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Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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While certain sectors of the entertainment industry, especially those involving live events, were hit hard by COVID-19, podcasting has amidst the pandemic. As lockdown measures increased and walks around the block became the most exciting part of my day, I too hopped on the podcast bandwagon. Here are my top ten IP-related podcast picks (in alphabetical order):��

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The IP law blog, published by and hosted by intellectual property attorneys Scott Hervey and Josh Escovedo, delves into IP issues in the news. I loved this episode on celebrities being sued for posting images of themselves because it does an excellent job of exploring the IP law basis for this phenomenon.

Brand & New is a podcast by the . In this episode, host Audrey Dauvet talks to Harvard Law School’s Rebecca Tushnet about the impact of social and racial justice movements on owners of offensive trademarks. In particular, I enjoyed their conversation about the possibility of minority-owned brands reclaiming and trademarking offensive words or stereotypes.

This podcast series will definitely appeal to a more niche audience. It is hosted by Cesie and Angela, two practicing attorneys and reality television fans. They examine and discuss the lawsuits and legal disputes of reality television personalities. Although I do not follow The Real Housewives, I still found this episode incredibly entertaining and informative.��

For anybody interested in both IP law and the cannabis industry, host Jenn Procacci and patent attorney and plant scientist Dr. Dale Hunt delve into IP protection for cannabis breeders.��

This super fun podcast series, hosted by intellectual property attorneys Michael Snyder and Joseph Gushue, explores elements of intellectual property law referenced in popular movies, television, and songs. My favourite episode is Jurassic Patents, where Volpe Koenig attorney and Ph.D. Douglas Bucklin joins the hosts to discuss the Jurassic Park movies: how realistic they are, how IP law treats DNA, and how close we are to bringing back dinosaurs.

In this episode, Dario de Martino, Joyce Liou, and Paul Goldstein of break down all things non-fungible tokens (NFTs) and IP. Despite its short runtime, this episode touches on many interesting ways IP law can apply to the NFT space and is especially important as the NFT market continues to grow.

Innovation Talks is an IP podcast created by for small and mid-size enterprises. In this episode, Rebecca Dobson and Steve Waine provide interesting advice, stories, and hypotheticals involving the intersection of IP rights and social media.��

Since designed the Progress Pride Flag in 2018, its use appears to be steadily increasing. This past pride month, I saw it everywhere. This episode offers a fascinating glimpse into Quasar’s process of designing the flag and the aftermath of their overnight success. Quasar also discusses their choices regarding exercising control over their IP.

This episode of Intellectual Property Law Podcast Series features attorneys Isi Caulder and Laurence MacPhie. They discuss the role of AI in healthcare, and specifically in the fight against COVID-19. They examine how IP law applies to AI in healthcare and the ways in which it can both hinder and facilitate progress.

tells her moving story of being a small business owner approached by a larger brand hoping to profit off of her IP. This David and Goliath story is a must-listen in my book and features an important intersectional and historical perspective on IP.

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In 1996, Jim Logan received a for a personal audio device that would allow users to select and download audio tracks for offline enjoyment. Personal Audio eventually launched a service where users could receive cassette tape audio recordings of magazine articles on demand.�� The company has not released a product in 15 years, yet, Personal Audio received a continuing patent in 2012 and was successful in a patent infringement suit against Apple for . Apple appealed the ruling and later settled for an undisclosed amount.

Personal Audio is now going after individual podcasters with against NBC, CBS, ACE Broadcasting and HowStuffWorks.com. Logan says that his company will not go after smaller podcasters, but several individuals, including comedian have reported receiving letters from Personal Audio informing them that their activities infringe Personal Audio’s patent. The activities of Personal Audio have led several critics to label the company as a "patent troll."

Logan sees nothing wrong with allowing a patent holder to come forward and claim infringement on a product that they did not manage to bring to market. His claim is that he put $1.6 million into development and his only remaining asset from the venture is the patent itself. This is part of the allure of the patent - that even when a product is unsuccessful, an individual may still be able to get a return on their investment when another entity wants to licence the patent and "try again." The argument remains that patents provide incentive for innovation through the economic rights related to the intellectual property covered by a patent.

In 2012 Logan obtained a continuation patent��and was able to succeed against Apple.�� This is one angle from which others might attempt to challenge the patent’s validity. Canada takes a restrictive approach to patentability and does not have continuing patents. In my opinion, it is doubtful whether Logan’s original patent would hold up under opposition under the Canadian patent system, as he would not have had the same ability to update it to reflect the ways in which the technology developed. Although purposive��construction of claims��can blur Canadian patent parameters, the lengthy review process makes it less likely for a patent to pass basic threshold tests when challenged in the Federal Court.

Canada also has procedural safeguards in place that would affect how defendants may choose to proceed against a patent troll. Canadian courts are reluctant to award interlocutory injunctions in patent infringement cases, which limits the ability for patent trolls to threaten an injunction to force a settlement at an early stage in the proceedings.

When threatened with patent infringement, alleged infringers have to make a choice - defend against the claim at a substantial financial cost (with no guarantee of "winning") or attempt settling to avoid court costs and an extended time in litigation proceedings. In Canada, a lack of interlocutory injunctions and the possibility of costs awarded to successful defendants provides an incentive to defend against a weak claim.

One suggestion to combat patent trolls has been discussed by Professor Cameron Hutchison of the University of Alberta, who proposed using the concept of�� in property law to deal with companies like Personal Audio. This idea would require patent holders to commercially develop their invention. If a patent holder does not bring their invention to market within a specified time, others could use the defence of "adverse possession" when a patent holder comes forward to claim infringement.�� This may also curb the registration of over-broad patents that are able to encompass future technologies, as is the case with Personal Audio.

This latest string of suits could be the straw that breaks the camel’s back for patent trolls in the United States. ��against Personal Audio for what it calls “a classic example of an over-broad software patent”.�� EFF, along with Harvard’s Cyberlaw Clinic, and few vocal podcasters have put out the call to challenge the validity of the patent and demand legislative reform.

Allison McLean is an IPilogue Editor and a JD Candidate at Osgoode Hall Law School.��

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