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    Government & Organizations

    Clause 8

    Clause 8 is the long-form IP podcast hosted by Eli Mazour, featuring conversations with the people and forces shaping the patent system.

    Its audience includes sophisticated in-house counsel, judges, IP policymakers, senior USPTO officials, patent dealmakers, and leading practitioners. The show is designed to help listeners stay ahead of the curve by understanding not just the latest patent developments, but the personalities, incentives, and institutions behind them.

    Clause 8 features conversations that provide strategic insight into patent law, policy, innovation, licensing, and other issues affecting the IP community. Past guests have included major American innovators, federal judges, USPTO Directors, senior IP staff on Capitol Hill, in-house leaders, patent dealmakers — and Carole Baskin’s attorney from Tiger King.

    Law360 featured Clause 8 first in its 2026 list of “5 Podcasts to Keep IP Attys Entertained and Informed,” describing its guests as “a bit of a who’s who of IP law.”

    Clause 8 has also been covered or cited by Bloomberg, Courthouse News Service, Above the Law, IAM, Original Jurisdiction, and other publications.

    www.voiceofip.com

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    Latest Episodes:
    Tom Irving on Litigating 1st Hatch-Waxman Case & Mentoring 1000s in Patent Field May 05, 2023
    Show notes

    Eli is joined by the legend of the patent bar, the virtuoso of Federal Circuit decisions – Tom Irving. They discuss the rise of the pharmaceutical patent practice, the creation and current state of the Federal Circuit, why and how Tom mentored 1000s of patent attorneys, best practices for patent prosecution, and much more!

    • Chief Judge Moore’s efforts to oust Judge Newman

    • How Tom ended up practicing patent law

    • Why there are so many patent attorneys from and in Utah

    • Joining Finnegan, Henderson in the 70s

    • How general patent practice firms getting into patent law spurred the growth of the pharma patent practice

    • Working on the first Hatch-Waxman litigation

    • Stories about helping pharma start-ups build multibillion dollar patent portfolios

    • Advice for building valuable patent portfolios

    • Why pharma patents generally manage to survive PTAB proceedings

    • The cost of drugs

    • How Tom predicted issues raised by Salazar v. AT&T Mobility LLC

    • Whether the Federal Circuit should issue more en banc decisions

    • Should the Federal Circuit be responsible for uniformity in decisions?

    • Being law firm partners with Judge Kara Stoll

    • Being mentored by PJ Federico and others

    • Advice for mentoring others

    • Who should consider retiring

    • Tom’s retirement plans in 2054


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    Tim Pohlmann on Founding IPlytics & Hosting The SEP Couch Apr 21, 2023
    Show notes

    Tim Pohlmann is the founder and CEO of IPlytics, which provides software analytics tools for standard essential patents (SEPs). Tim is also one of the world’s leading economists that focuses on the subject of SEPs, and was recently commissioned by the EU Commission to provide empirical studies for their work regarding SEPs.

    Tim’s podcast, The SEP Couch, features discussions with a very diverse group of industry leaders, prominent attorneys, academics, and policy makers on the subject of SEPs).

    On this episode, Tim and Eli discuss:

    • The SEP Couch Podcast, including Eli’s favorite interviews with Carlos Olarte and Kirti Gupta

    • How, as an economist, Tim became interested in patents, and specifically SEPs

    • Founding IPlytics, the evolution of patent data, and keeping customers engaged

    • Advice for starting and growing a software company in the legal/patent space

    • Incentivizing through SEPs and the ideal system for innovation related to standards

    • Weighing transaction costs & role of actors purposefully increasing those costs

    • The limits of data and media simplification

    • Lobbying on SEPs issues

    • Lexis Nexis’ acquisition of IPlytics


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    HTIA’s David Jones on Winning in DC Apr 07, 2023
    Show notes

    David Jones is the Executive Director of the High Tech Inventors Alliance (HTIA), which advocates on patent policy issues on behalf of some of the largest tech companies in the world.

