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2016 SCIPR Speakers

Thursday, September 22, 2016

SCIPR 2016 Speaker

The Honorable Timothy B. Dyk
Circuit Judge, U.S. Court of Appeals for the Federal Circuit

The Honorable Timothy B. DykTimothy B. Dyk was appointed by President William J. Clinton in 2000. Prior to his appointment, Judge Dyk was Partner and Chair, Issues and Appeals Practice Area, at Jones, Day, Reavis & Pogue from 1990 to 2000. He was Adjunct Professor at Yale Law School from 1986 to 1987 and 1989, at the University of Virginia Law School in 1984 and 1985, and from 1987 to 1988, and at the Georgetown University Law Center in 1983, 1986, 1989 and 1991. Judge Dyk was Associate and Partner, Wilmer Cutler & Pickering from 1964 to 1990. From 1963 to 1964, Judge Dyk served as Special Assistant to Assistant Attorney General Louis F. Oberdorfer. He also served as Law Clerk to Chief Justice Warren from 1962 to 1963, and to Justices Reed and Burton (retired) from 1961 to 1962. Judge Dyk received an A.B. from Harvard College in 1958 and an LL.B. from Harvard Law School in 1961. He was First President of the Edward Coke Appellate Inn of Court from 2000 to 2001 and President of the Giles Sutherland Rich Inn of Court from 2006 to 2007. He was the recipient of the 2012 American Inns of Court Professionalism Award for the Federal Circuit and the 2016 Honorable William C. Conner Inn of Court Excellence Award. Judge Dyk is the co-author of the Chapter on Patents in the Third Edition of the treatise, Business and Commercial Litigation in Federal Courts.


Professors

Graeme Dinwoodie

Professor Graeme B. DinwoodieGraeme B. Dinwoodie is the Professor of Intellectual Property and Information Technology Law at the University of Oxford, Director of the Oxford Intellectual Property Research Centre, and a University Professor at Chicago-Kent College of Law. He has previously taught at the National University of Singapore (as the Yong Shook Lin Professor in Intellectual Property Law), New York University University School of Law (as a Global Visiting Professor of Law), the University of Pennsylvania School of Law, and the University of Cincinnati College of Law. Immediately prior to taking up the IP Chair at Oxford, Professor Dinwoodie was for several years a Professor of Law at Chicago-Kent College of Law and, from 2005-2009, also held a Chair in Intellectual Property Law at Queen Mary College, University of London. Professor Dinwoodie holds law degrees from the University of Glasgow, Harvard Law School (where he was a John F. Kennedy Scholar), and Columbia Law School (where he was a Burton Fellow). He is an elected member of the American Law Institute, and served as President of the International Association for the Advancement of Teaching and Research in Intellectual Property from 2011-2013. In 2008, the International Trademark Association awarded Professor Dinwoodie the Pattishall Medal for Teaching Excellence in Trademark Law. He is the author of numerous articles and books on trade mark law and on international and comparative intellectual property law.

John Duffy

Professor John DuffyJohn F. Duffy is the Samuel H. McCoy II Professor of Law at the University of Virginia School of Law. Professor Duffy received an A.B. in physics from Harvard College in 1985 and a J.D. from the University of Chicago in 1989. Prior to entering academics, Professor Duffy clerked for Stephen Williams on the United States Court of Appeals for the D.C. Circuit and for Justice Scalia on the United States Supreme Court and served as an Attorney-Advisor in the Department of Justice's Office of Legal Counsel. Professor Duffy is the co-author of a casebook on patent law, Patent Law and Policy (6th ed. 2013) (with Robert Patrick Merges) and has published articles on a wide range of regulatory and intellectual property issues in journals such as University of Chicago Law Review, Columbia Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. In the field of intellectual property, Professor Duffy has been identified as one of 25 most influential people in nation (by the U.S. publication The American Lawyer) and one of the 50 most influential people in the world (by the U.K. publication Managing Intellectual Property).

