Senior Litigation Counsel, New Civil Liberties Alliance
Margaret Harker litigates for a public interest law firm. She has significant experience in government investigations and litigation, having served in the three branches of our government. Previously, she led complex Congressional investigations for the House Committee on Oversight and Government Reform—including the only government-wide investigation into federal agencies’ strategy (or lack thereof) to counter Chinese Communist Party political warfare against America.
Prior to her time on Capitol Hill, Harker served in the U.S. Department of Justice. She was an Assistant United States Attorney in both the Eastern District of Tennessee and the Eastern District of Virginia. She was a Trial Attorney in the National Security Division, Counterintelligence and Export Control Section, with an emphasis on the administration and enforcement of the Foreign Agents Registration Act.
Harker clerked for the Honorable Henry E. Hudson, U.S. District Court for the Eastern District of Virginia and the Honorable Randolph A. Beales, Court of Appeals of Virginia.
Earlier in her career, she studied in Beijing, China, and worked at the U.S. Chamber of Commerce’s China Center.
Writer and Editor, Tablet Magazine
Park MacDougald is Editor and Senior Writer at The Scroll, Tablet’s daily afternoon newsletter, a fellow at the Manhattan Institute, and a former recipient of the Novak Fellowship from The Fund for American Studies. His writing has appeared in Tablet, City Journal, New York Magazine, The Washington Examiner, and UnHerd.
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Partner, King & Spalding
Jamieson Greer is a partner in King & Spalding's International Trade practice group where he specializes in trade remedy litigation, export / import compliance, and international trade policy and negotiations. Prior to joining King & Spalding, he served as the Chief of Staff to the U.S. Trade Representative, Ambassador Robert Lighthizer. At USTR, he oversaw the development and implementation of U.S. trade policy for the executive branch. He also was deeply involved in the negotiations of the Phase One trade deal with China and the United-States-Mexico-Canada Agreement. Before working at USTR, Jamieson spent several years in private practice working on trade-related matters and served in the U.S. Air Force Judge Advocate General's Corps.
JD Candidate, Harvard Law School
Trevor is a second-year law student at Harvard Law School. Prior to starting law school, he lived in Taiwan as a Fulbright Scholar studying Taiwanese industrial policy, and he worked as a research assistant at a Washington think tank focused on strategic trade controls where he investigated companies involved in the Chinese defense industry.
Partner, King & Spalding
Jamieson Greer is a partner in King & Spalding's International Trade practice group where he specializes in trade remedy litigation, export / import compliance, and international trade policy and negotiations. Prior to joining King & Spalding, he served as the Chief of Staff to the U.S. Trade Representative, Ambassador Robert Lighthizer. At USTR, he oversaw the development and implementation of U.S. trade policy for the executive branch. He also was deeply involved in the negotiations of the Phase One trade deal with China and the United-States-Mexico-Canada Agreement. Before working at USTR, Jamieson spent several years in private practice working on trade-related matters and served in the U.S. Air Force Judge Advocate General's Corps.
JD Candidate, Harvard Law School
Trevor is a second-year law student at Harvard Law School. Prior to starting law school, he lived in Taiwan as a Fulbright Scholar studying Taiwanese industrial policy, and he worked as a research assistant at a Washington think tank focused on strategic trade controls where he investigated companies involved in the Chinese defense industry.
Partner, Sullivan & Cromwell LLP
Andrei Iancu is a partner at Sullivan & Cromwell and one of the leading voices in intellectual property law and innovation policy. He is a former Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), a position to which he was confirmed unanimously by the Senate. Andrei has decades of experience representing plaintiffs and defendants in IP matters across the technical and scientific spectra, including medical devices, genetic testing, therapeutics, the Internet, telephony, TV broadcasting, video game systems and computer peripherals. He represents clients in litigation and trials before the district courts, the U.S. International Trade Commission and the USPTO, the Federal Circuit and U.S. Supreme Court, and also counsels clients on obtaining, licensing, enforcing and defending against IP rights globally.
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.
