Courthouse Steps Decision: TC Heartland LLC v. Kraft Foods Group Brands LLC - Podcast
Intellectual Property Practice Group Podcast
On May 22, 2017, the Supreme Court handed down its unanimous opinion in the closely-watched...
Intellectual Property Practice Group
Intellectual Property Practice Group Podcast
On May 22, 2017, the Supreme Court handed down its unanimous opinion in the closely-watched...
Intellectual Property Practice Group Podcast
The Biologics Price Competition and Innovation Act of 2010 (42 U.S.C. § 262) created an...
Intellectual Property Practice Group Podcast
Last Wednesday the Supreme Court handed down a 6-2 opinion resolving a long mystifying test...
Intellectual Property Practice Group Podcast
The question presented in TC Heartland LLC v. Kraft Foods Group Brands LLC is seemingly...
Intellectual Property Practice Group Podcast
May a patent owner use contracts to prohibit any resale or reuse of its patented...
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Deputy Solicitor General, Director of the Tenth Amendment Center, Ohio Attorney General's Office
John serves in the Office of the Solicitor General as a Deputy Solicitor General and as the Director of the Tenth Amendment Center. In his role, John monitors federal actions, orders, statutes, and regulations for potential overreach and advises the Solicitor General about potential actions to protect the interests of the State of Ohio. John works in both state and federal courts, including the U.S. Supreme Court, the U.S. Courts of Appeals, and the Ohio Supreme Court.
John previously practiced as a litigator at two large law firms in Columbus. He clerked for Judge Joseph Hood on the U.S. District Court for the Eastern District of Kentucky and Judge Eugene Siler for the U.S. Court of Appeals for the Sixth Circuit.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Magistrate Judge, U.S. District Court, Eastern District of Texas
Judge Love was sworn in as U.S. Magistrate Judge for the Eastern District of Texas on January 3, 2006. Before serving as Chief Staff Attorney to U.S. District Judge Leonard Davis in 2002, he practiced civil trial law in San Antonio. Judge Love has been a panelist in numerous federal practice and intellectual property seminars and is the co-author of Complex Patent Cases: Observations from the Bench, which appeared in the Spring 2010 edition of the Southern Methodist University Science and Technology Law Review. Judge Love graduated cum laude from Texas A&M University and St. Mary’s University School of Law.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Partner, Wiley Rein LLP
Wesley is a trial and appellate lawyer who represents pharmaceutical companies and technology companies in patent litigation, licensing and trade secret disputes, and other complex matters. He has deposed numerous fact witnesses and scientific experts, cross-examined witnesses at trial, briefed dispositive motions and appeals, and argued a successful appeal as lead counsel before the Ninth Circuit.
Wesley currently co-chairs the American Bar Association’s Intellectual Property Litigation Non-Practicing Entity (NPE) sub-committee and serves on the Intellectual Property Executive Committee for the Federalist Society.
Founder, IP Quality Pro, LLC
Dr. Julie Burke, Ph.D., a former TC1600 Quality Assurance Specialist, is founder of IP Quality Pro LLC, where she acts as an expert witness on patent office procedures and practices. She helps practitioners resolve complicated procedural situations in the field of US patent practice. She is also an Advisor for Petition.ai. From 2006-2015, in her role as QAS, Dr. Burke drafted over 800 petition decisions for review and signature by a variety of TC1600 Group Directors. Dr. Burke is a former Vice Chair of IPO’s Patent Office Practice Committee. She frequently gives talks on patent office practices and procedures.
Chief Executive Officer and Chief Legal Officer, DivX
Noel Egnatios is DivX’s Chief Executive Officer and Chief Legal Officer, as well as a member of its Management Committee. She leads a global team that builds industry solutions ranging from SDKs with an installed base of 2 billion products, to digital media software with over a billion downloads. The team delivers efficient, immersive entertainment experiences to consumers through its technology in TVs, smart phones, in-car devices and more. Noel is a longtime DivX employee who shepherded the growth of the company’s intellectual property portfolio and spearheaded pivotal corporate transactions and licensing deals. Under Noel’s leadership, the company continues to build on its rich heritage of creating and licensing pioneering products and technologies in video encoding/decoding, streaming and digital rights management.