Jay Kesan

Professor Jay KesanJay P. Kesan is a Professor at the University of Illinois, College of Law where he is H. Ross & Helen Workman Research Scholar and Director of the Program in Intellectual Property and Technology Law. At the University of Illinois, Professor Kesan is appointed in the College of Law, the Department of Electrical & Computer Engineering, the Information Trust Institute, the Coordinated Science Laboratory, and the College of Business. He served as one of the inaugural Thomas A. Edison Scholars at the U.S. Patent and Trademark Office (USPTO). He has been actively involved in virtually every aspect of patent litigation as counsel, technical expert, legal expert, Special Master, and appellate counsel. Professor Kesan received his J.D. summa cum laude from Georgetown University, where he received several awards including Order of the Coif and served as associate editor of the Georgetown Law Journal. After graduation, he clerked for Judge Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit. Prior to attending law school, Jay Kesan - who also holds a Ph.D. in electrical and computer engineering from the University of Texas at Austin - worked as a research scientist at the IBM T.J. Watson Research Center in New York. He is a registered patent attorney and practiced at the former firm of Pennie & Edmonds LLP in the areas of patent litigation and patent prosecution. In addition, he has published numerous scientific papers, and he has obtained several patents in the U.S. and abroad. His recent publications can be found on SSRN (Social Science Research Network) at http://www.ssrn.com.

Edward Lee

Professor Edward Lee Professor Lee teaches international intellectual property law, copyright law, and trademark law. He joined IIT Chicago-Kent's faculty in 2010 as a professor of law and director of the Program in Intellectual Property Law. He was a visiting faculty member at Chicago-Kent during the fall 2009 term from The Ohio State University Moritz College of Law, where he was a professor of law. Professor Lee's research focuses on the ways in which the Internet, technological development, and globalization challenge existing legal paradigms. He also writes extensively about the Framers' understanding of the Free Press Clause as a limit on using the Copyright Clause to restrict technologies. In addition to numerous articles, he co-authored a leading casebook with Daniel Chow titled International Intellectual Property: Problems, Cases, and Materials (West Group 2006).

Irina Manta

Professor Irina MantaProfessor Irina Manta is a Professor of Law and Founding Director of the Center for Intellectual Property Law at the Maurice A. Deane School of Law at Hofstra University. Her research examines the intersection between intellectual property law and social science, with a focus on psychology. She has most recently written about the hedonic value of trademarks and its legal implications, takings in the patent context, price discrimination through software licensing in the age of the Internet of Things, and the role of criminal sanctions in intellectual property. Professor Manta has published or has forthcoming work in the Emory Law Journal, William & Mary Law Review, Iowa Law Review, Alabama Law Review, Boston College Law Review, Ohio State Law Journal, Washington and Lee Law Review, Harvard Journal of Law & Technology, Stanford Technology Law Review, Florida Law Review, SMU Law Review, Arizona Law Review, and Cornell Law Review Online, among others. She is also a co-author for a textbook on criminal law issues in intellectual property. Professor Manta has further been a guest blogger for PrawfsBlawg and for Concurring Opinions. In 2014, she received the Lawrence A. Stessin Prize for Outstanding Scholarly Publications, which is awarded to two junior faculty members across all disciplines at Hofstra University.

Jason Rantanen

Professor Jason RantanenJason Rantanen is a Professor at the University of Iowa College of Law. He writes in the areas of patents, federal courts, and empirical legal studies. Professor Rantanen has authored numerous articles and book chapters that address the law from both practical and theoretical perspectives, and his scholarship has appeared in the USC Law Review, Florida Law Review, Washington & Lee Law Review, American University Law Review, Michigan State Law Review, and Stanford Technology Law Journal, among others. He is also a co-author of the widely-read PatentlyO law blog. In addition to his teaching and scholarship work, Professor Rantanen is the faculty advisor for the Iowa Intellectual Property Law Society student group and a member of the Iowa Innovation, Business & Law Center. He also chairs the law school's judicial clerkship committee. For the 2016-17 academic year, Professor Rantanen will teach Trademarks & Unfair Competition and the Innovation, Business and Law Colloquium in the fall, and Introduction to Intellectual Property and Administrative Law in the spring. He will also co-teach the year-long interdisciplinary Iowa Medical Innovation Group course.

Greg Reilly

Greg ReillyGreg Reilly is an Assistant Professor of Law at Chicago-Kent College of Law. His research and teaching interests are at the intersection of intellectual property and federal courts/procedure, with a particular focus on how institutions and decision makers resolve patent disputes. His projects have focused on the fit between patent doctrines and the relevant decision makers; patent claim construction; patent litigation reform; and the efforts of the Eastern District of Texas to attract patent cases. Professor Reilly's work has been published in the Boston University Law Review, Southern California Law Review, Washington University Law Review, and Notre Dame Law Review. Professor Reilly was previously a Harry A. Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago Law School, a patent litigation and appellate associate at Morrison & Foerster LLP, and a law clerk for Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit. He graduated magna cum laude from Harvard Law School and summa cum laude from Georgetown University.