Elvin R. Latty Professor of Law, Duke University School of Law
Arti Rai, Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy, is an internationally recognized expert in intellectual property (IP) law, administrative law, and health policy. Rai has also taught at Harvard, Yale, and the University of Pennsylvania law schools. Rai's research on IP law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. She has published over 50 articles, essays, and book chapters on IP law, administrative law, and health policy. Her publications have appeared in both peer-reviewed journals and law reviews, including Science, the New England Journal of Medicine, the Journal of Legal Studies, Nature Biotechnology, and the Columbia, Georgetown, and Northwestern law reviews. She is the editor of Intellectual Property Law and Biotechnology: Critical Concepts (Edward Elgar, 2011) and the co-author of a 2012 Kauffman Foundation monograph on cost-effective health care innovation.
From 2009-2010, Rai served as the Administrator of the Office of External Affairs at the U.S. Patent and Trademark Office (USPTO). As External Affairs Administrator, Rai led policy analysis of the patent reform legislation that ultimately became the America Invents Act and worked to establish the USPTO’s Office of the Chief Economist. Prior to that time, she had served on President-Elect Obama’s transition team reviewing the USPTO. Prior to entering academia, Rai clerked for the Honorable Marilyn Hall Patel of the U.S. District Court for the Northern District of California; was a litigation associate at Jenner & Block (doing patent litigation as well as other litigation); and was a litigator at the Federal Programs Branch of the U.S. Department of Justice's Civil Division.
Rai regularly testifies before Congress and relevant administrative bodies on IP law and policy issues and regularly advises federal agencies on IP policy issues raised by the research that they fund. She is a member of the National Advisory Council for Human Genome Research and of an Expert Advisory Council to the Defense Advanced Projects Research Agency (DARPA). Rai is a public member of the Administrative Conference of the United States, a member of the American Law Institute, and co-chair of the IP Committee of the Administrative Law Section of the ABA. Rai is currently a member of the Institute of Medicine Committee on Strategies for Responsible Sharing of Clinical Trial Data and has served on, or as a reviewer for, numerous National Academies of Science committees. In 2011, Rai won the World Technology Network Award for Law.
Rai graduated from Harvard College, magna cum laude, with a degree in biochemistry and history (history and science), attended Harvard Medical School for the 1987-1988 academic year, and received her J.D., cum laude, from Harvard Law School in 1991. Rai's moot court team at Harvard Law School won Best Brief and Team honors at the school's prestigious Ames Moot Court Competition.
Professor of Law and Director, Intellectual Property and Information Law Program, Benjamin N. Cardozo School of Law, Yeshiva University
Saurabh Vishnubhakat is a Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo Law. He is also a Research Fellow at the Duke Law Center for Innovation Policy and a Senior Scholar at the George Mason University Center for IP and Innovation Policy. Previously, he held joint appointments as a Professor of Law and Professor of Engineering at Texas A&M University.
Professor Vishnubhakat’s expertise is in intellectual property, administrative law and federal litigation, especially from an empirical perspective. His legal writings have been cited in federal judicial opinions, agency regulations and over two dozen Supreme Court briefs. His latest work is published or forthcoming in the Indiana Law Journal, the Washington and Lee Law Review and the Iowa Law Review as well as the peer-reviewed Journal of the Copyright Society of the USA and the Journal of Economic Perspectives.
His research explores the interaction of the U.S. intellectual property system with federal courts and agencies, among other topics. With a background in the natural sciences, Professor Vishnubhakat brings a scientific mindset to legal thinking and is dedicated to teaching students how to build arguments with analytical rigor.
Prior to his appointment at Texas A&M, Professor Vishnubhakat served in the United States Patent and Trademark Office as principal legal advisor to that agency’s first two chief economists. He was also a faculty fellow at Duke Law School, where he co-taught patent law and was a postdoctoral associate at the Duke Center for Public Genomics, where he researched law and policy issues surrounding innovation in genetics and biomedicine.
Professor Vishnubhakat holds both a J.D. and LL.M. in intellectual property from the University of New Hampshire Franklin Pierce School of Law, where he was an editor of the Law Review. He also holds a B.S. in chemistry from the Georgia Institute of Technology. He is admitted to the bars of Texas, Illinois, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court of the United States.
