Professor, UNH Franklin Pierce School of Law
Ann Bartow joined the UNH Franklin Pierce School of Law in 2015. She previously held tenured faculty appointments at Pace Law School and the University of South Carolina School of Law. During the 2011-2012 academic year, Professor Bartow was a Fulbright Scholar at Tongji University in Shanghai, China. She teaches Copyright Law, Trademark Law, Survey of Intellectual Property Law, Art Law and Torts. She is a graduate of Cornell University and the University of Pennsylvania Law School. Her scholarship focuses on the intersection between intellectual property laws and public policy concerns, privacy and technology law, and feminist legal theory, and she has published numerous articles and book chapters on these subjects.
Professor Bartow has served as chair and a past advisory board member of the American Association of Law Schools Executive Committee of the Defamation and Privacy Section, and also a past chair and past advisory board member the Intellectual Property Law Section. She is also a member of the Advisory Board of the Electronic Privacy Information Center (EPIC), and also a member of the American Law Institute.
Prior to entering the academy in 1995, Professor Bartow practiced law at McCutchen, Doyle, Brown & Enersen (later known as Bingham McCutchen LLP and now merged with Morgan, Lewis & Bockius) in San Francisco. She began her teaching career as an Honorable Abraham L. Freedman Teaching Fellow at Temple University School of Law, where she also received an LL.M. in Legal Education and later served as a visiting professor. Professor Bartow has also taught as a visitor at the University of Florida School of Law, American University Washington College of Law, the University of Dayton School of Law and the University of Idaho College of Law.
Associate, McKool Smith PC
Eliza Beeney is an Associate in McKool Smith’s New York office. She focuses her practice on intellectual property litigation, including patents, copyrights, and trademarks. Prior to joining the firm, Eliza clerked for the Honorable Margo K. Brodie of the U.S. District Court for the Eastern District of New York where she assisted in civil and criminal matters in all stages of litigation, including trial. Prior to her clerkship, Eliza was a litigation associate at Davis Polk & Wardwell.
Eliza attended Cornell Law School where she was an editor for the Cornell Law Review, Executive Vice Chancellor of the Moot Court Board and a member of the Cornell Women’s Law Coalition. She also worked in Cornell’s Capital Punishment Clinic and authored a note selected for publication in the Law Review.
Former Chief Judge, United States Court of Appeals for the Federal Circuit
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.
Professor, UNH Franklin Pierce School of Law
Ann Bartow joined the UNH Franklin Pierce School of Law in 2015. She previously held tenured faculty appointments at Pace Law School and the University of South Carolina School of Law. During the 2011-2012 academic year, Professor Bartow was a Fulbright Scholar at Tongji University in Shanghai, China. She teaches Copyright Law, Trademark Law, Survey of Intellectual Property Law, Art Law and Torts. She is a graduate of Cornell University and the University of Pennsylvania Law School. Her scholarship focuses on the intersection between intellectual property laws and public policy concerns, privacy and technology law, and feminist legal theory, and she has published numerous articles and book chapters on these subjects.
Professor Bartow has served as chair and a past advisory board member of the American Association of Law Schools Executive Committee of the Defamation and Privacy Section, and also a past chair and past advisory board member the Intellectual Property Law Section. She is also a member of the Advisory Board of the Electronic Privacy Information Center (EPIC), and also a member of the American Law Institute.
Prior to entering the academy in 1995, Professor Bartow practiced law at McCutchen, Doyle, Brown & Enersen (later known as Bingham McCutchen LLP and now merged with Morgan, Lewis & Bockius) in San Francisco. She began her teaching career as an Honorable Abraham L. Freedman Teaching Fellow at Temple University School of Law, where she also received an LL.M. in Legal Education and later served as a visiting professor. Professor Bartow has also taught as a visitor at the University of Florida School of Law, American University Washington College of Law, the University of Dayton School of Law and the University of Idaho College of Law.