Matthew Sag

Professor Matthew SagMatthew Sag is a Professor of Law and Associate Director for Intellectual Property of Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law. Professor Sag's research focuses on intellectual property and its intersection with technology and competition law. His work has been published in leading journals such as Nature, the California Law Review, the Northwestern Review and the Georgetown Law Journal. Professor Sag's research on copyright and fair use has been widely cited in academic works, court submissions, judicial opinions and government reports. Professor Sag is also widely recognized for his contributions to empirical studies of IP litigation.


Counsel

Ishan Bhabha

Ishan BhabhaIshan K. Bhabha is an associate in the litigation department and a member of the Appellate and Supreme Court Practice Group at Jenner & Block. Since joining the firm in 2012, his practice has focused on complex issues of constitutional and administrative law. Mr. Bhabha's practice has spanned a wide variety of substantive areas including securities, media, communications, aerospace, energy and education. Mr. Bhabha has also worked extensively with startup companies and has helped them navigate the intersection between innovative technologies and existing regulatory structures. He has served as the lead associate in matters pending before the U.S. Supreme Court, federal and state trial and appellate courts, and arbitral tribunals. Mr. Bhabha also has an active pro bono practice. He has presented oral argument on behalf of criminal defendants twice in the U.S. Court of Appeals for the Seventh Circuit, and once in both the U.S. Court of Appeals for the District of Columbia Circuit and the District of Columbia Superior Court.

John Bursch

John BurschJohn Bursch is a Michigan-based solo practitioner who represents Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. This fall, he will be arguing his 10th U.S. Supreme Court case since 2011 (Star Athletica v. Varsity Brands). John has received three "Best Brief Awards" for his work in the Supreme Court, and a recent study concluded that over the past four Supreme Court Terms, John was one of the most successful attorneys in the country at persuading the Court to grant review. On the merits, he has compiled a Supreme Court record that the National Law Journal observed "even more veteran high court advocates would envy." John can be reached at (616) 450-4235 and jbursch@burschlaw.com, or through his website, www.burschlaw.com.

Craig Countryman

Craig CountrymanCraig is a principal with Fish & Richardson P.C. in its San Diego office. His practice includes a mix of appellate and trial court work, and he was counsel for Halo Electronics in the Supreme Court's recent decision Halo Electronics, Inc. v. Pulse Electronics, Inc. Craig has led the briefing in over 30 appeals at the Federal Circuit in cases involving a range of technologies, including glaucoma drugs, spinal implants, coronary guidewires, power supply controller chips, network security, and genetic testing. He has written dozens of articles on various topics in patent law, including post-grant review, ITC jurisdiction, inequitable conduct, obviousness, damages, and inducement. Craig holds a degree in Chemistry from Caltech and graduated from UCLA Law School.

Charles Duan

Charles DuanCharles Duan is the Director of Public Knowledge's Patent Reform Project, where he focuses on patent policy and promoting technological innovation. Before joining PK, he was a technology policy research fellow with the University of Colorado, on a project funded by the National Science Foundation. He also was a former Silicon Valley startup software developer, and a patent attorney practicing in Southern California. As an attorney he prosecuted and litigated patents, often on behalf of startups and small companies in the information technology industry. He is a registered patent attorney with the United States Patent and Trademark Office, where he has drafted and prosecuted hundreds of patent applications. Charles received his J.D. from Harvard Law School, and holds an A.B. in Computer Science, magna cum laude, from Harvard College. In his spare time he is an Ikea furniture hacker.

Robert Hochman

Robert HochmanRobert N. Hochman is an appellate advocate with a wealth of experience persuading appellate courts in high stakes litigation. In a recent report by Reuters, he was identified as one of a "small group of lawyers with outsized influence at the Supreme Court." He has earned the trust and confidence of several of the world's most respected businesses. His clients reflect a diverse range of industries including computer software, medical devices, life sciences, banking, insurance and financial services, air and rail transportation, and others. He has won appeals before the U.S. Supreme Court, state Supreme Courts and federal and state appellate courts covering a broad range of issues, including patent law, class action standards, federal preemption, pleading standards, state tax and regulatory standards, contract disputes, and others. Rob's effective advocacy had led to appellate victories reinstating a $800 million arbitration award in favor of Seagate (Seagate Technology LLC v. Western Digital Corp. (Minn. 2014)), and reversing two awards greater than $500 million against Microsoft regarding claims of infringement against various of its software products (Lucent Techs. v. Microsoft, (Fed. Cir. 2009) and Eolas Techs. Inc. v. Microsoft Corp. (Fed Cir. 2005).

