Joel focuses his litigation practice on the defense of patent infringement claims and challenges to patent validity as well as disputes over trademarks, copyrights and other intellectual property. A registered patent attorney, he has deep experience in post-grant practice before the Patent Office, particularly contested review conducted in parallel with patent infringement litigation. Joel works closely with trial teams preparing patent portfolios for assertive litigation through rigorous “pre-examination” claim validity review and owner-directed re-examination and correction. He has also represented clients in copyright matters and related questions involving the rights surrounding various methods of copying, storing, reproducing and streaming digital media.
Joel litigates and advises candidates, election officials and members of the public on election law, including ballot access and integrity provisions of federal law. He has extensive experience in voter roll integrity and language minority ballot access provisions of federal election statutes. Joel has investigated and enforced statewide violations of Section 8 of the National Voter Registration Act, and implemented election day polling place observers in primary and general elections in numerous jurisdictions.
Partner, Friedland Cianfrani LLP
Mike has three decades of IP enforcement experience. He has represented clients in more than 270 intellectual property cases in state and federal courts in California and 23 other states and before the Trademark Trials and Appeals Board.
Mike’s practice includes patent, trademark, trade secret, and copyright cases. His cases have spanned a wide range of industries and technologies, including consumer products, semiconductors, tactical products, medical devices, computer software, apparel, restaurants, and financial services. He has represented brand-name companies including Oakley, Luxottica, Tesla, 5.11 Tactical, ITT, Makita, Pacific Life Insurance Company, Carl’s Jr., Microsemi, NASCAR, Daytona International Speedway, Game Show Network, Razor, Volcom, Specialized Bicycle, Mexicana Airlines, and SRS Labs, among others.
Mike was a partner at Knobbe Martens for more than two decades. At Knobbe, Mike served as co-chair of the Litigation Department. He had previously served as co-chair of the Trademark/Brand Protection group and the Consumer Products practice group.
World Trademark Review 1000 has several times named Mike a “Leading Trademark Lawyer." In the 2022 edition, WTR 1000 commended him for his “advanced state of preparedness,” and included a client remark that, “there’s nothing he hasn’t seen.”
In the 2021 edition, WTR described him as a “backbone of [his former firm's] litigation practice,” and noted his ability to litigate “cases associated with all categories of IP rights.”
In the 2020 edition, WTR described him as having been “on the cutting edge of enforcement for three decades.” In that edition, a client said he was “a sophisticated and thoughtful professional who understands how to get things done.”
In 2023, Legal 500 named Mike to its list of preeminent patent litigators. Thompson/Reuters has regularly named him a “Southern California Super Lawyer” in the category of IP litigation since 2004.
He frequently speaks on intellectual property litigation subjects, including to the AIPLA, OCBA, OCIPLA, LAIPLA, ABA, ACC, INTA, Harvard Law School Association, Harvard Business School Association, MIT Alumni Association, and the Federalist Society. Mike’s articles on IP subjects have been featured in publications including American Marketer, Luxury Roundtable, IP Watchdog, Law 360, IP 360, The Trademark Lawyer, The Los Angeles Daily Journal, The Recorder, ABA Landslide, Orange County Business Journal, Engage, and Stanford Technology Review.
Mike has taught as an adjunct professor at Whittier School of Law and served as a JAG with the California State Military Reserve. For 16 years, he served as a Reserve Deputy with the Orange County Sheriff’s Department, retiring as a Lieutenant.
Mike serves on the Harvard Law School Association’s Senior Advisory Committee, is a board member of the Federal Bar Association of Orange County, and the vice-chair of the Executive Committee of the Federalist Society's Intellectual Property Practice Group. He is a former member of Law360's Intellectual Property Editorial Board, a former member and former Secretary of the Harvard Law School Association's Executive Committee, and a former president of the Harvard Law School Association of Orange County.
