All Episodes

Episode 20: Paul Michel

In this episode of the podcast, Hugh sits down with Paul Michel, retired Chief Judge of the Court of Appeals for the Federal Circuit. Paul is now a consultant spending most of his time on patent policy. Specifically, advocating for revising patent law to improve clarity, predictability and making patents more reliable and enforceable when valid. Special concerns include eligibility, PTAB, injunctions, claim construction, obviousness and damages.

Hugh and Paul’s conversation covers:

  • Paul’s extensive legal experience ranging from working on the Watergate investigations to supervising the FBI.
  • The importance of law students developing legal writing skills and analytical skills outside the classroom.
  • The role and responsibilities of the Chief Judge in a circuit court.
  • How courts can easily lose sight of the practical consequences of what they decide and write.
  • The disconnect between Congress and IP courts.
  • For lawyers, the importance of real-world facts and data when writing amicus briefs.
  • The chaos that was and is caused by the Supreme Court’s decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc..

Episode 19 – Joshua Simmons

In this episode of the podcast, Hugh sits down with Josh Simmons, Partner at Kirkland & Ellis. Josh Simmons is a well-established and nationally recognized appellate and trial court litigator with a focus on IP litigations.

Their conversation covers:

  • The use and availability of magistrate judges.
  • The value of judicial clerkships to recent graduates.
  • The role of judicial clerks in pro se cases. 
  • The divide in the academic community on the role of IP.
  • Why did the Supreme Court take Warhol v. Goldsmith? What will it do?
  • And much more . . . 

Episode 18 – Judge Kathleen O’Malley

In this episode, Hugh sits down with Judge Kathleen O’Malley. Judge O’Malley served as a judge of the United States District Court for the Northern District of Ohio from 1994 to 2010, and since then as a judge of the United States Court of Appeals for the Federal Circuit. 

Their conversation covers:

  • Judge O’Malley’s educational and professional background.
  • How did Judge O’Malley become a federal judge?
  • Jury or nonjury litigation: from the judge’s perspective, which is better?
  • What role does “charm” play in litigation?
  • How did Judge O’Malley get interested in patent law?
  • The Supreme Court’s decision in Google v. Oracle.
  • District Court or Court of Appeals: for the judge, which experience was better?
  • Why is Judge O’Malley retiring from the bench?  
  • And much more . . . 

Episode 17 – Annsley Merelle Ward

In this episode, Hugh sits down with Annsley Merelle Ward, who has become well-known beyond her years. She recently became Counsel in Intellectual Property Litigation at WilmerHale in London and has been writing for IPKat since 2009. 
  • Annsley’s nomadic upbringing in the U.S. and U.K;
  • Why the Napster litigation sparked her interest in intellectual property law;
  • Memories from her first one-on-one meeting with Sir Hugh Laddie, her University College London thesis supervisor;
  • Her views on harmonization in the European system and the remaining differences in approach to IP within Europe;
  • Annsley’s thoughts and strategies on where and when to bring an action;
  • The overlooked importance of considering international effects and implications of legal actions.

 

Episode 16 – He Jing

In this episode Hugh sits down with He Jing, an experienced practitioner for over 20 years. He has specialized in complex litigation in China involving IP, antitrust and policy advocacy.

He started his legal career as a US patent attorney and spent 9 years in a major international law firm before starting his private practice in China. 

Hugh and He Jing discuss a number of issues, including:

  • He Jing’s upbringing in China and his time spent in the U.S.;
  • The founding of his own law firm;
  • The development of the Chinese IP system;
  • The growing importance of multilateral agreements for China; and
  • What the future holds with respect to IP rights and antitrust in China.

Episode 15 – Richard Arnold

In this episode, Hugh sits down with Lord Justice Richard Arnold. He was called to the bar in 1985 and took silk in 2000. He was appointed to the High Court Chancery Division in 2008, becoming the judge in charge of the Patent Court in April 2013. He was promoted to the Court of Appeal on October 1, 2019.