Before joining DivX, Noel advised companies on intellectual property portfolio management, enforcement and licensing matters. Noel began her career working in private practice at Cooley LLP, where she oversaw the intellectual property portfolios of major Silicon Valley technology and social media companies and represented wireless technology companies in global patent litigation and arbitration.
Noel holds a B.A. and a J.D. from the University of Michigan.
Of Counsel, Foley & Lardner LLP
Eli Mazour’s goal is to help the savviest in-house counsel and business executives deal with their most important patent-related challenges. With deep insight into the patent system, emerging policy trends, and an unwavering commitment to client success, Eli helps companies leverage IP to meet business objectives.
“[Eli] is the best at taking care of our portfolio and strategy” – a longtime client that has successfully enforced patents across the globe.
Known for data-driven, innovative prosecution strategies, Eli helps clients navigate the USPTO efficiently and secure strong patents. When necessary, he also leverages alternate USPTO channels to achieve results. His experience in licensing, enforcement, and opinion work gives him a unique, business-minded approach to prosecution and transactions, helping clients avoid pitfalls and grasp opportunities.
Eli currently focuses on:
Eli also has extensive experience in obtaining license-ready, litigation-grade standard essential patents (SEPs) and preparing corresponding claim charts for licensing negotiations for one of the world’s leading developers of connectivity technology. He was the go-to attorney for the head of that company’s cellular patent development team.
He also has a background in the defense and government contracting space, including experience at a defense agency and a published article in the ABA’s Public Contract Law Journal on the importance of contractors preserving patent and technical data rights. He is particularly interested in supporting clients seeking to apply their dual-use and defense-centric innovations to advance national security objectives.
Eli’s love of talking to people and telling stories led him to start Clause 8, a widely followed IP podcast featuring the most significant voices in the IP community. He is frequently sought out for insights on patent policy, legislative developments, and changes at the USPTO.
Partner, Davidson Kappel LLC
Clint Mehall is a registered patent attorney practicing in multiple technology areas. Mr. Mehall has prosecuted hundreds of U.S. patent applications from filing to issuance, taking into consideration patent analytics for efficient prosecution without unnecessarily narrowing the claims. During prosecution, Mr. Mehall has an aptitude for identifying when an patent examiner will not issue claims of a reasonable scope, and has filed over a hundred appeals with the USPTO Patent Trial and Appeals Board, where he has an exceptional win rate. Representative technologies of his practice include electric vehicle batteries, metallurgy, nuclear energy, aeronautics, image processing, electric vehicle batteries, automated controls systems, automotive drive trains, rail transport, semiconductors, wireless data transmission systems, fuel cells, various software, nonwoven fabrics, convertible vehicle tops, and printing presses.
Mr. Mehall also has experience collaborating with foreign attorneys on patent applications in Europe, Japan and China, litigating patents, post-grant proceedings and client counseling, which includes performing patentability searches, and preparing infringement, validity and freedom to operate opinions. Currently, he serves as the co-chair of NYIPLA’s Patent Law & Practice Committee. Mr. Mehall graduated Cum Laude from DePaul University College of Law in May, 2007. At DePaul, he was an associate editor for DePaul’s Intellectual Property Digest, counseled clients through DePaul’s Intellectual Property/Technology Clinic and was a semifinalist in DePaul’s New Venture Business Challenge. He was admitted to the practice law in New York in February, 2008 and was admitted to practice before the U.S. Patent and Trademark Office in May, 2008. Mr. Mehall received a Bachelors of Science in biological engineering, with a biomedical emphasis, from the University of Missouri-Columbia in 2003.
Managing Attorney, Rogitz & Associates
John M. Rogitz is an IAM 300 World-Leading IP Strategist and second-generation patent attorney that currently serves as Managing Attorney at Rogitz & Associates. He is also a member of the IPWatchdog Advisory Committee and an adjunct professor at Trinity Law School. In addition, John recently served on the Executive Committee of the IP Section of the California Lawyers Association (2023-2025) and co-founded CLA’s AI Interest Group.