Founder and Principal, Johnson-IP Strategy & Consulting
Philip S. Johnson is Founder and Principal of Johnson-IP Strategy & Consulting. He previously served as Senior Vice President - Law Department and Chief Intellectual Property Counsel of Johnson & Johnson, having joined the corporation in January 2000 after 27 years in private practice. In this position, he managed about 110 patent and trademark attorneys worldwide. Phil is Chair of the Board of Directors of the American Intellectual Property Law Education Foundation, Vice President and President Elect of the Intellectual Property Owners Association, and a member of the Board of the Intellectual Property Owners Association Education Foundation (Past President). He is also a member of the Steering Committee of the Coalition for 21st Century Patent Reform, of the Association of Corporate Patent Counsel (Past President) and of PhRMA’s IP Focus Group (Chair Emeritus). Previously, Phil served as President of INTERPAT.
Before joining Johnson & Johnson, Phil was a senior partner and co-chair of IP litigation at Woodcock Washburn in Philadelphia, where he specialized in intellectual property issues affecting major pharmaceutical, medical device and consumer product companies. Phil has served as trial counsel in over 100 patent cases, including over 50 resulting in reported decisions of the federal district courts and/or of the Federal Circuit Court of Appeals. Phil regularly testifies before both the House and Senate Judiciary Committees on the subject of patent law reform and, more recently, abusive patent litigation. Phil served as a member of Chief Judge Michel’s Advisory Council on Patent Reform, and was recognized in the Congressional Record as a member of the Minority Whip’s “Kitchen Cabinet” for the America Invents Act. Thereafter, Phil served as IPO’s representative on the ABA-AIPLA-IPO committee of six experts (“COSE”) formed at Director Kappos’ request to propose to the USPTO implementing regulations for the PGR-IPR post-grant proceedings created by the AIA.
Phil co-authored “Compensatory Damages Issues In Patent Infringement Cases, A Pocket Guide for Federal District Court Judges,” published by the Federal Judicial Center, and has served that Center as a faculty member on its IP-related judicial education programming. Phil was also featured in the Landslide Publication March/April 2013 issue. The New Jersey Intellectual Property Law Association awarded Phil with its 2013 Jefferson Medal, presented on June 7, 2013.
Phil received his Bachelor of Science degree, cum laude with distinction in biology from Bucknell University, and his J.D. degree from Harvard Law School, where his third year advisor was now-Supreme Court Justice Stephen Breyer.
Founder, Bunch O Balloons
Josh Malone quit his corporate job in 2006 to take his shot at the American (Inventor’s) Dream. Eight years later, savings depleted and orthodontics and college unfunded, he took one last swing before trudging back to the corporate world. And hit the homerun with Bunch O Balloons. His solution to the 63 year old problem of filling and tying water balloons instantly became the number one selling spring/summer toy. It was just as quickly knocked off resulting in a patent litigation now totaling 6 patents, 5 patent suits, 5 PTAB petitions/trials, 4 preliminary injunctions, and 8 appeals at the Federal Circuit. He is currently a Fellow with US Inventor working to restore the patent system.
Associate Dean for Academic Affairs, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law
Dean Kristen Jakobsen Osenga teaches and writes in the areas of patent law, antitrust, and legislation and regulation. Some of her recent scholarship focuses on standard development organizations, patent eligible subject matter, patent licensing firms, litigation and remedies for patent infringement, and patent law reform. She has written numerous law review articles on these and other topics, as well as book chapters and op eds on various aspects of patent law. Additionally, she has spoken on these issues at many academic conferences and bar events. Dean Osenga is Chief Policy Counselor for the Inventors Defense Alliance, as well as an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.
Dean Osenga received a B.S. degree in Biomedical Engineering from the University of Iowa, an M.S. degree in Electrical Engineering from Southern Illinois University – Carbondale, and a J.D. from the University of Illinois College of Law, where she graduated magna cum laude. After law school, she practiced at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner LLP, (now Finnegan) where she did patent prosecution and litigation. She then clerked for the Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit. After clerking, she entered academia, teaching first at Chicago-Kent College of Law and then at the University of Richmond, where she has been since 2006. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law.
