BCLT’s Expert Series Podcast

 

Berkeley Center for Law & Technology’s Executive Director Wayne Stacy interviews leading law and tech experts to discuss current cases and recent decisions concerning: antitrust and regulation, product development, content development and platforms, privacy and cybersecurity, technology and society, and brand protection.

Also available on Apple Podcasts, Google Podcasts, and Spotify.

September 15
Andrew Gesior and Elizabeth Weiswasser, Weil
 

 

Juno IP is another in a long line of Federal Circuit cases flipping jury decisions on genus claims. What should prosecutors and trial attorneys be thinking about to survive both the jury and the Federal Circuit?

September 15
Ken Herzinger and Eric Sibbitt, Paul Hastings

 

Is the SEC trying to regulate cybersecurity and innovative financial products through easy enforcements? And is a leanly-staffed SEC prepared for robust pushback from defendants?

September 15
Last Week in Texas with Michael Smith, Episode 7

Does willfulness evidence play a role in persuading the jury on infringement and validity? The Courts take a harsh view toward parties taking factual shortcuts in briefing. And a claim construction decision turns into an indefiniteness rout. 

 

September 8
Last Week in Texas with Michael Smith, Episode 6

Judge Albright followed the Federal Circuit’s venue roadmap. Will the Federal Circuit like the result?  And EDTX gives us a rare, detailed look at 251 defenses.

 

September 8
Chris Mammen, Womble

While patents and trade secrets can co-exist for the same device, the scope of the trade secret needs careful examination. Is this a case of bad facts overwhelming that careful examination?

September 3
Charles Tait Graves, Wilson Sonsini

While patents and trade secrets can co-exist for the same device, the scope of the trade secret needs careful examination. Is this a case of bad facts overwhelming that careful examination?

September 3
Last Week in Texas with Michael Smith, Episode 5

 

 

Is it fair to say that Judge Albright is privatizing the role of judicial clerk by forcing litigants to hire his former clerk as a technical advisor?  What value are litigants getting from the process? And what can litigants expect in the future?

August 24
Last Week in Texas with Michael Smith, Episode 4

 

 

Two textbook cases on how to win an injunction. And what to make of the Federal Circuit’s new “mandamus light” procedure?

August 23
Jim Brogan and Abby Parsons, King & Spalding

 

While patents and trade secrets can co-exist for the same device, the scope of the trade secret needs careful examination. Is this a case of bad facts overwhelming that careful examination?

August 20
Jenny Chen and Ewa Wojciechowska, McDermott Will & Emory

 

 

In an unusual move, the USPTO went to the Federal Register with a reminder on how to address prophetic examples. What does this guidance mean for those that rely heavily on translations?  And how will this standard work its way into District Court litigation?

August 19
Doug Landy and Era Anagnosti, White & Case                

 

Based on the recent attention from regulators, cryptocurrency is going mainstream, but who is writing the rules and to what end? And how will these regulators view the difference between cryptocurrency and stable coin? 

August 18
Last Week in Texas with Michael Smith, Episode 3

 

A pair of unusual cases gives us a roadmap for invalidity and inequitable conduct standards. Judge Albright shows us that he will hold parties to their promises. And we learn more about the boundaries of privilege waiver.

August 12
Nimalka Wickramasekera and Juan Yaquian, Winston & Strawn

Arthrex grabbed headlines, but will it actually be a useful tool for PTAB oversight? Will the USPTO Director be willing to take a hard look at PTAB decisions? And what can we expect from a new Director?

August 6
Travis Jensen, Orrick

When is winning an IPR a handicap in District Court litigation? One District Court issued—in its own words—a “counterintuitive” result allowing the patent owner to try claims invalidated by the PTAB in a FWD while prohibiting the accused infringer from challenging the validity of those same claims.

August 5
Lothar Determann, Baker McKenzie

With the fall of Privacy Shield and the Safe Harbor program, what can we expect for the future of transatlantic data transfers? Can the EU and US work out a trade deal? 

August 5
Nitika Fiorella, Fish & Richardson

Proving non-obviousness with secondary indicia is hard on the best of days. It is even harder when the PTAB creates additional hurdles. The Federal Circuit, in the Chemours case, had something to say about these new hurdles. 

August 5
Christopher Cox and Joseph Spoerl

The Federal government is joining the state attack on unfair non-compete agreements. With the FTC preparing to draft new rules limiting the use of non-compete agreements, what should companies be considering and how can they get involved in the rule-making process?  

August 4
Ted Claypoole, Womble

How far is too far when it comes to hiding the truth? Should companies be prohibited from reporting factual, public information? The differences between the EU and the US illustrate the fight for disclosure vs. the fight for privacy.

August 4
Last Week in Texas with Michael Smith, Episode 2

 

Big week for venue–Is Judge Albright criticizing district courts that stay cases pending IRP resolutions? And the Federal Circuit rules against common sense and judicial experience.

July 29
Mark Cohen, AsiaIP/Berkeley Law                                  

 

US trade representatives have been focusing their attention on getting the Chinese government to adopt criminal and administrative sanctions for IP theft.  What does this focus mean for patent infringement? And what should US companies do about it?
Related article: The Criminal Bias in U.S. Intellectual Property Diplomacy

July 28
Last Week in Texas with Michael Smith, Episode 1


This week, Michael walks us through bad meet-and-confer tactics, the impact that termination of the patent pilot program is having on the Northern District, and trial tactics during COVID.

July 27
Robert Merges, BCLT/Berkeley Law                               

Minerva, on its face, seems relatively straight forward–assignor estoppel survives in some cases. But how will District Courts handle mandatory fact discovery? And what can companies do to anticipate the future?

July 26
Carol Sun, Yuanda

China is poised to significantly update its current data-protection framework with a key new law: the PRC Personal Information Protection Law (“PIPL”). These new regulations will undoubtedly impact multinationals operating in the PRC. Carol Sun, from Yuanda, explains what you should start thinking about now.
Related article: Cross-Border Data Transfers Under the New PRC Data Protection Regime

July 15
Sarah Guske, Baker Botts

Patent venue challenges often turn on a company’s operations within a particular venue. As company’s permit and even encourage remote work, this venue analysis may be changing. And with remote work growing in the Austin area, what can you anticipate happening in the Western District of Texas?