    When Dave became the head of HTIA in 2019, it seemed that DC was finally turning against the “patent troll” narrative driving patent policy in Congress and the executive branch. However, that did not last long: efforts to pass Section 101 reform failed to gain traction in Congress; the current administration rolled back efforts to restrain the role of the PTAB under the previous administration; and an unprecedented lobbying effort spurred the Chief Judge of the Western District of Texas to randomly reassign new patent cases filed in Judge Alan Albright’s division. All outcomes that members of the HTIA supported.

    This episode features a wide-ranging and super fun conversation about if (and how) Dave has been so effective as head of HTOA over the last few years and/or if he’s just that lucky.

    Prior to taking the helm at HTIA, Dave was assistant general counsel for IP policy at Microsoft and worked for Senator Orrin Hatch on IP issues for many years. Dave is able to draw on those experiences to provide priceless – and often surprising - insights about how patent policies are shaped.


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    Commissioner Stoll on Being Part of ‘First Family’ of Patent Law Mar 24, 2023
    Show notes

    Former Patent Commissioner Robert Stoll joins the Clause 8 podcast to talk about working his way up from being an examiner to being the commissioner over his 30+ year-long career at the USPTO. As commissioner, Bob helped former USTPO Director David Kappos implement the American Invents Act (AIA) and transform how the USPTO’s patent examiners operate. Before that, he served as USPTO’s head of the Office of Legislation and International Affairs under Director John Dudas. Now out of government, he freely shares what he thought about what happened at the USPTO during his time there as an executive, why he stayed, and what he thinks about the current state of America’s patent system.

    He also talks about what it’s like to be part of the “first family” of IP law, which includes Federal Circuit Judge Kara Stoll.

    In this episode, Eli and Bob also discuss:

    • How so many of Bob’s family members ended up serving in senior IP roles in every branch of US government and internationally
    • Bob’s secrets for longevity & success at the USPTO
    • How he became Commissioner
    • Relationship with David Kappos
    • Whether the USPTO Director is really in charge of an administration’s patent policy
    • Creation of the Patent Trial and Appeals Board (PTAB) and post-grant proceedings
    • Role of “patent troll” narrative
    • Whether there is a “patent quality” problem
    • Director Vidal’s exercise of her Director review power
    • Proposals to record examiner interviews
    • Importance of IP bar organizations in shaping policies

    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    World’s #1 IP Dealmaker You Haven't Heard of...Yet Mar 10, 2023
    Show notes

    If you’ve come across a national news story about some brash character making lots of money from patent deals, chances are that the person making those deals happen behind the scenes was an unassuming lawyer in Israel. Her name is Lillian Shaked.

    On this episode, Lillian tells the story of how she went from being a commercial attorney in Israel to working with who’s who of patent monetization legends around the world and likely working on more major patent deals than any other attorney in the world. Lillian also talks about her relatively recent transition from being the lawyer to acquiring and monetizing the patents herself. This is likely only the beginning of that story….

    In this episode, Eli & Lillian discuss:

    • How moving from Canada to Israel set her apart as Israel’s high tech sector boomed

    • How Lillian made a patent transaction career from one patent deal

    • Working with Erich Spangenberg

    • Advantage of working from Israel on American patent deals

    • Importance of ongoing, positive relationships between parties involved in patent transactions

    • Monetization strategies based on reasonableness of infringers/potential licensees

    • Impact of course correction in patent market after the boom years in the early 2000s

    • Rise of litigation funding

    • Why patent litigation funding companies moved from taking passive role to taking active role

    • How and why patent litigators prevent win-win outcomes

    • Terms to avoid in patent deals

    • Why and how deals fall apart

    • Importance of momentum for patent transactions

    • Why the BlackBerry patent deal fell apart

    • Transitioning from handling the transactions as a lawyer to acquiring patents from beginning

    • Advice for building valuable patent portfolios

    • Efforts to shame patent assertion entities


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    USPTO Director Kathi Vidal Defends America's Patent System Feb 24, 2023
    Show notes

    Kathi Vidal returns to the Clause 8 podcast to talk about her first year as the Director of the US Patent and Trademark Office (USPTO). In an expansive conversation, Director Vidal talks about what she hopes to accomplish, explains and defends the current process for exploring and making changes to the patent system, and responds to criticisms regarding the state of the system. Even close observers of her time as Director are bound to be surprised by many comments she offers on this episode.