Partner, King & Spalding LLP
A partner in the FDA and Life Sciences practice at King & Spalding LLP, Marisa Maleck focuses on litigation, regulatory matters and public policy, with a focus on consumer products. As a former senior counsel at a bio-tech company and in private practice, Marisa has substantial experience with and is skilled in providing creative solutions in the face of uncertainty.
Marisa represents clients in a variety of matters with a focus on FDA-regulated products like food, beverages, pharmaceuticals, medical devices, wellness products, cosmetics, tobacco and cannabis. As a former senior counsel at an FDA-regulated biotech company and as a former partner in King & Spalding’s Litigation and Global Disputes practice group, she handled hundreds of suits in a multi-district litigation, multiple agency inquiries, an FTC lawsuit and 10+ state Attorney Generals actions. With a special focus on consumer fraud, social-media marketing and personal injury/wrongful death lawsuits, Marisa has successfully drafted and/or argued appellate briefs and critical motions in numerous cases—including class actions and complex litigation—before the U.S. Supreme Court, federal and state courts of appeals, and federal and state trial courts. She has also advocated tirelessly for her clients through engagement with agencies and policy-makers. She also advises her clients about legal risk (and how to avoid it) in investigations, enforcement actions, private litigation and private-equity investments.
Marisa also advocates for her clients’ interests in the court of public opinion. She is often solicited for her balanced legal analysis by members of the media. Marisa has appeared on (tv/radio) MSNBC, MSN, CNBC and NPR, and in (print) Newsweek, the National Law Journal, The Wall Street Journal, The Washington Post and Politico.
In addition, Marisa has an active pro-bono practice representing indigent defendants through federal appellate appointments as part of the Criminal Justice Act program and as a screener for the Mid-Atlantic Innocence Project.
Partner, Axinn, Veltrop & Harkrider LLP
Koren Wong-Ervin is a recognized thought leader on competition issues who has testified before Congress on domestic and international issues in antitrust policy. She has more than eighteen years of experience in government, private practice, and as in-house counsel, including representing defendants and plaintiffs in high-stakes litigations and representing companies in domestic and foreign investigations. While at the Federal Trade Commission (FTC), Koren served as an Attorney Advisor to Commissioner Joshua Wright and Counsel for Intellectual Property & International Antitrust.
The combination of Koren's experience representing defendants—along with her experience at the FTC and as a former plaintiffs class action attorney—gives her insights into the thinking on both sides of cases, including complex multi-district litigations, allowing her to develop both effective offensive and defensive strategies. On top of this, her in-house experience as the Director of Antitrust Litigation & Policy at a major technology company gives her a first-hand understanding of how companies work and unique insight into the needs of clients. Koren also has a deep understanding of economics, as evidenced by the fact that she has trained over 500 foreign judges and enforcers on a variety of economic topics.
Koren’s scholarship has been cited by courts and the Department of Justice. She has authored over sixty articles, including on vertical mergers and restraints, acquisitions of potential competitors, consummated mergers, multisided platforms, the intersection of antitrust and intellectual property, incremental innovations or “product hopping,” optimal penalties, extraterritoriality, methodologies for calculating patent infringement damages, and international due process and convergence. She has spoken at over 200 domestic and international events.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Former Chief Judge, U.S. Court of Federal Claims
Judge Braden was appointed to the United States Court of Federal Claims on July 14, 2003, by President George W. Bush, after being confirmed by unanimous consent of the United States Senate. She was sworn into office by Senator Jeff Sessions. Her investiture was conducted on October 24, 2003 by Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg.
