BP/G Radio Intellectual Property Podcast

Guest: The Honorable Arthur J. Boylan, U.S. Magistrate Judge

Intellectual property cases are (almost) exclusively the province of federal courts in the U.S. And, in keeping with the complexities of federal court, these cases (especially patent and trade secret) are often a firestorm of obscure technology, massive e-discovery fights and ever-shifting law. IP cases cry out for sensible governance and disposition. Enter the Honorable Arthur J. Boylan, a U.S. Magistrate Judge for the District of Minnesota who likes patent cases. His story is one of transformation – from small-town Minnesota to the big city, from lawyer to judge and from the high-volume of state court to the intricate remedies and practice of federal court. Judge Boylan has an ideal background to bring order and intellect to the wild west of IP litigation.

We were happy to get 30 minutes with Judge Boylan to chat about his personal journey, the differing challenges of state and federal court, the effect of big IP cases on federal courts, how to speak to judges (like they’re human beings), the virtue of patent-specific pretrial schedules, the value of technology tutorials and simpler ways to resolve discovery fights (a phone call).

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Guest: Abel de la Rosa, Ph.D - Pharmasset, Inc.

The headlines tell it all: Pfizer Buys Wyeth for $68B; Roche Acquires Genentech for $46.8B. Big Pharma companies are buying each other and consolidating. What will be the future of smaller pharma and biotech companies? How will innovative start-up ventures survive? Where will new research and development come from? BP-G Radio explores the answers to these questions and more with our guest, Abel De La Rosa, Ph.D. In this episode, Dr. De La Rosa brings his vast experience and knowledge of business, science and intellectual property to discuss some of the Big Pharma deals and how they will affect the future of the industry. He also discusses the plight of the small innovator companies and how they will fare in these difficult economic times.

Dr. De La Rosa is currently Senior Vice President, Business Development & Scientific Affairs at Pharmasset, Inc. (NASDAQ: VRUS) and has been with them since 2002. Our guest has held both scientific and business positions at several pharma and biotech companies. Most notably, while at Visible Genetics Inc. he was responsible for the development, transfer and improvement of products, including TRUGENE HIV-1 v1.0 Genotyping Test(r) and other sequencing-based assays for HCV and HBV. He is an inventor and author on several U.S. patents and publications relating to molecular diagnostic methods and techniques for infectious diseases and cancer.

And he loves what he does (give a listen - we need this kind of enthusiasm).

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A few shows ago, we spoke with popular mystery writer David Fulmer about publishing deals – good ones, bad ones and how to tell the difference. But of course, publishing deals are not something you typically you learn about in your advanced writing seminar in college. There you learn your craft. How to peddle your craft (assuming you have craft) is a different proposition altogether. To sell what you’ve got, you need help – an agent. Preferably one from New York (where all the big publishing houses are). And really, you should get one from Midtown Manhattan.

Of course, agents are like publishing deals – there are good ones and bad ones. Some who will pound the pavement and work the phone to get you a deal. And others who will sign you up – and do nothing. Or, even worse, charge you to read your book and still do nothing (David says: never pay anyone to read your book). You need an agent who is ethical, industrious and focused on your subject matter (children’s, mysteries, travel, etc.) if you want results. So get personal referrals, do meticulous research and interview anyone you are thinking about working with in depth. Oh yeah, the agent should be connected. As in they go to the same bars and cafes the editors go to. Do you know where they go? Better get an agent.

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With the economy in an apparent freefall and the U.S. on the verge of regime change, we figured it was time to lighten things up and talk about …..  Rock and Roll!  So we assembled a panel of folks in the rock business at the Acadia Café in Minneapolis (www.acadiacafe.com) for a spirited discussion on the intersection of music and IP – band brands and domain names, performing rights organizations, Girl Scout sing-alongs, user-generated radio, and BTO covers.  Here’s the panel – and certainly an appropriate group for the presidential transition team:  Keefe Russell – bass player for the Capital Sons (www.capitalsons.com); Justin Grammens – co-founder of internet radio company LocalTone Systems and former drummer of Radio 5 (www.localtoneradio.com); Phil Wilson – co-founder of LocalTone Systems and former program manager at 104.1 Jack FM; and our esteemed host, Ted Lowell, co-owner of the Acadia – purveyor of independent musical sounds and killer beer.  We wanted the Mood Swings too (www.myspace.com/themoodswings), but maybe next time.  So sit back, crack a beverage of choice and listen to this Rock ‘n Roll IP Head Check.

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