? Call Adam at 424-281-0162 or visit nolanheimann.com/podcast

🔐 Knowledge is leverage—use it wisely.

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

Sharing a patent may sound like a good idea—until your co-owner licenses it to your competitor and leaves you powerless.

In this episode, Adam Diament breaks down the risks of joint patent ownership and why it often ends in regret. From real-world case law to investor red flags, you’ll learn how this common IP mistake can sabotage your rights—and how to avoid it.

🧠 What you’ll learn:

• What joint ownership of a patent legally means
• Why your co-owner can license or sell without you
• A cautionary tale: Schering v. Roussel
• What happens when your co-owner sells to someone you don’t know
• How to fix or avoid the mess: assignment tips, joint ownership agreements, and neutral entities

📌 Bottom line: joint ownership without a written agreement is not a team sport—it’s a liability.

Need help structuring your patent rights to avoid legal pitfalls? Call Adam at 424-281-0162 or visit nolanheimann.com/podcast

💡 Keep inventing—and keep control.

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

Think only celebrities need to worry about their face being used without permission? Think again.

In this episode, Adam Diament explores the legal doctrine of Name, Image, and Likeness (NIL)—also known as the right of publicity—and how it’s becoming essential in the age of influencers, AI voice cloning, and deepfakes.

🔍 Topics covered:

• What NIL rights are and why they matter
• Key differences between name, image, and likeness
• Real-world cases: Michael Jordan, Bette Midler, Vanna White, Tom Waits
• How social media and AI have changed the landscape
• How NCAA athletes are now cashing in on their NIL
• Practical tips to protect your identity and avoid misusing someone else’s

👀 BONUS: This entire episode was narrated by a cloned AI version of Adam’s voice. Hear what it sounds like—and learn why doing that without consent could land you in legal hot water.

Need help with NIL rights, trademarks, or digital identity issues? Call Adam at 424-281-0162 or visit nolanheimann.com/podcast

🎤 Until next time, keep on inventing—just make sure your likeness is protected.

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

Can you patent a bong? What about trademark a cannabis candy? 🤔

In this episode, Adam Diament tackles a frequently misunderstood area of IP law: whether you can obtain intellectual property rights for products that are illegal under U.S. law. The answers may surprise you.

🔍 You’ll learn:

• ✅ Why patents can be granted for illegal inventions
• ❌ Why trademarks must be tied to legal goods or services
• 💥 What happens with cannabis patents vs cannabis trademarks
• ⚖️ The logic behind the Lanham Act’s lawful use requirement
• 🎯 How gray-area businesses can still protect their IP (think clothing lines, CBD, and state registrations)
• 👀 Real-world examples, including the Juicy Whip deception case

Whether you’re in cannabis, crypto, adult content, or another edgy industry—this episode offers practical tips to build a smart, legal IP strategy.

Need help navigating the boundaries of patent or trademark protection? Call Adam at 424-281-0162 or visit nolanheimann.com/podcast

Until next time, keep on inventing (but maybe not selling those psilocybin bars just yet).

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

AI can code, compose, and even create new inventions—but can it be named as an inventor on a patent?

In this episode, Adam Diament breaks down the USPTO’s 2024 guidance on AI-assisted invention, explaining:

• ⚖️ Why only natural persons can be inventors under U.S. patent law
• 🧠 What counts as a “significant contribution” to an invention
• 🔍 How to evaluate whether a human or AI truly “conceived” the idea
• 🤖 Where AI fits in the innovation process—and where it doesn’t
• 📋 What risks inventors face when AI contributions are overstated or not properly disclosed

Whether you're a researcher using AI for discovery or a founder building AI-powered products, this episode explains the legal lines you need to stay inside when filing patents.

🛠 Need help with patent applications or AI-related IP strategy? Call Adam at 424-281-0162
📡 Explore more at nolanheimann.com/podcast

Until next time—keep on inventing (but make sure a human gets the credit).

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

Think celebrities only make headlines for red carpets and recording studios? Think again.

In this episode, Adam Diament dives into the world of celebrity inventors—yes, real U.S. patent holders. From Michael Jackson’s anti-gravity shoes to Hedy Lamarr’s game-changing frequency-hopping tech, these stars went beyond entertainment and into innovation.

Featured in this episode:

• 👞 Michael Jackson – Anti-gravity shoes
• 🧷 Jamie Lee Curtis – Diaper with wipe pocket
• 🎸 Eddie Van Halen – Guitar support device
• 🎹 Prince – Keytar design
• 📡 Hedy Lamarr – Frequency-hopping technology
• 💄 Charlie Sheen – ChapStick dispenser
• 🩰 Bill Nye – Ballet pointe shoe
• 🥁 Marlon Brando – Drumhead tensioning system
• 🧦 Julie Newmar – Pantyhose for cheeky derriere shaping
• 🎼 Harry Connick Jr. – Digital sheet music sync system

Plus, a bonus list of even more celebrity inventors (hello, Abraham Lincoln!).