They discuss a number of issues and experiences, including: 

– Richard’s choice to study chemistry and how it led to law;
– His view on how different UK courts have handled the pandemic;
– Reasons behind his record-breaking 14 references to the Court of Justice;
– How lawyers and judges compete and can also learn from other legal systems;
– Why trade secrets law is important today and how he became interested in it; and
– How he came to write the book on performers’ rights which will soon be in its 6th edition;

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*At this link, you can order the 6th edition of Performers’ Rights, which will be published later this year. 

Episode 14 — Brad Smith

In this episode, Hugh sits down with Brad Smith, President and Chief Legal Officer of Microsoft, and co-author of the book Tools and Weapons: The Promise and Peril of the Digital Age (2019). Prior to joining Microsoft in 1993, he clerked in the Southern District of New York and then was in practice with Covington & Burling in Washington, D.C. and London.

Brad and Hugh discuss a number of issues, including:

  • Brad’s growing up in Wisconsin;
  • his clerkship and Covington & Burling experiences;
  • his foray into IP and how it led to his career at Microsoft;
  • the present and future impact of AI technologies and its practical and ethical implications.

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Addendum: At this link, you can obtain a copy of Brad’s book, “Tools and Weapons: The Promise and Peril of the Digital Age.”

Episode 13 – Judge Jed Rakoff

In this episode, Hugh sits down with Jed S. Rakoff, who for close to 25 years has been a federal district court judge in the District Court for the Southern District of New York. Before that he spent several years in private practice and seven years as a federal prosecutor at the U.S. Attorney’s Office for the Southern District of New York. 

They discuss a number of issues and experiences, including Judge Rakoff’s: 

– Upbringing in Philadelphia; 

– Time as a white collar criminal defense lawyer and Chief of Business and Fraud Prosecutions in the U.S. Attorney’s Office;

– Longtime experience as a federal judge, including views on jury trials and the value of oral arguments;

– Views on the death penalty and problems with federal sentencing guidelines and mandatory minimum sentences; and

– Work with the Department of Commerce in training foreign judges in international commercial law.

Episode Twelve: Francis Gurry

In this episode, Hugh sits down with Francis Gurry, Director General of the World Intellectual Property Organization (WIPO). He has served in this role since October 2008 and will finish his second term this month.
Their discussion features a variety of global IP topics including:

1) Origins of WIPO in the late-1800s and its efforts to promote international cooperation while balancing political tensions;
2) Future of multilateral IP treaties and bilateral agreements;
3) Impacts of Brexit and German courts on the EU’s Unitary Patent System;
4) AI and its effects;
5) Social media and IP, e.g. failure of Parliament and Congress to adopt SOPA and ACTA;
6) Perspectives on the future of IP development.

Episode Eleven – John D. Feerick

In this episode, Hugh sits down with John D. Feerick, Dean Emeritus and Norris Professor of Law at Fordham Law School.

John and Hugh discuss various aspects of John’s life and developments in the legal profession from the 1940s until now:

a. John’s Irish family heritage and his childhood in a diverse neighborhood of working-class families in the Bronx;
b. the growth of law firms from small to large to overwhelming;
c. the role of bar associations, past and present;
d. John’s participation in the crafting and drafting of the 25th Amendment and the amendment to abolish the Electoral College;
e. how the practice of law has changed since he became Dean; and
f. how diversity has been a continuing issue.

They also discuss some of the special people in John’s life, why he left practice to become Dean, and how he made a difference in whatever he did, including the transformation of the Fordham Law School into a leading law school on many levels.

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Addendum: At this link, www.fordhampress.com/9780823252015/…fth-amendment/, you can obtain a copy of John’s autobiography, “That Further Shore: A Memoir of Irish Roots and American Promise,” and his book on the 25th Amendment, “The Twenty-Fifth Amendment – Its Complete History and Application,” now in its third printing.