On January 28, 2015, Judge Braden was appointed by the American Law Institute as one of seven Judicial Advisors to the Restatement of the Law on Copyright. In 2013, Judge Braden was appointed to the Judges Special Committee of the American Intellectual Property Law Association and was named as Chair of the Intellectual Property Committee of the Advisory Council of the United States Court of Federal Claims. On March 23, 2012, Judge Braden received the Linn Inn Alliance Distinguished Service Medal at the New York Intellectual Property Lawyers Association Annual Dinner for her work with the American Inns of Court, dedicated to intellectual property law. On February 7, 2012, Judge Braden was appointed as Chair of the American Bar Association’s Section of Intellectual Property Law Task Force to consider how to more efficiently adjudicate "small" patent infringement cases. During 2010-2011, Judge Braden served as President of the Giles S. Rich American Inn of Court, which is affiliated with the United States Court of Appeals for the Federal Circuit. She was recognized at a ceremony in the United States Supreme Court in November 2011, when she received the American Inns of Court’s Platinum Distinction Award. Judge Braden also served as a Member of the Editorial Board of the American Intellectual Property Law Association.
In July 2009, Judge Braden was appointed as a Member of the Standing Committee on Ethics and Professional Responsibility-Judges Advisory Committee to the American Bar Association, on which she served until 2012. On February 14, 2007, Judge Braden was elected as a Member of the American Law Institute and was active in drafting Restatement of Law Third, Restitution and Unjust Enrichment. On October 22, 2004, she was inducted as a Senior Fellow of the ABA’s Administrative Law and Regulatory Section by Justice O’Connor at a ceremony held at the United States Supreme Court.
Prior to joining the bench, Judge Braden litigated complex federal and administrative law cases in private practice in trial and appellate courts. In particular, her work in the intellectual property area received favorable notice in the Wall Street Journal, New York Times, National Law Journal, and the Journal of the American Bar Association, and was featured in Interfaces on Trial: Intellectual Property and Interoperability In The Global Software Industry. In 1996, Judge Braden was honored by the Computer Law Association for winning multiple decisions in the Eastern District of New York, the Eastern District of Texas, the Second Circuit, and a certified question to the Supreme Court of Texas in Computer Assocs. Int’l, Inc. v. Altai Inc., a landmark case that changed the application of copyright law to computer software. In 1998, she also won a companion case brought in France before the Cour de Appel de Paris.
In private practice, Judge Braden represented a wide variety of client interests before almost every major department and federal agency, testified before the United States Congress on a variety of matters, and was a principal lobbyist for the Emergency Oil and Steel Loan Guarantee Act of 1999, that established a $1 billion federal loan guarantee program to assist bankrupt and troubled steel mills and small oil companies.
Judge Braden received a B.A. degree (1970) and J. D. degree (1973) from Case Western Reserve University in Cleveland, Ohio. She also attended post graduate courses at the Harvard Law School in the summer of 1978.
Partner, Cravath Swaine & Moore LLP
David J. Kappos is a partner at Cravath. He is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, the development of global intellectual property norms, laws and practices as well as commercialization and enforcement of innovation-based assets. Mr. Kappos supports the Firm’s clients with a wide range of their most complex intellectual property issues, including those pertaining to blockchain and financial technology (FinTech).
From August 2009 to January 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO). In that role, he advised the President, the Secretary of Commerce and the Administration on intellectual property policy matters. As Director of the USPTO, he led the Agency in dramatically re-engineering its entire management and operational systems as well as 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. Mr. Kappos joined IBM as a development engineer. During his more than 25 years at IBM, he served in a variety of roles including litigation counsel and Asia Pacific IP counsel, based in Tokyo, Japan, where he led all aspects of intellectual property protection, including licensing, transactions support and mergers and acquisitions activity for the Asia/Pacific region.
