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Arthrex

Jul 28 2022 Podcast

A Response to: Ten Years On: The America Invents Act and the role of the Patent Trial and Appeal Board in resolving patent disputes

Thomas D. Grant, F. Scott Kieff, Paul Redmond Michel

Join us on July 27 to hear three experts give a response to our April...

Topics: Intellectual Property

Sponsors: Intellectual Property Practice Group

Aug 18 2021 Podcast

Deep Dive Episode 193 – Arthrex: The End of Patent Exceptionalism in the Administrative State?

Gary Lawson, Kristen Osenga, Jonathan Stroud, Jenn L. Mascott

The decision in United States v. Arthrex was extremely fractured, with a mix of majority,...

Topics: Administrative Law & Regulation · Intellectual Property · Regulatory Transparency Project · Supreme Court

Sponsors: Regulatory Transparency Project

Mar 5 2021 Podcast

Courthouse Steps Oral Argument Teleforum: Carr v. Saul

Jenn L. Mascott, Richard J. Pierce

On March 3, 2021, the Supreme Court will hear oral arguments in Carr v. Saul. This...

Topics: Administrative Law & Regulation · Supreme Court · Federalism & Separation of Powers

Sponsors: Federalism & Separation of Powers Practice Group

Jan 20 2021 Podcast

The Federal Vacancies Reform Act and Implications for Presidential Transitions

Stephen Migala, Anne Joseph O'Connell, Thomas Berry, Brian C. Johnson

The Federal Vacancies Reform Act (FVRA) is a federal statute permitting the President to appoint...

Sponsors: Financial Services Practice Group

Oct 9 2020 Podcast

Appointments Clause Back in the Supreme Court: Patent Office Judges as Principal or Inferior Officers

Aditya Bamzai, John C. O'Quinn

Eleven months ago the Federal Circuit held that the Administrative Patent Judges who serve on...

Sponsors: Federalism & Separation of Powers Practice Group

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Contributor Information

Thomas D. Grant

Senior Research Fellow (Wolfson College); Fellow (Lauterpacht Centre for International Law), Faculty of Law, University of Cambridge

Biography

Over twenty years' experience as legal adviser, advocate, and strategist in complex multi-jurisdiction matters across several substantive fields, including public international law, international investment protection, trade law, and law of the sea. Academic writings on international arbitration, international organizations, use of force, State immunity, State succession, recognition of States, artificial intelligence, law & technology.

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Contributor Information

F. Scott Kieff

Stevenson Bernard Professor, George Washington University Law School

Biography

The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.

He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.

He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.

His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.

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Paul Redmond Michel

Former Chief Judge, United States Court of Appeals for the Federal Circuit

Biography

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.

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Gary Lawson

Levin, Mabie & Levin Professor of Law, University of Florida Levin College of Law

Biography

Professor Gary Lawson joined the University of Florida Levin College of Law faculty on July 1, 2024, after twenty-four years at Boston University School of Law and eleven years at Northwestern University School of Law. While at Boston University, he was named a William Fairfield Warren Distinguished Professor in 2022 – the highest faculty honor within the university. He has authored or co-authored nine editions of a textbook on administrative law, a textbook on constitutional law, five university press books, one popular press book, and more than one hundred scholarly articles on topics ranging from aspects of constitutional theory and history to the proof of legal propositions. His works have been cited in more than twenty opinions of United States Supreme Court justices. He is a founding member, and serves on the Board of Directors, of the Federalist Society for Law and Public Policy Studies and is on the Editorial Advisory Board of the Heritage Guide to the Constitution.

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Kristen Osenga

Associate Dean for Academic Affairs, Austin E. Owen Research Scholar & Professor of Law, The University of Richmond School of Law

Biography

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.

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Jonathan Stroud

General Counsel, Unified Patents

Biography

Mr. Stroud manages Unified Patents' legal and corporate work, with a focus on Patent Trial and Appeal Board (PTAB), district court, and appellate litigation, contracting, general corporate matters, and settlement negotiations. He regularly teaches, speaks, and writes about patent and administrative law.

Previously, Mr. Stroud was a patent attorney at Finnegan, Henderson, Farabow, Garrett and Dunner LLP, where he was involved in some of the earliest post-grant review work. Before that, he examined patents on implantable medical devices at the U.S. Patent and Trademark Office (USPTO).

Mr. Stroud has been published in the the Columbia Science and Technology Law Review, the Administrative Law Review, the South Carolina Law Review, the American University Law Review, and the New Mexico Law Review, among others. Two of his articles have been selected as a "best IP article" by Thomson West, in 2014 and 2020, respectively.