Partner, Sullivan & Cromwell LLP
Andrei Iancu is a partner at Sullivan & Cromwell and one of the leading voices in intellectual property law and innovation policy. He is a former Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), a position to which he was confirmed unanimously by the Senate. Andrei has decades of experience representing plaintiffs and defendants in IP matters across the technical and scientific spectra, including medical devices, genetic testing, therapeutics, the Internet, telephony, TV broadcasting, video game systems and computer peripherals. He represents clients in litigation and trials before the district courts, the U.S. International Trade Commission and the USPTO, the Federal Circuit and U.S. Supreme Court, and also counsels clients on obtaining, licensing, enforcing and defending against IP rights globally.
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.
Elvin R. Latty Professor of Law, Duke University School of Law
Arti Rai, Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy, is an internationally recognized expert in intellectual property (IP) law, administrative law, and health policy. Rai has also taught at Harvard, Yale, and the University of Pennsylvania law schools. Rai's research on IP law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. She has published over 50 articles, essays, and book chapters on IP law, administrative law, and health policy. Her publications have appeared in both peer-reviewed journals and law reviews, including Science, the New England Journal of Medicine, the Journal of Legal Studies, Nature Biotechnology, and the Columbia, Georgetown, and Northwestern law reviews. She is the editor of Intellectual Property Law and Biotechnology: Critical Concepts (Edward Elgar, 2011) and the co-author of a 2012 Kauffman Foundation monograph on cost-effective health care innovation.
From 2009-2010, Rai served as the Administrator of the Office of External Affairs at the U.S. Patent and Trademark Office (USPTO). As External Affairs Administrator, Rai led policy analysis of the patent reform legislation that ultimately became the America Invents Act and worked to establish the USPTO’s Office of the Chief Economist. Prior to that time, she had served on President-Elect Obama’s transition team reviewing the USPTO. Prior to entering academia, Rai clerked for the Honorable Marilyn Hall Patel of the U.S. District Court for the Northern District of California; was a litigation associate at Jenner & Block (doing patent litigation as well as other litigation); and was a litigator at the Federal Programs Branch of the U.S. Department of Justice's Civil Division.
Rai regularly testifies before Congress and relevant administrative bodies on IP law and policy issues and regularly advises federal agencies on IP policy issues raised by the research that they fund. She is a member of the National Advisory Council for Human Genome Research and of an Expert Advisory Council to the Defense Advanced Projects Research Agency (DARPA). Rai is a public member of the Administrative Conference of the United States, a member of the American Law Institute, and co-chair of the IP Committee of the Administrative Law Section of the ABA. Rai is currently a member of the Institute of Medicine Committee on Strategies for Responsible Sharing of Clinical Trial Data and has served on, or as a reviewer for, numerous National Academies of Science committees. In 2011, Rai won the World Technology Network Award for Law.
Rai graduated from Harvard College, magna cum laude, with a degree in biochemistry and history (history and science), attended Harvard Medical School for the 1987-1988 academic year, and received her J.D., cum laude, from Harvard Law School in 1991. Rai's moot court team at Harvard Law School won Best Brief and Team honors at the school's prestigious Ames Moot Court Competition.
Professor of Law and Director, Intellectual Property and Information Law Program, Benjamin N. Cardozo School of Law, Yeshiva University
Saurabh Vishnubhakat is a Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo Law. He is also a Research Fellow at the Duke Law Center for Innovation Policy and a Senior Scholar at the George Mason University Center for IP and Innovation Policy. Previously, he held joint appointments as a Professor of Law and Professor of Engineering at Texas A&M University.
Professor Vishnubhakat’s expertise is in intellectual property, administrative law and federal litigation, especially from an empirical perspective. His legal writings have been cited in federal judicial opinions, agency regulations and over two dozen Supreme Court briefs. His latest work is published or forthcoming in the Indiana Law Journal, the Washington and Lee Law Review and the Iowa Law Review as well as the peer-reviewed Journal of the Copyright Society of the USA and the Journal of Economic Perspectives.
His research explores the interaction of the U.S. intellectual property system with federal courts and agencies, among other topics. With a background in the natural sciences, Professor Vishnubhakat brings a scientific mindset to legal thinking and is dedicated to teaching students how to build arguments with analytical rigor.