Sharon Hwang

Sharon HwangSharon A. Hwang is a partner at McAndrews, Held & Malloy, Ltd., where she focuses her practice on patent litigation and intellectual property counseling. For more than twenty years, Sharon has represented patentees and defendants in high-stakes patent litigation in federal district courts, the United States Federal Court of Appeals for the Federal Circuit, and the United States Supreme Court. She has been recognized as an Illinois Super Lawyer, an IP Star, and was previously recognized as one of the "Best Lawyers Under 40" in the country by the National Asian Pacific American Bar Association. During the past term of the United States Supreme Court, Sharon served as counsel for Petitioners in a closely-watched case involving the standard for awarding enhanced damages under the Patent Act. The underlying jury verdict in that same case was one of National Law Journal's Top Verdicts of 2013.

Andrew Silverman

Andrew SilvermanAndrew Silverman is a Senior Associate in Supreme Court and Appellate Group at Orrick, Herrington, and Sutcliffe LLP. Andrew handles matters primarily in the Supreme Court of the United States and other appellate courts while also assisting in brief writing and motion practice in trial courts. Though Andrew works on matters across practice areas, his primary focuses are patent and copyright matters. Andrew was one of the lead attorneys in Kirtsaeng II. After the Supreme Court's landmark decision in Kirtsaeng I, holding that the "first sale" doctrine protects the resale and importation of copyrighted works sold abroad, Kirtsaeng requested his attorneys' fees for his successful pursuit of his meritorious defense. Andrew led the briefing and argued the appeal of the denial of Kirtsaeng's fees in the Second Circuit and then successfully petitioned the Supreme Court to take the case to consider the appropriate standard for awarding fees to prevailing parties in copyright cases. The Supreme Court vacated the Second Circuit's adverse decision, authorizing Kirtsaeng to again pursue his attorneys' fees.

Scott Weidenfeller

Scott WeidenfellerScott C. Weidenfeller is Senior Counsel for Patent Law and Litigation, Office of the Solicitor, USPTO. Mr. Weidenfeller was the lead attorney in Cuozzo. His primary responsibilities include managing litigation against the USPTO involving the AIA, including challenges to PTAB post-issuance proceedings. He also oversees the USPTO's decisions whether to intervene in appeals from PTAB decisions in both AIA post-issuance proceedings and inter partes reexaminations, and he has advised the USPTO regarding the rules governing post-issuance proceedings. Mr. Weidenfeller was previously an Associate Solicitor in the Solicitor's Office. Prior to joining the USPTO, Mr. Weidenfeller was in private practice at Covington & Burling LLP and a law clerk to the Honorable Timothy B. Dyk.


Moderators

Dr. David Clough

Dr. David CloughDavid W. C lough, Ph.D., is a partner in Morgan, Lewis & Bockius' Litigation and Intellectual Property Practices. Dr. Clough received a B.S. from the University of Arizona, a Ph.D. in Microbiology from the Medical College of Wisconsin, and a J.D. from IIT Chicago-Kent College of Law. Prior to attending law school, Dr. Clough served on the faculties of the University of Illinois at Chicago College of Medicine and the Northwestern University Medical School, and he was a postdoctoral fellow in the Department of Microbiology and Molecular Genetics and the Department of Pediatrics at Harvard Medical School. As an intellectual property attorney, Dr. Clough counsels biotechnology and pharmaceutical companies on the acquisition and enforcement of intellectual property rights worldwide and the design and implementation of global intellectual property strategies.