As Managing Attorney at Rogitz & Associates, John manages the firm’s day-to-day operations and many of the firm’s clients. He is a registered patent attorney specializing in patent preparation and prosecution in a range of technologies including artificial intelligence, robotics, autonomous vehicles, extended reality, video games, Internet of things (IoT), blockchain, fintech, rules-based software, computer hardware, medical devices, and other electrical and mechanical inventions. His clients range from startups and independent inventors to Fortune 500 companies. Before joining Rogitz & Associates, John was engaged in civil litigation at the Watkins Firm, a San Diego-based law firm.
John teaches all types of IP at Trinity Law School and has also taught IP at the undergraduate level. He writes for IPWatchdog, America’s leading patent law publication, and has also been published by IP Today, IP Magazine, and others. John regularly speaks to trade groups like the National Association of Patent Practitioners and Licensing Executives Society. Prior to practicing law, John worked in industry as a web developer.
John received his J.D. in 2009 from California Western School of Law, where he was selected for the Dean’s List and served as President of the Student Intellectual Property Law Association. John studied physics at Loyola Marymount University where, among other activities, he wrote for the school newspaper and participated in various philanthropic endeavors.
Managing Partner, Brown Wegner LLP
Mr. Brown leads a law firm in California focused on trials and appeals in intellectual property and other complex commercial disputes. Previously, he practiced for more than a decade in the Intellectual Property Group at Jones Day, was an Adjunct Professor at Chapman University School of Law, and served a judicial law clerk to a federal district judge in Los Angeles. Mr. Brown has been named a Southern California Super Lawyer for ten years, was listed among the Top 50 Lawyers in Orange County several years. He is a Master in the Howard T. Markey Intellectual Property American Inn of Court.
Education
Andrew A. Hufford is an Intellectual Property attorney with Brinks Gilson & Lione. His practice emphasizes US and global patent prosecution in biopharma, chemistry, and plant genetics. He also has significant experience in patent and trade secret litigation, inter-partes review, and patent due diligence. Mr. Hufford is the Vice Chair of the Utah State Bar Intellectual Property Section; a founding member of the David K. Winder IP Inns of Court; and an active member of the American Bar Association’s IP Law Section.
Mr. Hufford was a Professor of Biology before practicing law. He holds a Bachelor of Science (Cum Laude, Phi Beta Kappa) and Master of Science in Biochemistry, and spent several years conducting clinical pharmacology research. He earned his J.D. from the University of Houston, where he was an Articles Editor with the Houston Journal of Health Law and Policy and a member of the Moot Court and Mock Trial teams.
Clinical Professor and Senior Scholar and Senior Fellow for Copyright Research and Policy of C-IP2, Antonin Scalia Law School, George Mason University
Sandra Aistars is Senior Fellow for Copyright Research and Policy and a Senior Scholar at the Center for Intellectual Property x Innovation Policy (C-IP2). She also leads the law school’s Arts & Entertainment Advocacy Program. Professor Aistars has over twenty years of advocacy experience on behalf of copyright and other intellectual property owners. She has served on trade missions and been an industry advisor to the Department of Commerce on intellectual property implications for international trade negotiations; worked on legislative and regulatory matters worldwide; frequently testified before Congress and federal agencies regarding intellectual property matters; chaired cross-industry coalitions and technology standards efforts; and is regularly tapped by government agencies to lecture in U.S. government-sponsored study tours for visiting legislators, judges, prosecutors, and regulators.
Immediately prior to joining Scalia Law, Professor Aistars was the Chief Executive Officer of the Copyright Alliance – a nonprofit, public interest organization that represents the interests of artists and creators across the creative spectrum. While at Scalia Law, she continues to collaborate with the Copyright Alliance as a member of its Academic Advisory Board. Professor Aistars currently serves on the boards of the Washington Area Lawyers for the Arts (WALA) and the Howard Intellectual Property Program (HIPP), and she has previously served as trustee of the Copyright Society of the USA (CSUSA). Professor Aistars has also previously served as Vice President and Associate General Counsel at Time Warner Inc. She began her legal career in private practice at Weil, Gotshal and Manges LLP.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.