Prior to his appointment at Texas A&M, Professor Vishnubhakat served in the United States Patent and Trademark Office as principal legal advisor to that agency’s first two chief economists. He was also a faculty fellow at Duke Law School, where he co-taught patent law and was a postdoctoral associate at the Duke Center for Public Genomics, where he researched law and policy issues surrounding innovation in genetics and biomedicine.
Professor Vishnubhakat holds both a J.D. and LL.M. in intellectual property from the University of New Hampshire Franklin Pierce School of Law, where he was an editor of the Law Review. He also holds a B.S. in chemistry from the Georgia Institute of Technology. He is admitted to the bars of Texas, Illinois, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court of the United States.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Partner, King & Spalding
Jamieson Greer is a partner in King & Spalding's International Trade practice group where he specializes in trade remedy litigation, export / import compliance, and international trade policy and negotiations. Prior to joining King & Spalding, he served as the Chief of Staff to the U.S. Trade Representative, Ambassador Robert Lighthizer. At USTR, he oversaw the development and implementation of U.S. trade policy for the executive branch. He also was deeply involved in the negotiations of the Phase One trade deal with China and the United-States-Mexico-Canada Agreement. Before working at USTR, Jamieson spent several years in private practice working on trade-related matters and served in the U.S. Air Force Judge Advocate General's Corps.
JD Candidate, Harvard Law School
Trevor is a second-year law student at Harvard Law School. Prior to starting law school, he lived in Taiwan as a Fulbright Scholar studying Taiwanese industrial policy, and he worked as a research assistant at a Washington think tank focused on strategic trade controls where he investigated companies involved in the Chinese defense industry.
Partner, Sullivan & Cromwell LLP
Andrei Iancu is a partner at Sullivan & Cromwell and one of the leading voices in intellectual property law and innovation policy. He is a former Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), a position to which he was confirmed unanimously by the Senate. Andrei has decades of experience representing plaintiffs and defendants in IP matters across the technical and scientific spectra, including medical devices, genetic testing, therapeutics, the Internet, telephony, TV broadcasting, video game systems and computer peripherals. He represents clients in litigation and trials before the district courts, the U.S. International Trade Commission and the USPTO, the Federal Circuit and U.S. Supreme Court, and also counsels clients on obtaining, licensing, enforcing and defending against IP rights globally.
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.
Elvin R. Latty Professor of Law, Duke University School of Law
Arti Rai, Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy, is an internationally recognized expert in intellectual property (IP) law, administrative law, and health policy. Rai has also taught at Harvard, Yale, and the University of Pennsylvania law schools. Rai's research on IP law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. She has published over 50 articles, essays, and book chapters on IP law, administrative law, and health policy. Her publications have appeared in both peer-reviewed journals and law reviews, including Science, the New England Journal of Medicine, the Journal of Legal Studies, Nature Biotechnology, and the Columbia, Georgetown, and Northwestern law reviews. She is the editor of Intellectual Property Law and Biotechnology: Critical Concepts (Edward Elgar, 2011) and the co-author of a 2012 Kauffman Foundation monograph on cost-effective health care innovation.
From 2009-2010, Rai served as the Administrator of the Office of External Affairs at the U.S. Patent and Trademark Office (USPTO). As External Affairs Administrator, Rai led policy analysis of the patent reform legislation that ultimately became the America Invents Act and worked to establish the USPTO’s Office of the Chief Economist. Prior to that time, she had served on President-Elect Obama’s transition team reviewing the USPTO. Prior to entering academia, Rai clerked for the Honorable Marilyn Hall Patel of the U.S. District Court for the Northern District of California; was a litigation associate at Jenner & Block (doing patent litigation as well as other litigation); and was a litigator at the Federal Programs Branch of the U.S. Department of Justice's Civil Division.
Rai regularly testifies before Congress and relevant administrative bodies on IP law and policy issues and regularly advises federal agencies on IP policy issues raised by the research that they fund. She is a member of the National Advisory Council for Human Genome Research and of an Expert Advisory Council to the Defense Advanced Projects Research Agency (DARPA). Rai is a public member of the Administrative Conference of the United States, a member of the American Law Institute, and co-chair of the IP Committee of the Administrative Law Section of the ABA. Rai is currently a member of the Institute of Medicine Committee on Strategies for Responsible Sharing of Clinical Trial Data and has served on, or as a reviewer for, numerous National Academies of Science committees. In 2011, Rai won the World Technology Network Award for Law.