Bart Lazar

Bart LazarBart Lazar is a partner in the Chicago office of Seyfarth Shaw LLP. He counsels clients in copyright, trademark, data privacy and security, advertising, promotion, and related matters. Mr. Lazar has been involved in many cases of first impression, including helping to obtain the first asset freeze injunction in a trademark counterfeiting matter, defending the first Internet privacy case brought by the Federal Trade Commission and the first database security breach case brought by the New York Attorney General. Mr. Lazar received a B.A. from the University of Chicago, a J.D. from IIT Chicago-Kent College of Law (with honors), and an LL.M. in trade regulation from NYU School of Law. Mr. Lazar was the first recipient of Chicago-Kent's Distinguished Intellectual Property Law Alumnus Award.

Joseph Oldaker

Joseph OldakerMr. Oldaker is an attorney at the firm of Nelson Bumgardner, P.C. located in Orland Park, Illinois, where his practice focuses primarily on patent litigation matters. Prior to joining Nelson Bumgardner, Mr. Oldaker gained experience in both the in-house and law firm settings, where he focused on advising clients in the areas of intellectual property, mergers and acquisitions, research grant compliance, and corporate compliance. He is also an adjunct professor at Chicago-Kent College of Law, where he co-teaches a course in Patent Litigation. Mr. Oldaker holds a Juris Doctorate from Chicago-Kent College of Law at Illinois Institute of Technology, where he graduated with a Certificate in Intellectual Property and was a fellow of the Chicago Intellectual Property Colloquium. He also holds a Bachelor of Science in Biochemistry from the University of Illinois at Chicago. Mr. Oldaker is admitted to practice in Illinois and several federal courts. He is also registered to practice before the United States Patent and Trademark Office.

Ann Palma

Ann PalmaAnn C. Palma is a partner with McDonnell Boehnen Hulbert & Berghoff LLP. Ms. Palma's practice includes many areas of intellectual property law, including patent and trademark litigation, counseling, and prosecution. In particular, Ms. Palma has significant experience in all facets of litigation and has represented clients spanning a diverse range of technologies, with a concentration in matters involving pharmaceuticals, medical devices, and software. Her practice also includes inter partes review (IPR) procedures before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. Ms. Palma also maintains an active patent and trademark prosecution practice, preparing and prosecuting U.S. and foreign patent applications on behalf of clients worldwide. She has experience drafting patent applications in the pharmaceutical, consumer product, food science, material science, and chemical areas. Ms. Palma also provides technological advice in support of validity, infringement, and patentability analyses for a wide range of technologies, with a particular interest in the field of chemical consumer products. Ms. Palma currently serves as a member of the firm's Recruiting Committee. Prior to embarking on her legal career, Ms. Palma had professional experience at BP America, Inc. and Human Genome Sciences, Inc.

Christopher Schmidt

Christopher SchmidtA member of the IIT Chicago-Kent faculty since 2008, Professor Schmidt teaches in the areas of constitutional law, legal history, comparative constitutional law, and sports law. He has written on a variety of topics, including the political and intellectual context surrounding the U.S. Supreme Court's landmark decision in Brown v. Board of Education, the Tea Party as a constitutional movement, how Supreme Court justices communicate with the American people, the Supreme Court's decision in the health care case, and the rise of free agency in Major League Baseball. He is currently writing a book on the legal history of the student lunch counter sit-in movement of 1960. Professor Schmidt is also a faculty fellow at the American Bar Foundation, where he serves as the editor of Law & Social Inquiry. Professor Schmidt has received fellowships from the American Society for Legal History, the Miller Center of Public Affairs at the University of Virginia, and the Center for American Political Studies at Harvard. His article Divided by Law: The Sit-Ins and the Role of the Courts in the Civil Rights Movement won the 2014 Association of American Law Schools' Scholarly Papers Competition.

Robert Surrette

Robert SurretteRobert Surrette is a shareholder in the Chicago office of McAndrews, Held & Malloy Ltd. Mr. Surrette focuses his practice on the resolution of intellectual property and technology-related disputes with an emphasis on patent, trademark, trade secret, and trade dress litigation. He also regularly advises clients on patent portfolio development, the acquisition and development of intellectual property, and the structuring of transactions for the transfer of intellectual property. Mr. Surrette graduated with Highest Honors from IIT Chicago-Kent College of Law, where he served as Executive Notes and Comments Editor for the Chicago-Kent Law Review. After graduation, Mr. Surrette clerked for the Honorable John A. Nordberg of the District Court for the Northern District of Illinois. Prior to attending law school, he earned a B.S. in mechanical engineering from the University of Massachusetts and both an M.S. in mechanical engineering and an M.B.A. from Rensselaer Polytechnic Institute.