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On Intellectual Property

On Intellectual Property

By: Jeff Harty
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We live in very innovative times where intellectual property rights - patents, trademarks, copyrights, and trade secrets - are a key component to the future success of almost any career or business.

Join Jeff Harty biweekly as he interviews patent and trademark professors, in house IP counsel, business leaders, IP trial attorneys and even members of the judiciary who will provide unique perspectives on what it takes to develop a successful strategy in dealing with intellectual property. Whether you are interested in intellectual property protection, enforcing IP rights or defending IP disputes, this is the podcast for you.

2022 Jeff Harty
Economics Leadership Management Management & Leadership
Episodes
  • The PTAB and the Impact of Post-Issuance Invalidity Proceedings with Jay Kesan
    Jul 7 2026
    It is rare to find someone in the field of intellectual property, in particular patent law, who is a scholar and a practitioner. Today, we have with us Jay Kesan who is both. Listen in for a great episode full of information about the PTAB (Patent Trial and Appeal Board) and the impact it has had on the patent system after 10 years. In this episode, Jeff Harty and Jay Kesan discuss: Jay’s professional career as both a law professor and a practicing patent attorney/litigator. The impact of IPRs and PGRs on the patent system. Challenging the validity of a patent in an IPR proceeding versus district court litigation. Key Takeaways: The PTAB was created as an alternative forum for challenging issued patents. It was hoped that the PTAB would provide a lower-cost means of challenging already-issued patents.In the past few years, the number of patent validity challenges has leveled out to about 1,500 IPRs per year.The vast majority of IPRs involve parallel district court infringement actions.The USPTO, under its new director, has issued new guidelines for discretionary denials of PTAB proceedings. A fair comment, at this stage, would be that these discretionary denials are only going to continue to decrease even when there is parallel district court litigation.“If you're a patent owner and you believe that your patents are being infringed and you're contemplating an infringement action, you have to take into account the new world that you have to deal with.” — Jay Kesan   About Jay Kesan: Jay P. Kesan, Ph.D., J.D., is a well-recognized and accomplished patent attorney with more than 25 years’ experience. His work encompasses all aspects of patent enforcement, patent strategy, and licensing. He has been lead counsel or co-counsel in numerous patent lawsuits in various federal district courts around the country. He has argued numerous appeals before the Court of Appeals in the Federal Circuit. He has also served as lead counsel in more than 30 IPRs and argued several times before the PTAB. He has been actively involved in every aspect of patent litigation as counsel, Special Master, appellate counsel, technical expert, legal expert, and mediator.Jay has a Ph.D. in electrical and computer engineering from the University of Texas at Austin and worked for several years as a research scientist at the IBM Thomas J. Watson Research Center. As a result, he works with clients on IP disputes that involve a wide variety of technologies and innovations.Jay is also an active empirical scholar, and his recent works have focused on cyber risk and patent policy. He has published numerous articles and six books on patent law and policy and cybersecurity and privacy with an emphasis on empirical research methodologies.He is a professor and H. Ross and Helen Workman Research Scholar at the University of Illinois at Urbana-Champaign. He is an active and widely cited scholar.Connect with Jay Kesan: Website: https://jaykesan.com/ Email: jay@jaykesan.com 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 Connect with Jeff Harty: Website: https://nyemaster.com/attorney-directory/jeffrey-d-harty/Email: jharty@nyemaster.comLinkedIn: https://www.linkedin.com/in/jeff-harty-5a9a1643/
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    33 mins
  • Developing Coordinated IP Strategies and Enforcing Patent Rights in International Markets with Gary Cox
    Jun 30 2026

    Today, Jeff Harty and Gary Cox unpack how companies can build coordinated global intellectual property strategies that actually work in challenging markets worldwide. Gary shares how integrating prosecution, litigation, branding, and commercial IP agreements under one cohesive team can transform scattered filings into a powerful, enforceable portfolio. They also dive into the evolving patent enforcement landscape in Australia, including faster litigation times. If you’re looking to protect valuable IP on a global stage, this conversation shows what it takes to move from theory to practical, on-the-ground results.


    In this episode, Jeff Harty and Gary Cox discuss:

    • Developing a coordinated strategy for protecting inventions and trademarks in Europe, Africa, Asia, and the Middle East.
    • Brand protection, anti-counterfeiting, anti-piracy, and enforcement in challenging markets.
    • Key distinctions and developments in patent enforcement proceedings in Australia.