Mr. Kappos has received numerous accolades for his contributions to the field of intellectual property, including, among others, the 2014 Global Agenda Council Vision Award for the Intellectual Property Council’s pro bono initiative from the World Economic Forum, the 2014 Jefferson Medal from the New Jersey Intellectual Property Law Association (NJIPLA), the 2013 Board of Director’s Excellence Award from the American Intellectual Property Law Association (AIPLA), the 2013 Champion of Intellectual Property Award from the District of Columbia Bar Association and the 2013 North America Government Leadership Award from Semiconductor Equipment and Materials International (SEMI). He was named one of the “Top 25 Icons of IP” by Law360, one of the “50 Most Influential People in Intellectual Property” and the “Outstanding Practitioner of the Year in IP Transactions” by Managing IP, one of the “Top 50 Intellectual Property Trailblazers & Pioneers” and one of the “100 Most Influential Lawyers in America” by The National Law Journal, “Intellectual Property Professional of the Year” by the Intellectual Property Owners Association and inducted into the Intellectual Property Hall of Fame by Intellectual Asset Management Magazine in 2012. Mr. Kappos was also recognized as a leading lawyer by IAM Strategy 300, IAM Patent 1000, World IP Review, The Legal 500 US, Who’s Who Legal: Patents, Lawdragon, Super Lawyers and The Best Lawyers in America. He is a frequent speaker and has authored many published articles on various intellectual property, innovation and leadership topics.
Mr. Kappos serves on the Boards of Directors of the Partnership for Public Service, the Center for Global Enterprise and the Intellectual Property Owners Education Foundation. He is the Chair of the Advisory Council of the Naples Roundtable, and the U.S. Chair of the U.S.-China IP Cooperation Dialogue. He is also an Adjunct Professor at Columbia Law School, where he teaches copyright litigation, and Cornell Law School, where he teaches legal advising for the start-up general counsel.
Mr. Kappos was born in Palos Verdes, California. He received a B.S. summa cum laude in Electrical and Computer Engineering from the University of California, Davis in 1983 and a J.D. from the University of California, Berkeley in 1990.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
Former Chief Judge, U.S. Court of Federal Claims
Judge Braden was appointed to the United States Court of Federal Claims on July 14, 2003, by President George W. Bush, after being confirmed by unanimous consent of the United States Senate. She was sworn into office by Senator Jeff Sessions. Her investiture was conducted on October 24, 2003 by Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg.
On January 28, 2015, Judge Braden was appointed by the American Law Institute as one of seven Judicial Advisors to the Restatement of the Law on Copyright. In 2013, Judge Braden was appointed to the Judges Special Committee of the American Intellectual Property Law Association and was named as Chair of the Intellectual Property Committee of the Advisory Council of the United States Court of Federal Claims. On March 23, 2012, Judge Braden received the Linn Inn Alliance Distinguished Service Medal at the New York Intellectual Property Lawyers Association Annual Dinner for her work with the American Inns of Court, dedicated to intellectual property law. On February 7, 2012, Judge Braden was appointed as Chair of the American Bar Association’s Section of Intellectual Property Law Task Force to consider how to more efficiently adjudicate "small" patent infringement cases. During 2010-2011, Judge Braden served as President of the Giles S. Rich American Inn of Court, which is affiliated with the United States Court of Appeals for the Federal Circuit. She was recognized at a ceremony in the United States Supreme Court in November 2011, when she received the American Inns of Court’s Platinum Distinction Award. Judge Braden also served as a Member of the Editorial Board of the American Intellectual Property Law Association.
In July 2009, Judge Braden was appointed as a Member of the Standing Committee on Ethics and Professional Responsibility-Judges Advisory Committee to the American Bar Association, on which she served until 2012. On February 14, 2007, Judge Braden was elected as a Member of the American Law Institute and was active in drafting Restatement of Law Third, Restitution and Unjust Enrichment. On October 22, 2004, she was inducted as a Senior Fellow of the ABA’s Administrative Law and Regulatory Section by Justice O’Connor at a ceremony held at the United States Supreme Court.
