IP, Antitrust, and Innovation Policy – Enabling the Fourth Industrial Revolution

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, the 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 chief intellectual property lawyer.  In that capacity, he managed global intellectual property activities for IBM, including all aspects of patent, trademark, copyright and trade secret protection and exploitation.  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.

Judge Paul R Michel served on the U.S. Court of Appeals for the Federal Circuit from March, 1988 through May, 2010 and as its chief judge from December, 2004 to May 31, 2010 when he retired from the judiciary in order to speak freely on the nation’s need for a stronger patent system.  In pursuit of that goal, he has written dozens of articles and numerous amicus briefs for the Federal Circuit, the Ninth Circuit and the Supreme Court.  The articles have been published in both general media and IP media, including the Wall Street Journal,  Newsweek magazine, STAT, Boston Sunday Globe, Fortune, Thompson-Reuters, International Business Times, The Hill, Roll Call, Bloomberg Law, the National Review and IPWatchdog, among many others.  He has co-authored scholarly articles, including for the Berkeley Law School and Business School journals and the Drake University Law Review.  At IP conferences, he is a ubiquitous panelist and a frequent keynote speaker.  He has been called repeatedly to testify before the IP committees in Congress, including on the urgent need to reform the law of eligibility.

Judge Michel also consults for private clients and has conducted scores of mediations, moot courts and arbitrations in patent cases.  In court cases in the UK and Norway and in several international arbitrations, he has testified as an expert witness on U.S. patent law.

Managing Intellectual Property magazine named him one the 50 most influential leaders in intellectual property law in the world and Intellectual Asset Management magazine inducted him into its international Hall of Fame.

He serves on the boards of the IPO Education Foundation and the U.S. IP Alliance.  A graduate of Williams College and the University of Virginia Law School, he was awarded honorary Doctor of Laws degrees by John Marshall Law School and The Catholic University of America.

Previously, he was an assistant Watergate special prosecutor, assistant counsel to the Senate Intelligence Committee, Korea-gate prosecutor, associate deputy attorney general, and chief of staff and counsel to Senator Arlen Specter.

Kathleen M. O’Malley was appointed to the U.S. Court of Appeals for the Federal Circuit by President Barack Obama in 2010.  Prior to her elevation to the Federal Circuit, Judge O’Malley was appointed to the United States District Court for the Northern District of Ohio by President William Clinton in 1994.

Prior to her appointment to the bench, Judge O’Malley served as First Assistant Attorney General, Chief of Staff, and Chief Counsel to the Attorney General for the State of Ohio. Before joining the Attorney General’s Office, Judge O’Malley was in private practice with Jones Day and Porter, Wright, Morris & Arthur, where she focused on complex corporate and intellectual property litigation.

Judge O’Malley began her legal career as a law clerk to the Honorable Nathaniel R. Jones, U.S. Court of Appeals for the Sixth Circuit.  She received her J.D. degree from Case Western Reserve University School of Law in 1982, summa cum laude and Order of the Coif. While there, she served on the Law Review and as President of the National Mock Trial Team.  Judge O’Malley received her A.B. from Kenyon College in 1979 where she graduated magna cum laude, is a Phi Beta Kappa, and she also received an honorary LL.D. from Kenyon in 1995.

For her contributions to the development of IP law, she has received the following honors: the Sedona Conference Lifetime Achievement Award, the New Jersey Intellectual Property Law Association Jefferson Medal, the New York Intellectual Property Law Association Outstanding Public Service Award, and the Intellectual Property Owners Association’s 2020 Distinguished IP Professional Award and was named to the Globe Business Media Group’s IP Hall of Fame.

David J. Teece is an innovation scholar who has studied how markets for know-how and intellectual property function and is well known for a series of papers on capturing value from technology. He coined the term “appropriability regime” and has explored how the appropriability regime impacts business model choices, particularly in relation to technology licensing.

Prof. Teece is the director of the Tusher Initiative for the Management of Intellectual Capital at the University of California, Berkeley’s Haas School of Business. He has authored over 30 books and 200 scholarly papers, and has been cited almost 170,000 times, per Google Scholar.
Dr. Teece has been ranked as the world’s most-cited scholar in the combined field of business and management in an analysis of science-wide author citations published in PLOS Biology, a peer-reviewed journal. He is co-editor of the Palgrave Encyclopedia of Strategic Management.  Dr. Teece has received nine honorary doctorates and has been recognized by Royal Honors.

Deanna Tanner Okun is the managing partner at AMS TRADE LLP. She is an international trade attorney providing legal and strategic international trade policy advice to steer companies through the intersection where innovation confronts barriers, such as intellectual property theft, unfair trade practices, and regulatory hurdles. Her practice involves all aspects of unfair trade litigation and trade remedy advocacy. Her Section 337 work includes all stages of litigation at the U.S. International Trade Commission (ITC) from pre-institution consultation to post-remedy enforcement with Customs and Border Protection. She also represents companies in Title VII antidumping and countervailing duty investigations before the ITC and the Department of Commerce. In 2017, her client secured the first negative preliminary AD/CVD determination in over seven years and her work in trade remedy proceedings on behalf of U.S. companies extends to previously rarely used trade statutes, including Section 201, 232, and 301 investigations. She works closely with contacts in the executive, judicial, and legislative branches of the government to create innovative solutions to her clients’ legal and business challenges.

During her tenure as an ITC Commissioner, Deanna was nominated to be Deputy United States Trade Representative. In 2012, she was named Outstanding Woman of the Year by the Association of Women in International Trade (WIIT). She has served on the Federal Circuit Advisory Council since 2013. In 2019, for the seventh consecutive year, Managing Intellectual Property named Deanna one of the Top 250 Women in IP. She is also on the 2021-2022 USMCA Binational Panel Roster.

Kirti Gupta is a noted economist and expert specializing in global matters related to technology, antitrust, and intellectual property (IP). Dr. Gupta’s diverse expertise spans engineering, product, litigation, and policy issues in the technology sector. She has more than twenty years of experience working at the forefront of technologies, including mobile/wireless telecommunications, cloud computing, artificial intelligence, and semiconductors.

She currently serves as Vice President and Chief Economist of Global Technology at Cornerstone Research, leading their technology, digital economy, and artificial intelligence practice. Before joining Cornerstone Research, Dr. Gupta was a vice president and chief economist at Qualcomm Inc. In this role, she provided economic analysis and strategic guidance on global technology, IP, antitrust, and macroeconomic policy issues in collaboration with business stakeholders and a global network of experts, economists, attorneys, and policymakers. She worked directly on Qualcomm’s strategic IP initiatives, antitrust investigations in various regions around the world, global litigation matters, mergers and acquisitions, and global trade issues.

She is a co-founder and executive director of the IPLeadershIP platform, which convenes timely dialogues on IP and antitrust policy issues on a regular basis. She is also the executive director at the Institute for Business Innovation at the Haas School of Business at University of California, Berkeley, is a co‐inventor of over 40 patents in the field of wireless communications, and has published in various policy, law, and economics journals. Dr. Gupta holds an M.S. in electrical engineering from Purdue University and a Ph.D. in economics from the University of California, San Diego.