    Key Takeaways:

    • Multinationals are paying more and more attention to the intellectual property they can build, not only in branding, but also in patents.
    • The innovation economy is ever-evolving and changing. It is being driven by politics and people as well as commerce. In Australia the courts are taking a far more proactive stance; they are pushing to move cases more quickly and cost-effectively through the system.


    “IP strategy isn't just one set of rights. It’s patterns, it’s trademarks, it’s designs, it’s trade secrets, it’s copyright, and it’s an ability to bring all those different rights together and to be able to deliver a package that protects the IP when it has been developed.” — Gary Cox

     

    About Gary Cox: Gary Cox started as an Examiner of Patents with the Australian Patent Office (now IP Australia). He then transferred to private practice to assist clients with the development and prosecution of patent applications.


    He is an intellectual property lawyer (solicitor and barrister), an Australian patent and trademarks attorney, and a New Zealand patent attorney.


    Gary acts predominantly in the biotechnology and pharmaceutical industries, with his practice focusing primarily on strategic IP structuring and contentious IP actions. Much of that work is in the field of patent litigation (infringement and revocation actions) and oppositions in Australia. Gary also assists clients with freedom to operate and due diligence positions and opinions, and works with New Zealand litigators to deliver the same outcome for his clients in New Zealand.


    Connect with Gary Cox:

    Website: https://wrays.com.au/

    Email: gary.cox@wrays.com.au

    LinkedIn: au.linkedin.com/pub/gary-cox/9/b21/88b


    Connect with Jeff Harty:

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

    Email: jharty@nyemaster.com

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

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    51 mins
  • Challenges in Navigating Noncompete Agreements and Protecting IP in the Workplace with Fran Haas
    May 27 2025

    In today’s episode, Jeff Harty and Fran Haas explore the complexities of noncompete agreements, noting their effectiveness in protecting IP but also their challenges. Fran highlights varying state laws on noncompetes and provides valuable insights related to structuring noncompete agreements with remote and mobile workforces.


    In this episode, Jeff Harty and Fran Haas discuss:

    • Noncompete agreements to protect IP and what makes them enforceable.
    • How non-solicitation agreements and confidentiality agreements differ from noncompete agreements.
    • Political pressure against noncompete agreements.
    • State-specific limitations to be aware of.


    Key Takeaways:

    • What the noncompete agreement says, the law that applies, and where your employee is living or working are all variables that can greatly impact the enforceability of a noncompete.
    • Noncompetes are politically unpopular because they are viewed as giving an employer the ability to stop someone from earning a living.
    • Be strategic about your chosen state. Be aware of the laws in the state where your business is organized.


    “Make sure your noncompete is enforceable in your chosen state. That’s a first step. It seems obvious, but with the law changing as much as it is, you should be checking in at least once a year with your employment counsel to make sure your noncompetes are still enforceable.” — Fran Haas

     

    About Fran Haas: In her labor and employment practice, Fran Haas encounters a fair share of difficult cases, but in each matter, she’s determined to reach a conclusion that satisfies her clients. “I’m able to handle all the issues my clients might encounter,” she says. “It’s about being resourceful.”


    Fran litigates for employers in cases related to harassment, discrimination, retaliation, Family and Medical Leave Act, equal pay, and wrongful termination. She negotiates collective bargaining agreements on behalf of management, as well as other labor disputes. She also takes on higher education cases in matters involving Title IX, Title VII, the Violence Against Women Act, and the Iowa Civil Rights Act.


    On a daily basis, Fran takes satisfaction in seeing the legal system at work. As a former law clerk for a federal judge, Fran saw firsthand how the court provides an important service to citizens, something that drives her in her practice. “It’s very rewarding to me when the system works the way it should and we get the outcome for the client,” she says. “It’s not just winning but being part of a process that works.”


    Connect with Fran Haas:

    Website: nyemaster.com/team/frances-m-haas

    Email: fhaas@nyemaster.com

    LinkedIn: linkedin.com/in/frances-haas-47a42819


    Connect with Jeff Harty:

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

    Email: jharty@nyemaster.com

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

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    43 mins
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