March 13, 2015 | Washington, D.C.
LeadershIP 2015 took advantage of the timely opportunity to emphasize informed policy-making, and to examine the issues driving patent reform from an empirical perspective.
The fast evolving technologies in the ICT industry have provided a backdrop for the public debate of a handful of issues, namely: whether there are too many patents, do patents create non-navigable “thickets”, do these thickets cause a “hold-up” problem for new innovators and implementers, do royalties that must be paid for multiple patented technologies in a single product sum together to form a harmful “royalty stack”, how should “reasonable” licensing terms and damages for patents be defined, etc. In many cases, these issues have been debated theoretically, with little or no empirical evidence from which to draw conclusions.
The program included talks and panel discussions on the current state of IP policy concerning patent litigation trends, the role of patent intermediaries, software patents, and standard essential patents in the research community, regulatory agencies, and the U.S. Congress.
|8:30 AM||Breakfast & Registration|
|8:45 AM – 9:00 AM||
Welcome address by Don Rosenberg Executive Vice President and
|9:00 AM – 9:30 AM||Opening remarks and “The Great Patent Debate: Changing Horizons”
David Kappos, Partner, Cravath, Swaine & Moore and Former Director,
United States Patent and Trademark Office
|9:30 AM – 10:45 AM||Panel on “Patent Litigation Trends and Impacts of Potential Reforms”
Zorina Khan, Professor and Chair, Department of Economics, Bowdoin College
Adam Mossoff, Professor of Law, George Mason University
Daniel Spulber, Professor of International Business and Management Strategy, Kellogg School of Management, Northwestern University
Michael Meurer, Professor of Law, Boston University School of Law
Richard Taffet, Partner, Morgan, Lewis & Bockius LLP
|10:45 AM – 11:00 AM||Break|
|11:00 AM – 12:15PM||
Panel on “The Role of Patent Intermediaries in the Marketplace”
|12:15 PM – 1:30 PM||Lunch|
|1:30 PM – 2:45 PM||Panel on “Intersection between IP & Antitrust, Standards & SEPs”
Joseph Kattan, Partner, Gibson, Dunn & Crutcher
James F. Rill, Senior Counsel, Baker Botts LLP and
Former Assistant Attorney General, U.S. Department of Justice’s Antitrust Division
David Teece, Tusher Professor of Global Business at the Haas School of Business, University of California, Berkeley and Director of the Institute for Business Innovation
Joshua Wright, Commissioner, Federal Trade Commission
Roger Brooks, Partner, Cravath, Swaine & Moore LLP
|2:45 PM – 3:00 PM||Break|
|3:00 PM – 4:15 PM||
Roundtable on “International Landscape – The Future Coexistence of IP and Antitrust”
|4:15 PM – 4:45 PM||Closing Remarks on “The current state of affairs in patent policy,
upcoming challenges, and the role of empirical analyses in policy making”
Hon. Judge Paul Michel, Former Chief Judge of the U.S. Court of Appeals for the Federal Circuit
|5:00 PM – 6:00 PM||Cocktail Hour|
Roger G. Brooks is a partner in the Litigation Department of Cravath, Swaine & Moore LLP. His practice covers a wide range of courtroom litigation for technologically intensive companies,...
Roger G. Brooks is a partner in the Litigation Department of Cravath, Swaine & Moore LLP. His practice covers a wide range of courtroom litigation for technologically intensive companies, including disputes concerning patents, licensing, trade secrets and technology related antitrust claims. Mr. Brooks has successfully defended the world’s preeminent cellular technology company, Qualcomm Inc., against patent claims directed against GPS functionality in cellular phones and in a licensing dispute against Nokia that resulted in a multibillion-dollar settlement payment to Qualcomm. He recently secured a trial victory for Mylan Inc. in a Paragraph IV pharmaceutical patent infringement case against Teva and won a separate appeal before the Federal Circuit concerning the validity of pharmaceutical composition patents. Mr. Brooks also secured a successful settlement of patent infringement litigation on behalf of Alarm.com Incorporated concerning interactive home security systems.
Mr. Brooks has published extensively on Standards-Setting Organizations and FRAND licensing, including “SSO Rules, Standardization, and SEP Licensing: Economic Questions from the Trenches,” in the Journal of Competition Law and Economics (2013) and a co-authored chapter, “Taking Contracts Seriously: The Meaning of the Voluntary Commitment to License Essential Patents on ‘Fair and Reasonable’ Terms,” in Intellectual Property and Competition Law: New Frontiers, published by Oxford University Press. Mr. Brooks has been recognized by Chambers USA and Benchmark Litigation as one of the leading practitioners in the intellectual property arena and by The Legal 500 for his work in trade secrets and patent litigation matters.