Associate, McKool Smith PC
Eliza Beeney is an Associate in McKool Smith’s New York office. She focuses her practice on intellectual property litigation, including patents, copyrights, and trademarks. Prior to joining the firm, Eliza clerked for the Honorable Margo K. Brodie of the U.S. District Court for the Eastern District of New York where she assisted in civil and criminal matters in all stages of litigation, including trial. Prior to her clerkship, Eliza was a litigation associate at Davis Polk & Wardwell.
Eliza attended Cornell Law School where she was an editor for the Cornell Law Review, Executive Vice Chancellor of the Moot Court Board and a member of the Cornell Women’s Law Coalition. She also worked in Cornell’s Capital Punishment Clinic and authored a note selected for publication in the Law Review.
Former Chief Judge, United States Court of Appeals for the Federal Circuit
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.
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.
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, UNH Franklin Pierce School of Law
Ann Bartow joined the UNH Franklin Pierce School of Law in 2015. She previously held tenured faculty appointments at Pace Law School and the University of South Carolina School of Law. During the 2011-2012 academic year, Professor Bartow was a Fulbright Scholar at Tongji University in Shanghai, China. She teaches Copyright Law, Trademark Law, Survey of Intellectual Property Law, Art Law and Torts. She is a graduate of Cornell University and the University of Pennsylvania Law School. Her scholarship focuses on the intersection between intellectual property laws and public policy concerns, privacy and technology law, and feminist legal theory, and she has published numerous articles and book chapters on these subjects.
Professor Bartow has served as chair and a past advisory board member of the American Association of Law Schools Executive Committee of the Defamation and Privacy Section, and also a past chair and past advisory board member the Intellectual Property Law Section. She is also a member of the Advisory Board of the Electronic Privacy Information Center (EPIC), and also a member of the American Law Institute.
Prior to entering the academy in 1995, Professor Bartow practiced law at McCutchen, Doyle, Brown & Enersen (later known as Bingham McCutchen LLP and now merged with Morgan, Lewis & Bockius) in San Francisco. She began her teaching career as an Honorable Abraham L. Freedman Teaching Fellow at Temple University School of Law, where she also received an LL.M. in Legal Education and later served as a visiting professor. Professor Bartow has also taught as a visitor at the University of Florida School of Law, American University Washington College of Law, the University of Dayton School of Law and the University of Idaho College of Law.
Associate, McKool Smith PC
Eliza Beeney is an Associate in McKool Smith’s New York office. She focuses her practice on intellectual property litigation, including patents, copyrights, and trademarks. Prior to joining the firm, Eliza clerked for the Honorable Margo K. Brodie of the U.S. District Court for the Eastern District of New York where she assisted in civil and criminal matters in all stages of litigation, including trial. Prior to her clerkship, Eliza was a litigation associate at Davis Polk & Wardwell.
Eliza attended Cornell Law School where she was an editor for the Cornell Law Review, Executive Vice Chancellor of the Moot Court Board and a member of the Cornell Women’s Law Coalition. She also worked in Cornell’s Capital Punishment Clinic and authored a note selected for publication in the Law Review.
Former Chief Judge, United States Court of Appeals for the Federal Circuit
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.
The (Mis)Use of Anti-Suit Injunctions in International IP Litigation: Can foreign courts enjoin enforcement of US patent rights?
Steve Akerley, Ann Bartow, Eliza Beeney, Paul Redmond Michel
The propriety of anti-suit injunctions—that is, orders issued in one jurisdiction prohibiting a party from...
The (Mis)Use of Anti-Suit Injunctions in International IP Litigation: Can foreign courts enjoin enforcement of US patent rights?
Steve Akerley, Ann Bartow, Eliza Beeney, Paul Redmond Michel
The propriety of anti-suit injunctions—that is, orders issued in one jurisdiction prohibiting a party from...
The (Mis)Use of Anti-Suit Injunctions in International IP Litigation: Can foreign courts enjoin enforcement of US patent rights?
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A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris
Introduction In a recent article[1] Joe Kattan and Tim Muris (K&M) criticize our article[2] on...
Intellectual Property and Standard Setting
Koren Wong-Ervin, Joshua D. Wright
Note from the Editor: This article discusses the controversial topic of intellectual property in standard...
What’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...