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.
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.
Dana Rao is the Vice President of Intellectual Property and Litigation at Adobe Systems. He oversees all aspects of Adobe’s intellectual property and litigation matters, including procuring, licensing, and defending Adobe’s patents, trademarks, and copyrights, and managing all aspects of Adobe’s litigation practice.
Before Adobe, Dana was an Associate General Counsel of Patents at Microsoft Corporation, focusing on their Windows Phone and Xbox patent issues. Dana began his legal career at Fenwick & West, focusing on patent prosecution, licensing, and litigation. Dana received his undergraduate degree from Villanova University in Electrical Engineering, and received his law degree from The George Washington University School of Law, where he graduated Order of the Coif.
Partner, Fenwick & West LLP
Robert Sachs is President at Robert R. Sachs PC and concentrates his practice on strategic patent counseling and prosecution for software technologies. Bob has extensive experience in developing patent portfolios for companies of all sizes, from startups to multi-nationals.
He is the primary evaluator for standards essential patents on today's most important audio, video, and communications technologies, including 3GPP-LTE, IEEE 802.11, MPEG-4 AAC, DVB-MHP, OCAP, Digital Radio Mondiale, AMR-NB, AMR-WB, AMR-WB+, G.711, G.729, AGORA-C, and NFC-IP. He conducts and supervises patent evaluations in US, as well as Europe, Japan, China, South Korea, Mexico and Canada.
One of Bob’s areas of expertise is patentable subject matter: the question of what kinds of inventions are eligible for patent protection, and particularly whether software and life sciences related inventions are patentable. This issue has become the new battleground in the development of the patent law, with several important cases having been recently decided by the Supreme Court and the Court of Appeals for the Federal Circuit. While most authors and scholars take a results-oriented approach to this question, Bob instead starts with the first principles of creativity and innovation that drive humans to solve functional problems. From that understanding, software and life sciences inventions are squarely in the domain of what the patent law is designed to protect.
Partner, Williams & John LTD
David L. Applegate is a partner of Williams & John Ltd., where he chairs the firm's intellectual property practice group and is a member of the commercial litigation practice group. He focuses his practice on patent, trademark, copyright, trade secret, unfair competition, and business litigation and arbitration, and on U. S. Supreme Court and related amicus brief practice.
Mr. Applegate is a Fellow of Litigation Counsel of America, the Intellectual Property Institute, and the Diversity Law Institute; a Senior Master Member of the Richard Linn American Inn of Court; a Past President of the Chicago Lincoln American Inn of Court; and a Legal Policy Advisor to The Heartland Institute. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability, and has been named by his peers for inclusion in Illinois Leading Lawyers and IllinoisSuper Lawyers in both commercial and intellectual property litigation for decades.
Throughout his career, Mr. Applegate has represented corporations and individuals as both plaintiffs and defendants in state and federal litigation at the trial and appellate levels. He has tried multiple cases to verdict in both jury and bench trials nationwide and has argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits; his amicus brief was cited twice in the U. S. Supreme Court’s 5-4 majority opinion in the Janus case. Mr. Applegate also has extensive commercial arbitration and private mediation experience in both national and international dispute resolution forums, and is a former member of the Chicago International Dispute Resolution Association. In 2001, the U. S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association recognized him for his outstanding individual commitment to pro bono service to indigent clients throughout the Northern District of Illinois.
In addition to his legal practice, Mr. Applegate has written and spoken frequently on matters of law and public policy, including on both local and national television and radio. He is an avid collector and amateur historian of original comic strip and editorial cartoon art, and has written extensively in that field as well for over three decades.
Professor of Law, University of Baltimore School of Law (on leave); Senior Counsel, U.S. Department of Justice
Professor Dolin’s scholarship centers on patent law with a specific focus on how the patent regime affects innovation, especially in bio-pharmaceutical areas. His work in these areas includes a number of scholarly articles, presentations, amicus briefs, and congressional testimony.
Dr. Dolin is currently on leave from his academic duties while he serves as Senior Counsel in the Civil Rights Division of the United States Department of Justice.
From January 2020 to January 2022, Professor Dolin served as a resident Associate Justice of the Supreme Court of the Republic of Palau. In this role, he (together with other members of the Court) heard appeals in civil, criminal, administrative, and constitutional law matters.
Prior to joining the University of Baltimore School of Law, Professor Dolin held visiting appointments in other law schools. He also served as a law clerk to the Hon. Pauline Newman, of the U.S. Court of Appeals for the Federal Circuit and the late Hon. H. Emory Widener Jr., of the U.S. Court of Appeals for the Fourth Circuit.
Rumors that he has a real Russian bear in his office are entirely true.
Should Congress Amend Section 101 of the Patent Act?
Intellectual Property Practice Group
TeleforumWhat’s at Stake in Cuozzo v. Lee?: The View of the Petitioner
David L. Applegate
Currently pending on the docket of the United States Supreme Court is the case of...
The Costs of Patent Reform: Early Data and Abuses in the Uneven Playing Field of Post-Issuance Review
Gregory Dolin
Note from the Editor: This article is a critical examination of patent reform. As always,...