The State of the Patent Ecosystem: Live at IIPLA with Judge Randall Rader and Jay Kesan

On Intellectual Property

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 economy
• Apportionment in patent damages
• From E.D. of Texas to W.D. of Texas to Delaware: hot patent courts
• Effective appellate advocacy

Key Takeaways:

• Adequately protecting the technology of tomorrow requires looking beyond your own country’s law. We cannot simply look to U.S. intellectual property law but must consider the global interplay in patent law.
• IP is about strategy. In a worldwide dispute, you want to be able to settle in the United States, even if you use leverage from other countries to give you the best strategy for your desired settlement.
• It is about more than just the cash value. There is also cost value and market value to be considered in apportionment.
• In appellate work, you are looking for a single, reversible error. You need to be able to discern the one error that should be corrected, why it is reversible, and then be clear and convincing on that point.

“I feel like putting a model or submitting a model forces me to submit, essentially, an embodiment and example. And I would hate to be limited to the example or the model that I submit. Part of the beauty of the claims system is that you’re drafting the claims to capture all those examples and models and so on. And I’d hate to be deprived of that by having a model submitted or basically lose that flexibility at the altar of definiteness or preciseness.” —Jay Kesan

Connect with Judge Randall Rader:

Bio: https://www.law.gwu.edu/randall-r-rader

Website: https://www.theradergrouppllc.com/

Connect with Jay Kesan:

Bio: https://jaykesan.com/about-me/

Website: https://jaykesan.com/

Email: [e-mail]

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

If you missed it, check out our first episode with Jay Kesan: The PTAB And The Impact Of Post-Issuance Invalidity Proceedings With Jay Kesan

Connect with Jeff Harty:

Website: https://nyemaster.com/attorney-directory/jeffrey-d-harty/

Email: [e-mail]

LinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/