If you’ve ever wondered what IP and pop culture have in common—this is the episode for you.

📱 Need help filing your own patent? Call Adam at 424-281-0162
💼 Visit nolanheimann.com/podcast

Until next time: Keep on inventing.

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

A telescoping metal leg walks into the USPTO and says, “Trademark me!” The Trademark Trial and Appeal Board says... no.

In this episode, Adam breaks down the real-life case of In re Kason, where a company tried to register a restaurant leg design as a trademark. Kason had a design patent and utility patent, but ran into trouble when trying to get trademark protection for the same product shape.

🦵 Why? Because trademark law has a different (and stricter) definition of functionality than design patent law.
💡 Even pretty or well-known designs can get rejected if they offer functional benefits or lack acquired distinctiveness.

📌 In this episode:
– The difference between design patents and trade dress
– The functionality tests in trademark law
– Why Kason’s own patent hurt its trademark claim
– What counts as proof that consumers associate a shape with your brand
– The importance of secondary meaning and serious marketing

And yes—Adam uses examples from soup spoons to Yelpers who love legs.

📱 Have a product design you want to protect? Call Adam at 424-281-0162
💼 Visit nolanheimann.com/podcast for more

Until next time: Keep on inventing.

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

This is not a Carly Rae Jepsen fan podcast—but in this episode, her hit song “Call Me Maybe” helps explain a major concept in patent law: Jepson-style claims.

Unlike traditional U.S. patent claims that avoid admitting anything about prior art, Jepson claims explicitly state what is already known—and highlight only the improvement. But that strategy comes with risk, especially in the U.S., where those admissions can be used against you.

💡 In this episode:

• What is a Jepson-style patent claim?
• How it differs from traditional U.S. and European claim styles
• A side-by-side comparison using peanut butter sandwiches... and "Call Me Maybe"
• Why U.S. attorneys usually don’t recommend Jepson claims
• What this all means for how you protect your invention

📌 Mentioned:
– Claim drafting basics
– Prior art & obviousness
– U.S. vs. European patent norms
– The art of not admitting too much

🎧 Want to improve your patent game? Tune in and learn how to write claims like a pro—no musical talent required.

📱 Questions about patents? Call Adam: 424-281-0162
📍 Learn more at nolanheimann.com/podcast

🎙 Hosted by Adam Diament, Registered Patent Attorney | Partner, Nolan Heimann LLP

When is an invention too obvious to be patented?

In this episode, Adam Diament unpacks one of the most important (and misunderstood) concepts in patent law: obviousness. He focuses on the recent case of Vanda Pharmaceuticals vs. Teva Pharmaceuticals, where the Federal Circuit used the “reasonable expectation of success” standard—ultimately invalidating Vanda’s patent for Hetlioz.

Tune in to learn:

• The difference between “reasonable expectation of success” and “predictable results”
• How biotech and pharma inventions are especially affected
• Why the Supreme Court’s refusal to hear the case cements this standard—for now
• What this means for inventors and attorneys going forward

📌 Mentioned in this episode:
– Vanda v. Teva
– Hetlioz (treatment for sleep disorders)
– Supreme Court’s 2024 cert denial
– Prior episodes on obviousness: Ep. 3, 47, 48, 49, 143

🎧 Subscribe to the full series at nolanheimann.com/podcast

🧠 Knowledge is power—especially when it’s not obvious.

🎙 Hosted by Stefan Guttensohn | Guest: Kelly Algier

Why do women—who make up half the population—still hold less than 20% of senior corporate positions? Leadership coach and Harvard-trained organizational psychologist Kelly Algier joins Stefan Guttensohn to unpack the deep-rooted biases and structural challenges facing women in leadership.

Together, they explore:

• The myth of the “male archetype” leader
• SB-826 and the limits of legislation
• Work-family tensions and cultural stigma
• The double-bind dilemma: kind vs. assertive
• Intersectionality and the unique barriers for women of color
• Solutions: leadership competency radars, ERGs, menopause-friendly policies, and more

Kelly shares insights from coaching women at Fortune 500 companies, real-world solutions being implemented in workplaces across Europe and North America, and personal reflections on navigating the corporate world as a mother and executive.

📍 Guest: Kelly Algier
🎧 Subscribe at nolanheimann.com/podcast
📖 Recommended reading: Creating Gender-Inclusive Organizations, The Secrets of the Sprakkar