September 10, 2020 | Innovation Policy and the Role of Standards, IP, and Antitrust
The interagency panel featured NIST Director Dr. Walter Copan, USPTO Director Andrei Iancu, and DOJ Antitrust Division’s AAG Makan Delrahim, and was moderated by former USPTO Director David Kappos. Each provided remarks on the major shifts in the IP and specifically the SEP/FRAND policy debate, tying the common themes across the joint USPTO-DOJ-NIST statement published in Dec 2019, recent international cases including Unwired Planet v. Huawei (UK) & Sisvel v. Haier (Germany), the FTC v. Qualcomm 9th circuit decision, and the update to the DOJ IEEE BRL released on September 10th.
Panel Topic: Innovation Policy and the Role of Standards, IP, and Antitrust
The esteemed panel discussed the role of IP, Antitrust, and Standards policies towards a broader innovation policy framework, highlight recent developments such as the Joint PTO-DOJ-NIST Policy Statement on Remedies for Standards Essential Patents (SEPs), and explore other potential initiatives.
The Honorable Andrei Iancu, Undersecretary of Commerce for Intellectual Property and Director, US Patent Trademark Office (USPTO)
The Honorable Makan Delrahim Assistant Attorney General, US Department of Justice (USDOJ), Antitrust Division
The Honorable Walter Copan, Under Secretary of Commerce for Standards and Technology and Director, National Institute of Standards and Technology (NIST)
David J. Kappos, Partner, Cravath Swaine & Moore LLP, Former Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO)
Day & Time: Thursday, September 10th, 2020 at 10:00am PST/ 1:00pm EST
In his role as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), Andrei Iancu provides leadership and oversight to one...
In his role as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), Andrei Iancu provides leadership and oversight to one of the largest intellectual property offices in the world, with more than 12,000 employees and an annual budget of over $3 billion. He also serves as the principal advisor to the President, through the Secretary of Commerce, on domestic and international intellectual property policy matters.
Prior to joining the USPTO, Mr. Iancu was the Managing Partner at Irell & Manella LLP, where his practice focused on intellectual property litigation. Mr. Iancu appeared in a variety of high-profile matters in front of the USPTO, U.S. district courts, the Court of Appeals for the Federal Circuit, and the U.S. International Trade Commission. He has represented clients across the technical and scientific spectra, including those associated with medical devices, genetic testing, therapeutics, the Internet, telephony, TV broadcasting, video game systems and computer peripherals.
Mr. Iancu has also taught patent law at the UCLA School of Law, and has written and spoken publicly on a variety of intellectual property issues. Prior to his legal career, Mr. Iancu was an engineer at Hughes Aircraft Company.
Throughout his career, many organizations have recognized Mr. Iancu for his work. Among his legal community accolades, the Daily Journal, California Lawyer magazine, Los Angeles Business Journal, Chambers USA, Best Lawyers in America, and many others have acknowledged his expertise in commercial litigation and intellectual property law. Mr. Iancu has also been the recipient of the Patent and Trademark Office Society 36th Annual Rossman Award, the Hughes Aircraft Malcolm R. Currie Innovation Award, and the Melville B. Nimmer Copyright Award. Mr. Iancu holds a J.D. from the UCLA School of Law. He also has a M.S. in Mechanical Engineering and a B.S. in Aerospace Engineering, both from UCLA. Mr. Iancu was born in Bucharest, Romania. He has lived in the United States since the age of 12. He and his wife Dr. Luiza C. Iancu have two children, Ariella and Robert.
Makan Delrahim was confirmed on September 27, 2017, as Assistant Attorney General for the Antitrust Division. Mr. Delrahim previously served as Deputy Assistant to the President and...