    On this episode, Director Vidal and Eli discuss:

    • Offer to become Director & preparation for role

    • Big-picture vision & importance of listening to all stakeholders

    • How stakeholder input drove administration’s decision regarding standard essential patent (SEP) policy statements

    • Healthy state of America’s patent system & need for improvements on the margins

    • Negative impact of information that discourages use of patent system

    • Reliance of American companies on other jurisdictions to enforce their patent rights

    • Efforts to increase diversity of patent applicants, including efforts to expand pro bono programs

    • Weighing stability of patent system v. implementing change

    • USPTO’s willingness to pivot, pause, and extend

    • Are requests for comments (RFCs) destabilizing patent system?

    • Correct way to view USPTO’s RFCs – why you shouldn’t read too much into individual questions

    • Proposal to record examiner interviews

    • Coordination with USPTO labor unions

    • Indispensable role America’s patent system played in creation of the COVID-19 vaccines

    • How lack of patent eligibility for diagnostic tests impeded innovation for COVID-19 tests

    • Efforts of drug companies to make sure that those who needed COVID 19 vaccines got them

    • Message to independent inventors (who hear Molly Metz’s story)

    • Upcoming plan to solve for problems faced by independent inventors

    • “Patent troll” narrative – are there too many “bad patents”?

    • Reputation of the PTAB & desire of PTAB judges to get it right

    • Has the PTAB worked out as intended?

    • Purpose of new guidance & rulemaking regarding Fintiv discretionary denials

    • Approach to Director review & importance of independence of PTAB judges

    • Plan to solicit input regarding role of 3rd parties in PTAB proceedings

    • Need for more clarity regarding Section 101

    • Providing examiners with ability to do pattern recognition for Section 101 analysis

    • Selection of Commissioner for Patents Vaishali Udupa

    • Surprising alignment with America’s allies on innovation & IP issues

    • Advice on overcoming career setbacks


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    How the PTAB Killed Molly Metz’s Patents Feb 10, 2023
    Show notes

    Five-time world jump rope champion Molly Metz and her husband Dirk Tomsin talk about the highs and lows of innovation, entrepreneurship, and relying on America’s patent system. A serious car accident spurred Molly to invent a new type of jump rope that revolutionized jump roping and the use of jump roping for CrossFit. Thanks to patents that were awarded to her by the US Patent Office (USPTO) for the invention, Molly’s company – JumpNrope – started making the jump ropes completely in America and licensing the patents to various fitness companies that eagerly relied on her jump roping technology.

    It should’ve been the perfect story that the USPTO could tout about how America’s economy benefited from a woman inventor taking advantage of the patent system. Instead, Rogue Fitness - the largest fitness distributor for CrossFit –challenged Molly’s patents at the USPTO’s Patent Trial and Appeal Board (PTAB). Molly and Dirk are now dealing with the aftermath of that and fighting for a better future for other inventors.