Rai graduated from Harvard College, magna cum laude, with a degree in biochemistry and history (history and science), attended Harvard Medical School for the 1987-1988 academic year, and received her J.D., cum laude, from Harvard Law School in 1991. Rai's moot court team at Harvard Law School won Best Brief and Team honors at the school's prestigious Ames Moot Court Competition.
Professor of Law and Director, Intellectual Property and Information Law Program, Benjamin N. Cardozo School of Law, Yeshiva University
Saurabh Vishnubhakat is a Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo Law. He is also a Research Fellow at the Duke Law Center for Innovation Policy and a Senior Scholar at the George Mason University Center for IP and Innovation Policy. Previously, he held joint appointments as a Professor of Law and Professor of Engineering at Texas A&M University.
Professor Vishnubhakat’s expertise is in intellectual property, administrative law and federal litigation, especially from an empirical perspective. His legal writings have been cited in federal judicial opinions, agency regulations and over two dozen Supreme Court briefs. His latest work is published or forthcoming in the Indiana Law Journal, the Washington and Lee Law Review and the Iowa Law Review as well as the peer-reviewed Journal of the Copyright Society of the USA and the Journal of Economic Perspectives.
His research explores the interaction of the U.S. intellectual property system with federal courts and agencies, among other topics. With a background in the natural sciences, Professor Vishnubhakat brings a scientific mindset to legal thinking and is dedicated to teaching students how to build arguments with analytical rigor.
Prior to his appointment at Texas A&M, Professor Vishnubhakat served in the United States Patent and Trademark Office as principal legal advisor to that agency’s first two chief economists. He was also a faculty fellow at Duke Law School, where he co-taught patent law and was a postdoctoral associate at the Duke Center for Public Genomics, where he researched law and policy issues surrounding innovation in genetics and biomedicine.
Professor Vishnubhakat holds both a J.D. and LL.M. in intellectual property from the University of New Hampshire Franklin Pierce School of Law, where he was an editor of the Law Review. He also holds a B.S. in chemistry from the Georgia Institute of Technology. He is admitted to the bars of Texas, Illinois, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court of the United States.
Foreign Influence Operations and National Security
Margaret Harker, Park MacDougald, Vincent Vitkowsky
Foreign influence operations have become increasingly important in geopolitical competition and American national security. China...
Topics
Trade Policy Review of the People’s Republic of China
Last week, the World Trade Organization conducted its ninth review of the trade policies and...
Are Some Legal Positions Indefensible?
Milwaukee Lawyers Chapter
Milwaukee, WIAmerican Trade Law in a Post-WTO Appellate Body World
Jamieson Greer, Trevor R. Jones, David J. Ross
For decades, the WTO Appellate Body regularly ruled that American laws violated the various WTO...
American Trade Law in a Post-WTO Appellate Body World
Jamieson Greer, Trevor R. Jones, David J. Ross
For decades, the WTO Appellate Body regularly ruled that American laws violated the various WTO...
American Trade Law in a Post-WTO Appellate Body World
TeleforumTopics
National Security Disputes Continue at World Trade Organization
On January 26, 2023, the United States filed a communication notifying the World Trade Organization’s...
Deep Dive Episode 206 – Intellectual Property in a Pandemic: The Proposed COVID-19 WTO Waiver
Andrei Iancu, David J. Kappos, Arti K. Rai, Saurabh Vishnubhakat
In October 2020, India and South Africa filed a request at the World Trade Organization...
Intellectual Property in a Pandemic: The Proposed COVID-19 WTO Waiver
Andrei Iancu, David J. Kappos, Arti K. Rai, Saurabh Vishnubhakat
In October 2020, India and South Africa filed a request at the World Trade Organization...
Intellectual Property in a Pandemic: The Proposed COVID-19 WTO Waiver
A Regulatory Transparency Project Webinar
Teleforum