Stephen Haber is the A.A. and Jeanne Welch Milligan Professor in the School of Humanities and Sciences at Stanford University. In addition, he is Professor of Political Science, of History,...
John Haynes is partner in the Atlanta office of Alston & Bird LLP who counsels clients in all aspect of intellectual property law. His practice focuses on patent litigation involving complex...
Renata B. Hesse is Principal Deputy Assistant Attorney General at the U.S. Department of Justice’s Antitrust Division. From November 16, 2012, until the confirmation of Assistant Attorney General...
David J. Kappos is a partner at Cravath. He is a leader in the field of intellectual property, including IP management and strategy, the development of global IP norms, laws and practices as well...
David J. Kappos is a partner at Cravath. He is a leader in the field of intellectual property, including IP management and strategy, the development of global IP norms, laws and practices as well as commercialization and enforcement of innovation-based assets.From 2009 to 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO). In that role, he advised the President, Secretary of Commerce and the Administration on IP policy matters. Mr. Kappos led the Agency in dramatically reengineering its entire management and operational systems and its engagement with the global innovation community. He was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the Leahy-Smith America Invents Act, signed into law by President Obama in September 2011.
Prior to leading the USPTO, Mr. Kappos held several executive posts in the legal department of IBM, the world’s largest patent holder. From 2003 to 2009, he served as the company’s Vice President and Assistant General Counsel for Intellectual Property. In that capacity, he managed global intellectual property activities for IBM, including all aspects of patent, trademark, copyright and trade secret protection. During his more than 25 years at IBM, he also served in a variety of other roles including litigation counsel and Asia Pacific IP counsel, where he led all aspects of IP protection, including licensing, transactions support and M&A activity for the Asia/Pacific region.
Joseph Kattan is a partner in Gibson, Dunn & Crutcher’s Washington office. His practice focuses on antitrust litigation, counseling, and enforcement agency matters. Mr. Kattan has shepherded...
Jay P. Kesan, Ph.D., J.D., is Professor and H. Ross & Helen Workman Research Scholar and Director of the Program in Intellectual Property & Technology Law at the University of Illinois at...
Zorina Khan is a W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and Arch W. Shaw Fellow at the Hoover Institution, Stanford University (2014-2015). She is Professor of Economics at...
The Honorable F. Scott Kieff became a Commissioner of the U.S. International Trade Commission on October 18, 2013, after having been nominated by President Obama and confirmed by the Senate. Before...
The Honorable F. Scott Kieff became a Commissioner of the U.S. International Trade Commission on October 18, 2013, after having been nominated by President Obama and confirmed by the Senate. Before swearing in, he took a leave of absence from serving as Fred C. Stevenson Research Professor at the George Washington University Law School in Washington, DC; and resigned from Stanford University’s Hoover Institution, where he was the Ray & Louise Knowles Senior Fellow.
He previously taught at Washington University in Saint Louis, as a Professor in the School of Law with a secondary appointment in the School of Medicine’s Department of Neurological Surgery. He practiced law as a trial lawyer and patent lawyer with law firms in New York and Chicago and served as a Law Clerk to U.S. Circuit Judge Giles S. Rich. While an academic, he regularly served as a testifying and consulting expert, mediator, and arbitrator.
He studied law at Penn and biology and economics at MIT. He was recognized as one of the nation’s “Top 50 under 45” by the magazine IP Law & Business in 2008, and was inducted as a Member of the European Academy of Sciences and Arts in 2012.
Terrell McSweeny was sworn in as a Commissioner of the Federal Trade Commission on April 28, 2014, to a term that expires on September 25, 2017. Prior to joining the Commission, McSweeny served as...
Judge Michel served for more than 22 years on the Federal Circuit, retiring on May 31, 2010. From December 25, 2004 until his retirement, he also discharged the duties of Chief Judge of this...
Judge Michel served for more than 22 years on the Federal Circuit, retiring on May 31, 2010. From December 25, 2004 until his retirement, he also discharged the duties of Chief Judge of this national court, serving simultaneously on the U.S. Judicial Conference -- the Judiciary's governing body -- and by appointment of the Chief Justice on its seven-judge Executive Committee.