Makan Delrahim was confirmed on September 27, 2017, as Assistant Attorney General for the Antitrust Division. Mr. Delrahim previously served as Deputy Assistant to the President and Deputy White House Counsel. Mr. Delrahim’s rich antitrust background covers the full range of industries, issues, and institutions touched upon by the work of the Antitrust Division. He is a former partner in the Los Angeles office of a national law firm. He served in the Antitrust Division from 2003 to 2005 as a Deputy Assistant Attorney General, overseeing the Appellate, Foreign Commerce, and Legal Policy sections. During that time, he played an integral role in building the Antitrust Division’s engagement with its international counterparts and was involved in civil and criminal matters. He has served on the Attorney General’s Task Force on Intellectual Property and as Chairman of the Merger Working Group of the International Competition Network. Mr. Delrahim was also as a Commissioner on the Antitrust Modernization Commission from 2004 to 2007. Earlier in his career, Mr. Delrahim served as antitrust counsel, and later as the Staff Director and Chief Counsel of the U.S. Senate Judiciary Committee.
Dr. Walter G. Copan was confirmed by Congress as Under Secretary of Commerce for Standards and Technology and NIST Director on October 5, 2017. ...
Dr. Walter G. Copan was confirmed by Congress as Under Secretary of Commerce for Standards and Technology and NIST Director on October 5, 2017.
As NIST Director, Dr. Copan provides high-level oversight and direction for NIST.
He has had a distinguished and diverse career as a science and technology executive in large and small corporations, U.S. government, nonprofit and other public-sector settings.
Dr. Copan formerly served as president and CEO of the IP Engineering Group Corporation, providing services in intellectual property strategy, technology commercialization and innovation. Until June 2017, he was founding CEO and chairman of Impact Engineered Wood Corporation, an advanced materials technology company. He also is a founding board member of Rocky Mountain Innovation Partners, where he led technology transfer programs and innovation services on behalf of the U.S. Air Force Academy, U.S. federal labs and academic institutions and helped foster entrepreneurial businesses in the Rocky Mountain West. He also served with the National Advisory Council to the Federal Laboratory Consortium for more than 5 years, providing industry inputs to advance the U.S. economic impacts of the federal laboratory system.
From 2010–2013, Dr. Copan served as managing director of Technology Commercialization and Partnerships at DOE's Brookhaven National Laboratory (BNL). Among his accomplishments were leading the creation and implementation of the new DOE technology transfer mechanism, “Agreement for Commercializing Technology” (ACT), to facilitate collaborations between the federal labs and U.S. corporations. He led the “Startup America” initiative on behalf of DOE for entrepreneurial business creation, and he initiated the DOE’s new Small Business Innovation Research – Technology Transfer (SBIR-TT) program, which built upon the experiences of NIST. He served as founding partner and board member of the “Accelerate Long Island” alliance for innovation, economic development and early stage investment.
From 2005–2010, Dr. Copan was executive vice president and chief technology officer at Clean Diesel Technologies, Inc., an international technology development and licensing firm. He spearheaded the company’s transformation, growth and listing on NASDAQ (CDTI), as well as the company’s subsequent merger. Prior to joining CDTI, Dr. Copan served at the DOE’s National Renewable Energy Laboratory (NREL) as Principal Licensing Executive, Technology Transfer. There, he led organizational changes that strengthened relationships with industry and the investment community, and led to the more productive commercialization of energy-related technologies.
After earning dual B.S./B.A. degrees in chemistry and music from Case Western Reserve University in 1975, Dr. Copan began his career in chemicals and materials research at the Lubrizol Corporation (now part of the Berkshire Hathaway Group). He earned a Ph.D. in physical chemistry from Case Western in 1982, and subsequently held leadership positions at Lubrizol in research and development, strategy, business unit management, venture capital, and mergers, acquisitions and strategic alliances in the U.S. and abroad. As managing director, Technology Transfer and Licensing, from 1999–2003, he was responsible for Lubrizol’s corporate venturing and open innovation, technology strategy, business development, intellectual assets and the technology licensing business.
Dr. Copan is a patent holder, has authored numerous professional publications and presentations, and has served on the boards of many organizations, including the Licensing Executives Society (LES) USA and Canada, where he recently served as regional vice president for LES USA. He has contributed to the U.S. National Academy of Sciences, the Council on Competitiveness, the World Intellectual Property Organization and the United Nations on innovation, technology transfer, energy and economic development matters.
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.