    On this episode, Molly, Dirk, and Eli discuss:

    • Molly’s start in the world of jump roping in Boulder, Colorado

    • How a car accident spurred her to invent

    • Decision to file patent applications

    • Examination process at the USPTO & rewarding feeling of obtaining a patent

    • Decision to manufacture the jump ropes in Colorado and not China

    • Experience of successfully licensing the patented jump rope technology to other companies

    • When the patent system worked for Molly

    • Rogue Fitness’ initial interest in selling Molly’s jump rope, licensing negotiations, and decision to infringe

    • Negative impact of Rogue Fitness’ refusal to license the technology

    • Working with patent litigation attorneys to enforce patents

    • Rogue Fitness challenging the patents at the PTAB based on two patents from 1978 and 1979

    • Molly and Dirk’s experience with the subsequent PTAB proceedings and Federal Circuit appeal

    • Prof. Dennis Crouch’s analysis of the PTAB decision

    • Supreme Court petition to secure pre-cancellation damages

    • USPTO’s effort to increase number of women patentees

    • Advice for other women and small business inventors


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    Bruce Berman on Telling a Patent Story Jan 27, 2023
    Show notes

    Bruce Berman is the PR guru of the IP world. As CEO of Brody Berman Associates, he has implemented marketing and business development programs on behalf of more than 200 IP portfolios and businesses. And, in 2016, he founded the Center for Intellectual Property Understanding, an independent non-profit that raises awareness of the use and impact of intellectual property on individuals and businesses. He is also the host of the Understanding IP Matters podcast. In this episode of the Clause 8 Podcast, Berman delves into the who, what, when, and how of telling IP stories to help promote causes in the patent world.

    On this episode, Bruce and Eli discuss:

    • How Bruce went from “frames to claims”
    • How Bruce helped Kenyon & Kenyon after it lost a billion dollar patent litigation representing Kodak
    • Success of the “Patent Troll” narrative
    • Efforts to improve appreciation of patent rights
    • Different appreciation of different types of IP rights (copyright v. patent)
    • PR strategies for parties involved in patent litigation
    • Internal and external patent PR strategies for operating companies
    • PR strategies for NPEs
    • Why “efficient infringement” is like kissing your sister
    • How COVID was used opportunistically to sow misinformation regarding patents
    • IP Media ecosystem

    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    Bob Giles – Exclusive Interview with Qualcomm's New Chief IP Counsel May 10, 2022
    Show notes

    Qualcomm is responsible for the smartphone revolution. It started working on the technology back when many thought it was impossible. Besides everyday users, one of the biggest beneficiaries of Qualcomm’ technology was Apple.

    Apple relied on the technology to make iPhones that grew its market cap to a record of $3 Trillion. However, eventually, Apple decided it was paying Qualcomm too much for the technology.

    And, instead of agreeing to one fair arbitration process to settle the dispute, Apple decided to rely on scorched-earth litigation. The dispute between Apple and Qualcomm quickly blossomed into more than 100 cases around the world.

    But it wasn’t long before Qualcomm was racking up wins in China, Germany, and the US. Apple finally agreed to settle on the eve of another trial in the US in 2019.

    Bob Giles was one of the people responsible for that Qualcomm victory.

    Two years after that, he was named Chief IP Counsel at Qualcomm. He now shepherds a team that is responsible for managing and growing 140,000 IP assets and handling some of the most high-profile patent disputes in the world.

    On this episode, Eli talks to Bob about his new role and the ongoing disagreements between innovators like Qualcomm and implementers like Apple.

    Episode Highlights

    [02:07] What’s Qualcomm all about?: Giles discusses how Qualcomm began, the early challenges it faced, and its business mission.

    [05:37] Keeping the lights on: Giles tells the story of how Qualcomm entered a licensing agreement with Motorola in its early days.

    [07:23] Qualcomm’s business model: Giles explains why Qualcomm’s model works and how it encourages innovation.

    [10:01] Does the current system for standards and SEPs work?: Giles discusses the policy debates regarding these topics.

    [19:55] Getting the dream job: Giles talks about what it was like to transition from patent litigation to Chief IP Counsel at Qualcomm, and what the Chief IP Counsel job entails.

    [28:42] What makes a great portfolio?: Qualcomm isn’t like other companies when it comes to patents. As chief IP counsel, Giles discusses what needs to be part of the company’s portfolio.