He judged several thousand appeals and authored more than 800 opinions, one third concerning intellectual property law. Intellectual Asset Management magazine inducted him into its Hall of Fame and he was designated one of the 50 most influential leaders in intellectual property law in the world. His contributions were also recognized by lifetime achievement and similar awards by the American Intellectual Property Law Association (AIPLA); Intellectual Property Owners Education Foundation (IPO); the American Bar Association's Intellectual Property Section; Managing Intellectual Property magazine; the Sedona Conference; the Patent and Trademark Office Society (PTOS); the New York, Chicago, Philadelphia, and Los Angeles Intellectual Property Law Associations; and the William C. Connor, the Giles S. Rich, and the Richard Linn Intellectual Property American Inns of Court. In 2010 the Los Angeles IP Inn was renamed in his honor as the Paul R. Michel IP Inn.
Judge Michel received the Jefferson Medal, the Eli Whitney Award, and the Katz-Kiley Prize as well as Honorary Doctor of Law degrees from the Catholic University of America and the John Marshall Law School. He is a lifetime Member of Honore of FICPI, the international association of private practitioners of intellectual property law. Williams College granted him the Kellogg Award for "outstanding leadership in law and public service."
Judge Michel has written numerous articles on patent law and advocacy, taught related courses and master classes at George Washington University, the University of Akron, and John Marshall law schools, serving as well on their IP advisory boards and on counterpart boards at the universities of California (Berkley), Washington, and Maryland. He co-authored a casebook, Patent Litigation and Strategy (West, 1999) and an August 2010 editorial in the New York Times on strengthening the patent system to promote prosperity and create new jobs.
A frequent speaker at conferences and law schools during his judicial tenure and since, he retired from a lifetime appointment to be free to speak out on the national need for better patent policy and protection of intellectual property and the vital, unmet resource needs of the courts, the PTO, the International Trade Commission, and other IP-related agencies. He was appointed Distinguished Scholar in Residence by IPO, following his retirement. Judge Michel also consults for law firms and their clients in intellectual property litigations, conducting moot courts, mock trials, case evaluations, editing briefs, advising on strategy and providing mediation and arbitration services.
Adam Mossoff is Professor of Law at George Mason University School of Law, and is a Senior Scholar at the Center for the Protection of Intellectual Property at George Mason, which he co-founded in...
Maureen K. Ohlhausen was sworn in as a Commissioner of the Federal Trade Commission in April 4, 2012. Prior to joining the Commission, Ohlhausen was a partner at Wilkinson Barker Knauer, LLP, where...
James F. Rill is Senior Counsel at Baker Botts LLP and one of America’s foremost antitrust lawyers. He is actively engaged in representation of firms involved in merger and unilateral conduct...
James F. Rill is Senior Counsel at Baker Botts LLP and one of America’s foremost antitrust lawyers. He is actively engaged in representation of firms involved in merger and unilateral conduct activities before U.S. and foreign antitrust agencies. Mr. Rill served as Assistant Attorney General in charge of the U.S. Department of Justice’s Antitrust Division and as Chair of the ABA's Section of Antitrust Law. During his tenure as Assistant Attorney General, he negotiated the U.S.-European Union Antitrust Cooperation Agreement of 1991 and issued the first joint FTC and DOJ Horizontal Merger Guidelines in 1992. In 1997, Mr. Rill was appointed by Attorney General Janet Reno and Assistant Attorney General Joel Klein as Co-Chair of the Justice Department’s International Competition Policy Advisory Committee, with a mandate to recommend future international antitrust policy initiatives. The recommendations in the Committee’s report, submitted in February 2000, are being pursued in the U.S. and overseas. Foremost among these recommendations was the proposal to create a global competition forum that would serve as a mechanism for government competition authorities throughout the world to meet and confer on antitrust issues, which served as the stimulus for what became the International Competition Network (ICN).
Mr. Rill was Chairman of the BIAC representation to the OECD Competition Committee from 2005-2007 and Vice-Chairman from 1993-2005. He was Vice-Chairman of the Competition Committee of the United States Council for International Business from 1993-2014. Mr. Rill currently serves on the ABA Section of Antitrust Law International Task Force. He was honored in 2011 by the Global Competition Review and the ABA Section of Antitrust Law with their Lifetime Achievement Awards. In 2012, the U.S. Department of Justice presented Mr. Rill with the John Sherman Award.