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Jenn L. Mascott

Judge, U.S. Court of Appeals for the Third Circuit

Biography

Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.

Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.

Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.

Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.

From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.

Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.

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Jenn L. Mascott

Judge, U.S. Court of Appeals for the Third Circuit

Biography

Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.

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Contributor Information

Richard J. Pierce

Lyle T. Alverson Professor of Law, George Washington University Law School

Biography

Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.

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Stephen Migala

Attorney-Adviser, U.S. Department of State

Biography

Stephen Migala is an attorney adviser for the U.S. State Department, where he counsels on export-related national security law. Before that, he worked for both a boutique firm and a large international law firm, practicing appellate and complex civil litigation, as well as international trade and export compliance, among other areas. Prior to attending law school, Stephen served as an officer and pilot in the U.S. Air Force.

Stephen earned his J.D. and his LL.M. in National Security Law, with distinction, from Georgetown University Law Center, where he was the student editor in chief of the Food and Drug Law Journal. He received his B.A. from the University of Colorado at Boulder and his M.B.A. from Colorado State University.

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Anne Joseph O'Connell

Adelbert H. Sweet Professor of Law, Stanford Law School

Biography

Anne Joseph O’Connell is a lawyer and social scientist (with graduate training in economics and political science) whose research and teaching focus on administrative law and the federal bureaucracy. Outside of the law school, she was a presidentially appointed member of the Council of the Administrative Conference of the United States, an independent federal agency dedicated to improving regulatory procedures, from October 2022 to January 2025. O’Connell is an elected fellow of the American Academy of Arts and Sciences and the National Academy of Public Administration and an elected member of the American Law Institute. She frequently consults with congressional staff, nonprofit organizations, and others, and has testified before Congress. She is a fellow at the Center for Advanced Study in the Behavioral Sciences for the 2024-2025 academic year.

At Stanford Law School, O’Connell teaches Administrative Law, Advanced Administrative Law, and Constitutional Law. The class of 2020 chose her to receive the Hurlbut Award, which is given to one professor “who strives to make teaching an art.” She co-chaired the steering committee for Stanford University’s Faculty Women’s Forum, which works to enable all women faculty to thrive, from August 2022 to January 2024 and jointly conducted two surveys on COVID’s impacts on faculty for FWF. Prior to joining Stanford University in 2018, O’Connell was the George Johnson Professor of Law at the University of California, Berkeley. While there, she received the Distinguished Teaching Award (the campus’s most prestigious honor for teaching) in 2016 and Berkeley Law’s Rutter Award for Teaching Distinction in 2012. From April 2013 to July 2015, she served as associate dean for faculty development and research under three different deans. In 2013-2014, O’Connell was co-president of the Society for Empirical Legal Studies (co-organizing the 2014 Conference on Empirical Legal Studies).

Before joining the Berkeley Law faculty in 2004, O’Connell clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court during the October 2003 term. From 2001 to 2003, she was a trial attorney for the Federal Programs Branch of the U.S. Department of Justice’s Civil Division, receiving commendations for her work. She clerked for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit from 2000 to 2001. A Truman Scholar, O’Connell worked for a number of federal agencies in earlier years, including the Department of Defense (Offices of the General Counsel and Inspector General), Federal Trade Commission (Bureau of Competition), Department of Justice (Office of Legal Counsel), and U.S. Army (RDE). She is a member of the New York bar and served as a volunteer for the Biden-Harris Campaign’s policy team.

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Thomas Berry

Director, Robert A. Levy Center for Constitutional Studies, Cato Institute

Biography

Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.

Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.

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Contributor Information

Brian C. Johnson

Managing Director, Banking Supervision and Regulation Group, Patomak Global Partners

Biography

Brian Johnson is Managing Director in the Banking Supervision and Regulation Group at Patomak Global Partners.

In this role, Mr. Johnson spearheads projects related to the regulation of consumer financial products under Keith Noreika, Executive Vice President and Chairman of the Banking Supervision and Regulation Group and former acting Comptroller of the Currency.

Prior to joining Patomak, Mr. Johnson was a partner in Alston & Bird LLP’s financial services and products group. There, he advised financial institutions on consumer finance regulatory issues relating to product compliance, examination, enforcement investigations, and compliance management systems, and on strategic engagement with independent federal regulatory agencies and with Congress.

