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.
Attorney, Klein O'Neill & Singh LLP
Mr. Klein is a registered patent attorney with over thirty years of experience in patent and trademark prosecution, licensing, opinion work, and litigation. Mr. Klein has written and prosecuted hundreds of patents in a wide variety of technologies. He has been engaged extensively in validity and infringement opinions, and he has experience in the litigation of all aspects of IP: Patents, trademarks, copyrights, and trade secrets.
Mr. Klein has served clients throughout the United States, as well as Europe, Taiwan, and Australia. Clients include start-up companies, and corporations of all sizes, including Fortune 500® companies.
Mr. Klein is now also an Adjunct Professor of Law at Chapman University Law School.
Partner, Crowell & Moring LLP, Crowell & Moring LLP
Trevor K. Copeland is a partner in the law firm of Crowell & Moring LLP (formerly Brinks Gilson & Lione PC).
His patent prosecution experience includes work on medical devices, sunglasses, footwear, sprinklers and irrigation equipment, decorative statuary and water gardens, biotechnology and general mechanical arts. He works closely with clients having products in these areas to develop intellectual property acquisition and management strategies, as well as to protect new ideas and products while respecting the rights of others.
Mr. Copeland's further practice includes design protection, whereby clients are able to protect the unique and valuable ornamental designs of their products using patent, copyright, and/or trademark. He has also litigated utility patents on clients' behalf, and has worked on preliminary injunction lawsuits for both design and utility patents, including winning a preliminary injunction against a foreign company preparing to launch an infringing laser-level device with a suction base.
Mr. Copeland has former experience as a high school biology and chemistry teacher, and as a visiting scientist with a Fungal Biochemistry and Molecular Genetics Laboratory Group.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
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.
Associate Professor of Law, Center for Intellectual Property and Entrepreneurship, University of Missouri School of Law
Professor Lietzan researches, writes, and teaches primarily in the areas of food and drug regulation, intellectual property, and administrative law. Some of her recent scholarship has focused on the nature and purpose of the new drug approval system, federal regulation of fecal microbiota transplantation, federal regulation of products derived from cannabis, the political economy of the Hatch-Waxman (generic drug) statute, and incentives to study already approved drugs for new uses. She is an award-winning teacher, and she has been an elected member of the American Law Institute since 2006.
Professor Lietzan brings to her scholarship and teaching eighteen years of private practice experience, eight of them as a partner in the food and drug group at Covington & Burling in Washington, DC. In practice, she handled a wide range of complex legal problems and broader legislative and regulatory policy questions affecting FDA-regulated companies. This work included lifecycle management and strategy issues, regulatory strategy and advocacy, white collar defense, congressional investigations, briefing in products liability cases, and international regulatory policy work. She was involved in every major amendment to the Federal Food, Drug, and Cosmetic Act (FDCA) between 1997 and 2014 and was deeply immersed for more than a decade in the development of the Biologics Price Competition and Innovation Act of 2010. She has been consistently identified by her peers in private practice as a “Best Lawyer in America” in the categories of FDA law (since 2013) and Biotechnology Law (since 2007).
Professor Lietzan has held one leadership position or another at the Food and Drug Law Institute (FDLI) since 2004, including a stint on its Board of Directors from 2008 to 2012. She also held leadership positions in the American Bar Association’s Section of Science and Technology Law for fourteen years.
Professor Lietzan received a bachelor’s degree from the University of North Carolina, where she graduated with honors in history. She holds a master’s degree in history from UCLA and a law degree with high honors from Duke Law School.
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.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
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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