Donald J. Rosenberg is executive vice president, general counsel and corporate secretary of Qualcomm Incorporated. Mr. Rosenberg reports directly to CEO Steve Mollenkopf and is a member of the...
Daniel F. Spulber is the Elinor Hobbs Distinguished Professor of International Business and Professor of Strategy at the Kellogg School of Management, Northwestern University, where he has taught...
Daniel F. Spulber is the Elinor Hobbs Distinguished Professor of International Business and Professor of Strategy at the Kellogg School of Management, Northwestern University, where he has taught since 1990. He is also Professor of Law at the Northwestern University Law School (Courtesy). Spulber is the research director for the Searle Center on Law, Regulation and Economic Growth. He served as the founding director of Kellogg’s International Business & Markets Program. Spulber is the founding editor of the Journal of Economics & Management Strategy published by Wiley-Blackwell Publishing. Spulber is the author of 13 books including The Innovative Entrepreneur, 2014, Cambridge University Press. His research is in the areas of innovation economics, entrepreneurship, international economics, industrial organization, microeconomic theory, management strategy, and law.
Richard Taffet is a senior member of Morgan Lewis’ antitrust, intellectual property and litigation groups. He is a recognized thought leader on issues involving the intersection of antitrust,...
David Teece is the Tusher Professor of Global Business at the Haas School of Business, University of California, Berkeley and Director of the Tusher Center for Intellectual. He received his...
David Teece is the Tusher Professor of Global Business at the Haas School of Business, University of California, Berkeley and Director of the Tusher Center for Intellectual. He received his BA and MComm (Hons1) at the University of Canterbury and his Ph.D. in economics from the Wharton School at the University of Pennsylvania. He teaches at the MBA, Ph.D. and executive levels. He is also Chairman of Berkeley Research Group, a global expert services and consulting firm which has grown in seven years to over 1200 employees and over 40 offices worldwide.
Teece is one of the top 10 most cited scholars in innovation management and policy. He has authored over 23 books and his work has been translated in Chinese, Spanish, French, Italian, Russian and Japanese. He has honorary doctorates from 8 universities outside the U.S. Dr. Teece was recognized by Accenture in 2002 as one of the top 50 Living Business Intellectuals. He has received best paper awards three times and in 2009 received the Best Book Award from Strategy and Business. In 2013 he has received the Sumatra Ghoshal Award for Rigour and Relevance in the Study of Management (from the London Business School) and the Eminent Scholar Award from the Academy of International Business and he received Royal Honours.
Catherine Tucker is the Mark Hyman Jr. Career Development Professor and Associate Professor of Management Science at MIT Sloan. Her research interests lie in how technology allows firms to use...
Christine A. Varney is a partner at Cravath, Swaine & Moore and chairs the Firm’s Antitrust practice. She is widely recognized as one of the leading antitrust lawyers in the United States in...
Joshua D. Wright, a Professor at George Mason University School of Law, served as Commissioner of the Federal Trade Commission from 2013 – 2015, following his nomination by President Obama and...
Joshua D. Wright, a Professor at George Mason University School of Law, served as Commissioner of the Federal Trade Commission from 2013 – 2015, following his nomination by President Obama and unanimous confirmation by the U.S. Senate. Wright rejoined George Mason University as a full-time member of the faculty in Fall 2015, with a courtesy appointment in the Department of Economics, and is the Executive Director of the Global Antitrust Institute. In addition to his current position at George Mason, Wright is Senior Of Counsel at Wilson Sonsini Goodrich & Rosati, where he is a member of its antitrust practice.
Professor Wright is a leading scholar in antitrust law, economics, intellectual property, and consumer protection, and has published more than 80 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Professor Wright's teaching and research interests include Antitrust, Law and Economics, the intersection of Intellectual Property and Antitrust, Regulation, Quantitative Methods, and Contracts.
Wright previously served the Commission in the Bureau of Competition as its inaugural Scholar-in-Residence from 2007 to 2008, where he focused on enforcement matters and competition policy. Wright’s return to the FTC as a Commissioner marked his fourth stint at the agency, after having served as an intern in both the Bureau of Economics and Bureau of Competition in 1997 and 1998, respectively.
Wright received his J.D. from UCLA in 2002, his Ph.D. in economics from UCLA in 2003, and graduated with honors from the University of California, San Diego in 1998. He is a member of the California Bar.
“Genius is 1% inspiration, 99% perspiration.”