    [35:37] The million-dollar question: The law, and our interpretation of it, is changing all the time. How does a company like Qualcomm, with over 140,000 IP assets and offices all over the world, navigate those developments?

    [39:57] Apple v. Qualcomm: Giles discusses how he helped Qualcomm beat Apple

    [43:13] Lessons learned: Giles discusses his major takeaways from litigating a large-scale, multinational case.

    [47:06] Why Qualcomm thrives: Giles shares the underappreciated aspects of Qualcomm and his take on why it has been so successful.

    [50:37] The innovation climate: Qualcomm was able to get an injunction for its patents in China and Germany, but not in the U.S. When impact does this have on American companies trying to innovate and protect their IP?

    [52:18] The ‘death squad of patents’?: The 2011 creation of a Patent Trial and Appeal Board, has been controversial, but has it damaged the U.S. IP system? What went wrong? Giles shares his thoughts.

    [57:17] Know your field: Giles offers his advice for being successful in the IP field.


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

    Ray Millien - Volvo's past Chief IP Officer & CEO of Harness IP Apr 26, 2022
    Show notes What is outside counsel’s real job? How do you make patents part of a 100-year-old company’s DNA? Why did Ocean Tomo fail to become the Goldman Sachs of patents? How do you get opposing counsel to offer you a dream job?

    The Renaissance Man of IP – Raymond Millien – shares these secrets on the latest episode of Clause 8. Ray previously served as Chief IP Office at Volvo and is now the CEO of the IP boutique, Harness IP. Prior to that, Ray served as the general counsel of a groundbreaking IP business, helped rebuilt the IP program of a Fortune 100 company after the Great Recession, and co-founded the PCT Law Group.

    On this episode, Eli talks to Ray about how to succeed as in-house counsel and outside counsel, how to properly built a patent portfolio for a major corporation, and what it takes to succeed in the IP field.

    Episode Highlights:

    [01:35] From computer programming to IP: Born in Brooklyn to Haitian parents, Ray discusses how he “Forrest Gumped” his way into IP law.

    [06:46] The Goldman Sachs of IP?: Ray talks about how he fell into being general counsel at Ocean Tomo, which had a vision of being the “Goldman Sachs of the IP world.”

    [10:28] Jumping into public policy and out: Excursion into lobbying on IP issues after starting PCT Law Group in Washington, D.C., and jumping out to restart Goldman Sachs’ IP program

    [16:58] Ignore at your own peril: How should financial services companies — which don’t produce physical products — go about building an IP portfolio?

    [19:45] The challenges of management: What does a Chief IP Counsel actually do? There’s plenty of confusion and misconceptions over the job. As Ray explains, it varies from company to company.

    [22:45] Be a salesperson: As the former Chief IP officer at Volvo, Ray was working for a multimillion-dollar company that was famously innovative. Ray explains what it takes to survive such a role.

    [29:02] Setting a quota: Many companies set a goal for how many patents they want to file by the end of the year. Ray explains why he disagrees with this practice, even with “use it or lose it” budgets.

    [34:56] Quality vs. quantity: How can a company build a respectable patent portfolio? Ray talks about how you need quantity to get to quality.

    [39:48] What works and what doesn’t: Chief IP Counsel get tons of emails and messages from outside counsel every day asking to represent their company or product. Ray let us in on what caught his attention.

    [42:15] Be a renaissance IP lawyer: Ray explains how he became a “renaissance” IP lawyer and how knowing a little bit about all sides of IP has helped him succeed in his career.

    [44:59] What needs to change: Ray talks about how the system itself that needs to work faster.

    [46:14] From opponents to colleagues: “I’ve been Forrest Gump my entire career:” Ray reveals the unusual circumstances of how he ended up working for Harness IP.

    [53:03] The plague of patent law: Ray talks about what’s plaguing the U.S. patent law system now — the lack of consistency in software patent rulings in federal courts.


    This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com

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