Prior to joining the bench, Judge Braden litigated complex federal and administrative law cases in private practice in trial and appellate courts. In particular, her work in the intellectual property area received favorable notice in the Wall Street Journal, New York Times, National Law Journal, and the Journal of the American Bar Association, and was featured in Interfaces on Trial: Intellectual Property and Interoperability In The Global Software Industry. In 1996, Judge Braden was honored by the Computer Law Association for winning multiple decisions in the Eastern District of New York, the Eastern District of Texas, the Second Circuit, and a certified question to the Supreme Court of Texas in Computer Assocs. Int’l, Inc. v. Altai Inc., a landmark case that changed the application of copyright law to computer software. In 1998, she also won a companion case brought in France before the Cour de Appel de Paris.
In private practice, Judge Braden represented a wide variety of client interests before almost every major department and federal agency, testified before the United States Congress on a variety of matters, and was a principal lobbyist for the Emergency Oil and Steel Loan Guarantee Act of 1999, that established a $1 billion federal loan guarantee program to assist bankrupt and troubled steel mills and small oil companies.
Judge Braden received a B.A. degree (1970) and J. D. degree (1973) from Case Western Reserve University in Cleveland, Ohio. She also attended post graduate courses at the Harvard Law School in the summer of 1978.
Partner, Cravath Swaine & Moore LLP
David J. Kappos is a partner at Cravath. He is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, the development of global intellectual property norms, laws and practices as well as commercialization and enforcement of innovation-based assets. Mr. Kappos supports the Firm’s clients with a wide range of their most complex intellectual property issues, including those pertaining to blockchain and financial technology (FinTech).
From August 2009 to January 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO). In that role, he advised the President, the Secretary of Commerce and the Administration on intellectual property policy matters. As Director of the USPTO, he led the Agency in dramatically re-engineering its entire management and operational systems as well as 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. Mr. Kappos joined IBM as a development engineer. During his more than 25 years at IBM, he served in a variety of roles including litigation counsel and Asia Pacific IP counsel, based in Tokyo, Japan, where he led all aspects of intellectual property protection, including licensing, transactions support and mergers and acquisitions activity for the Asia/Pacific region.
Mr. Kappos has received numerous accolades for his contributions to the field of intellectual property, including, among others, the 2014 Global Agenda Council Vision Award for the Intellectual Property Council’s pro bono initiative from the World Economic Forum, the 2014 Jefferson Medal from the New Jersey Intellectual Property Law Association (NJIPLA), the 2013 Board of Director’s Excellence Award from the American Intellectual Property Law Association (AIPLA), the 2013 Champion of Intellectual Property Award from the District of Columbia Bar Association and the 2013 North America Government Leadership Award from Semiconductor Equipment and Materials International (SEMI). He was named one of the “Top 25 Icons of IP” by Law360, one of the “50 Most Influential People in Intellectual Property” and the “Outstanding Practitioner of the Year in IP Transactions” by Managing IP, one of the “Top 50 Intellectual Property Trailblazers & Pioneers” and one of the “100 Most Influential Lawyers in America” by The National Law Journal, “Intellectual Property Professional of the Year” by the Intellectual Property Owners Association and inducted into the Intellectual Property Hall of Fame by Intellectual Asset Management Magazine in 2012. Mr. Kappos was also recognized as a leading lawyer by IAM Strategy 300, IAM Patent 1000, World IP Review, The Legal 500 US, Who’s Who Legal: Patents, Lawdragon, Super Lawyers and The Best Lawyers in America. He is a frequent speaker and has authored many published articles on various intellectual property, innovation and leadership topics.
Mr. Kappos serves on the Boards of Directors of the Partnership for Public Service, the Center for Global Enterprise and the Intellectual Property Owners Education Foundation. He is the Chair of the Advisory Council of the Naples Roundtable, and the U.S. Chair of the U.S.-China IP Cooperation Dialogue. He is also an Adjunct Professor at Columbia Law School, where he teaches copyright litigation, and Cornell Law School, where he teaches legal advising for the start-up general counsel.
Mr. Kappos was born in Palos Verdes, California. He received a B.S. summa cum laude in Electrical and Computer Engineering from the University of California, Davis in 1983 and a J.D. from the University of California, Berkeley in 1990.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
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