Lucky or good? David Jones’ executive directorship of the High-Tech Inventors Alliance (HTIA), which advocates patent policy issues on behalf of some of the world’s largest technology companies, has helped shape the American patent system. suggests that it is both. However, he is too humble and strategically smart to trust or accept the premise of the question.
“Thank you for telling me that I was on a winning streak. Not at all. To me, I feel like I’ve scratched the road a little closer to neutral,” Jones said in the latest episode of Clause 8. .
Still, after observing that streak, it’s hard not to come to that conclusion: Efforts to pass Section 101 reform have failed to gain momentum in Congress. Regressed efforts to limit the role of the Patent Trial Board (PTAB). Also, unprecedented lobbying prompted the Chief Justice of the West Texas District to randomly reassign new patent cases filed in Judge Alan Albright’s division. These are all achievements supported by his HTIA members.
These victories were far from certain when Jones first took charge of HTIA in 2019. I first interviewed him for an article published shortly after, and wrote in the preface:
“later [2018] In the midterm elections, Sen. Thom Tillis and Sen. Chris Coons, two of the Senate’s biggest proponents of patent enforcement, were named leaders of the reconstituted Senate Intellectual Property Judiciary Subcommittee. And Rep. Doug Collins, a longtime proponent of patent enforcement, replaced Goodlatte as the Republican head of the House Judiciary Committee. is considering legislation to reverse the effects of patents. Alice By clarifying 35 U.S.C. 101. At a legislative hearing, Tillis said “Big Tech” companies had been invited to testify but had individually chosen not to do so.
And it was just Congress. The generally pro-patent approach in the previous administrations of Justice Department Makan Delrahim and U.S. Patent and Trademark Office Andrei Iancu has seen a broader response in Washington, D.C., against the “patent troll” narrative driving patent policy. hinted at a change of direction.
At the time, Jones admitted he was “a little surprised at how much the conversation had changed, and perhaps some attitudes,” but expressed prescient skepticism about the broader notion of diversion. .
That said, I think it’s unclear what people actually believe [anyone] Except for a handful of players actively working on patent issues. At this point, we probably have a pretty good idea of the views of the Intellectual Property Subcommittee leaders, USPTO directors, and the few members of Congress who have been vocal on these issues. Clearly, this group’s position is a bit different from previous Patent Commissioners and members of previous Congress who were most active on patent issues. But we haven’t seen much beyond this relatively small group, so how much do their views say about how Congress as a whole or the administration as a whole thinks about patents? I don’t know if there are.
it might explain Partially Why, during that first interview, Jones was “in a good mood…not what you’d expect from a representative of a group that seems to be backing down on patent issues.” It was just part of the wonderful nature of love, which I felt could only be fully captured in audio form. I started working to become a guest. Since then, I have worked on intellectual property policy issues and have spoken to many congressional staffers who always light up when I bring up David Jones. Even if their boss’s goals weren’t aligned with Jones’ vision, they seemed genuinely grateful that his job gave them the chance to interact with someone like him.
After the 2022 midterm elections, I finally got the chance to interview Jones on Section 8. He definitely won’t disappoint. What I Learned Working Under Senator Orin Hatch (Including How He Coincidentally Was Hired To Work On Intellectual Property Rights) It features a wide range of very entertaining conversations about . Hatch by previous Article 8 guest Makan Delrahim), and how complex internal dynamics shape public positions on patent issues. Prior to leading HTIA, Jones served as Assistant General Counsel for IP Policy at his Microsoft. Jones is able to draw on his experience to provide valuable and often surprising insight into how patent policy is generally shaped.
As for what to expect in the future, Jones said: . . In my opinion [HTIA is] Probably roughly for a few years at least. But he doesn’t expect Congress to do much:
“I think most of the action over the next two to four years will be in the administration, mostly in the PTO and the courts. I think those are where change is more readily available.”
No matter what happens in DC, David Jones will keep the spirits up on patent issues.
What was it like to work at Senator Hatch:
“They knew I wouldn’t recommend what they were asking for, so it was a great idea to go around me. It also backfired.”
“When you look at what is associated with success, there are probably three qualities: tenacity, a bit of cockiness, a willingness to march and ask questions, in sometimes uncomfortable conversations. He was a very loyal person, so one of his friends, a true friend, came up to him and said, “I need this, can you help me?” cod. He is a very helpful person. ”
What makes lobbyists effective:
“When I was at The Hill, the lobbyists I wanted to work with were the ones who told me the truth and knew what they were talking about. That was basically it. I didn’t ask for anything more than that, I just wanted to understand the problem, to understand their position, and I didn’t want them to lie to me. You’d be surprised how many people make the mistake of lying like an idiot.”
“I remember Phil Johnson. I think he was the chief patent litigator for Johnson & Johnson at the time. and I remember saying, “Phil, you trust me to tell you the truth in private, don’t you?” I want you to sit in this room. No one has seen this bill outside of this office. I would like you to read it. And Senator Hatch will come and tell you about it. A trusted advisor will give you that. ”
HTIA’s unique voice:
“One of the unique things about HTIA is that it is basically an entity governed by the Chief IP Counsel of these various companies.”
Departments within the company for patent matters:
“There is an interesting dichotomy within companies. If you are talking to a patent litigator, their time horizon is around one to two years. What do you need today to win the case in front of you? And that’s their focus, if you’re talking to people in the patent group, if you’re talking to the IP chief counsel and executives, they’ve got a much longer view. We’re looking 20 years ahead for patents, and much more for copyrights, so it depends a lot on the part of the company you’re talking about.”
“[Being in-house] The fact that there are very different interests within the company made me sensitive. And I sometimes think that what is perceived like an evolution or a company’s view is partly a change within the company of who’s talking and who’s more involved in policy. ”
HTIA Members’ Approach to Patents and Use of “Waste Assets”:
“In fact, most of my members believe that patents, at least at the international level, [fundamentally] Drive innovation. So patents are important. They are not going to save your market position. they are not. So you have a lot of money invested in… wasting assets, and you will always be wondering how best to use them today. Are you out of license? Is it asserting against my direct competitor? Selling the patent to someone else? Do you ever come up with interesting types of license agreements that will benefit your customers? There is always a goal and every IP group has a question: ‘How are we going to use this wasteful asset instead of leaving it alone? ‘ is the goal deep in my heart. ”
Biden Administration Decision Supporting COVID-19 IP Abandonment
“I was amazed at how clear and strong they were in that direction. Because when I was in the Senate, it was unimaginable that the United States would go out to the international community and say they would waive their rights. is.”
Senator Leahy’s impact on the USPTO over the past two years:
“Let’s start with the most cynical and vulgar reason: Senator Leahy is the chairman of the Appropriations Committee. You want money for the federal government? Probably best not to upset Senator Leahy. But Honestly no agency wants to upset members of parliament so it’s not just about the money issue members of parliament can make life very uncomfortable [the USPTO] directed by. They can call oversight hearings, summon oversight to the Hill, and yell at them with very uncomfortable questions. ”