Mr. Johnson previously served as Deputy Director of the Consumer Financial Protection Bureau (CFPB), where he oversaw the agency’s rulemaking, supervision, and enforcement activities. He conceived and led the creation of high-profile agency initiatives, including the Office of Innovation, Taskforce on Federal Consumer Financial Law, policy symposia series, and Start Small, Save Up emergency savings program. He also served as the CFPB representative to the Financial Stability Oversight Council Deputies’ Committee and advised on interagency matters involving the Federal Deposit Insurance Corporation and the Federal Financial Institutions Examination Council.

Mr. Johnson held various positions on Capitol Hill, including policy director and chief financial institutions counsel on the House Committee on Financial Services, where his portfolio covered consumer protection and credit, mortgage origination, credit reporting, banking, and data security. His efforts on the committee involved drafting legislation to provide regulatory relief to bank, credit union, and nondepository financial institutions, as well as conducting oversight of the activities of the CFPB, Financial Stability Oversight Council, Federal Deposit Insurance Corporation, Office of Financial Research, Office of the Comptroller of the Currency, Federal Reserve System, and National Credit Union Administration.

Mr. Johnson received his juris doctorate from the University of Virginia School of Law and his bachelor’s in economics from the University of Virginia.

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Aditya Bamzai

Professor of Law, University of Virginia School of Law

Biography

Aditya Bamzai is a professor of law at the University of Virginia. He teaches administrative law, civil procedure, computer crime and conflicts of law, and he has written about these and related subjects. He has argued cases relating to the separation of powers and national security in the U.S. Supreme Court, Foreign Intelligence Surveillance Court of Review, D.C. Circuit and other federal courts of appeals. From 2019 to 2021, he served as a Member of the Privacy and Civil Liberties Oversight Board, a federal agency charged with ensuring that the government’s national security efforts are balanced with the need to protect privacy and civil liberties. Before entering the academy, Bamzai was an attorney-adviser in the Office of Legal Counsel of the U.S. Department of Justice, and an appellate attorney in both private practice and for the National Security Division of the Department of Justice. Earlier in his career, he was a law clerk to Justice Antonin Scalia of the Supreme Court of the United States and to Judge Jeffrey Sutton of the Sixth Circuit Court of Appeals.

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John C. O'Quinn

Partner, Kirkland and Ellis, LLP

Biography

John O'Quinn is a Partner in Kirkland's Washington, D.C. office. His practice focuses on litigation, including intellectual property disputes, commercial litigation, regulatory issues arising from or likely to lead to litigation, and other complex litigation matters at both the trial and appellate levels. He has extensive argument experience before both trial and appellate courts, and has argued in most of the U.S. Courts of Appeals, including the D.C. Circuit and the Federal Circuit. Mr. O'Quinn has been to trial multiple times, where he has examined expert and fact witnesses. Representative clients include Apple, Boeing, B. Braun Medical, Charter Communications, C.R. Bard, POET LLC, Siemens, and Teva Pharmaceuticals.

From 2006 to 2009, Mr. O'Quinn served in the United States Department of Justice. As Deputy Associate Attorney General, he was responsible for helping to oversee much of the government's civil litigation and reviewing proposed settlements of multi-million dollar civil cases brought by or against the government. As the Deputy Assistant Attorney General for the Federal Programs Branch of the Civil Division, Mr. O'Quinn supervised over 100 attorneys charged with defending the constitutionality of federal statutes and regulations, representing the diplomatic and national security interests of the United States in court, and conducting significant Title VII, personnel, social security, Medicare and Medicaid-related litigation. Mr. O'Quinn worked with counsel from virtually every federal agency on complex civil litigation matters and personally directed significant cases defending the government's interests, arguing more than 20 cases in federal court. In February of 2009, Mr. O'Quinn was awarded the Office of the Secretary of Defense Medal for Exceptional Public Service for his leadership in defending the Department of Defense in lawsuits challenging the detention and trial of enemy combatants captured abroad by United States Armed Forces.

Mr. O'Quinn was previously an associate with Kirkland from 2003 to 2006. While on leave from the Firm, he served as special counsel to the United States Senate Committee on the Judiciary for the nomination of Chief Justice Roberts. Prior to joining the Firm, Mr. O'Quinn was a law clerk for Justice Antonin Scalia of the U.S. Supreme Court and Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit.

While at Kirkland, Mr. O'Quinn has also provided legal counseling and representation for individuals and organizations on a pro bono basis, including arguing a habeas petition on behalf of a defendant convicted of capital murder, and submitting FOIA requests on behalf of a civil rights organization.

J.D., Harvard Law School, magna cum laude

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