2019 SCIPR Speakers

Friday, September 20, 2019

SCIPR 2019 Address

Donald B. Verrilli Jr.

Donald B. Verrilli Jr.Verrilli served as solicitor general of the United States from 2011 to 2016. His landmark victories included his successful advocacy in defense of the Affordable Care Act, for marriage equality, and in favor of federal preemption authority in the immigration field.

Before serving as solicitor general, Verrilli served as deputy White House counsel, and previously as an associate deputy attorney general at the U.S. Department of Justice. In those positions, he counseled the president and senior government officials on a wide range of legal issues involving national security, economic regulation, domestic policy, and the scope of executive and administrative authority.

Verrilli joined Munger, Tolles & Olson in October 2016 to found its Washington, D.C., office. Verrilli’s practice focuses on Supreme Court and appellate litigation in addition to representing and counseling clients on multi-dimensional problems where litigation, regulation, and public policy intersect to shape markets and industries in our evolving economy. He also achieved important victories in two patent cases, Alice Corp. v. CLS Bank International and Association for Molecular Pathology v. Myriad Genetics, and one copyright case, Golan v. Holder, as well as MGM Studios, Inc. v. Grokster, when he worked in private practice.  

Verrilli earned his J.D. with honors in 1983 from Columbia Law School and was editor-in-chief of the Columbia Law Review. He earned his B.A. in 1979 from Yale University.  He clerked for Justice William J. Brennan Jr. of the U.S. Supreme Court from 1984 to 1985 and for Judge J. Skelly Wright of the U.S. Court of Appeals, D.C. Circuit, from 1983 to 1984.

 

Panelists

Robert Brauneis

Robert BrauneisBrauneis is professor of law and co-director of the Intellectual Property Program at the George Washington University Law School. After earning his J.D. magna cum laude at Harvard Law School, he served as a law clerk to Judge Stephen G. Breyer, who was then on the United States Court of Appeals for the First Circuit, and to U.S. Supreme Court Justice David H. Souter. Brauneis has also served as an assistant corporation counsel for the City of Chicago. Brauneis’s teaching and scholarly interests include copyright, trademark, property, and constitutional law. He is the co-author of a leading casebook on copyright law and of numerous articles on copyright, trademark, and constitutional law. He is a member of the managing board of the Munich Intellectual Property Law Center, and has served as a trustee of the Copyright Society of the USA, as president of the Giles S. Rich American Inn of Court, and as the inaugural Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. 

Megan M. Carpenter

Megan M. CarpenterCarpenter is the dean of the University of New Hampshire Franklin Pierce School of Law. Carpenter is an internationally known expert in intellectual property, with particular interests in entrepreneurship, branding, and the arts. Previously, she was founder and co-director of the Center for Law and Intellectual Property at Texas A&M University School of Law, where she also served as a professor of law and the faculty director of three intellectual property and entrepreneurship-related clinical programs. She writes and publishes in the area of intellectual property and innovation. She is the author of the book Entrepreneurship and Innovation in Evolving Economies: The Role of Law. Carpenter has written multiple book chapters and has published works in the Hastings Law Journal, Fordham Law Review, Columbia Journal of Law & the Arts, Vanderbilt Journal of Entertainment and Technology Law, and Yale Human Rights and Development Journal. She has received multiple awards for her dedication to students, her skills in program development, and her service to the university and the community. Throughout her career, Carpenter has engaged intellectual property law with underserved communities such as early-stage entrepreneurs, musicians, and grassroots arts organizations. Carpenter practiced law at Kirkpatrick & Lockhart (now K&L Gates), where she represented clients on a variety of intellectual property and technology-related issues.

Ruthanne Deutsch

Ruthanne DeutschAfter earning her Ph.D. in economics from Yale University and working for more than a decade as an international development economist, Deutsch retooled as a lawyer, graduating from Georgetown University Law Center summa cum laude in 2004. She then served as a law clerk for Judge Timothy B. Dyk of the United States Court of Appeals for the Federal Circuit, and after a few years in private practice, for Justice Ruth Bader Ginsburg of the U.S. Supreme Court. Dedication to sharp analysis and effective writing have been the constants throughout Deutsch’s professional life, whether in her first incarnation as an economist or now as an appellate lawyer. Her legal experience includes appearances before the U.S. Supreme Court and before federal and state appellate courts throughout the country. She has particular expertise in the areas of federal jurisdiction, federal practice and procedure, administrative law, public international law, federal consumer protection law, and patent and tort cases involving legal questions of first impression. In 2016 after stints in the private sector, the government, and legal academia, Deutsch, together with her partner Hyland Hunt, launched Deutsch Hunt PLLC, an appellate boutique. There, she briefs and argues appeals, and also provides high-level appellate and legal counseling services.

Laura Heymann

Laura HeymannHeymann is Chancellor Professor of Law at William & Mary Law School. She joined the faculty in 2005, and was the Class of 2014 Professor of Law from 2011 to 2014. She writes and teaches in the areas of trademark law and copyright law. Heymann also teaches Torts and Law and Sexuality. Prior to her appointment, Heymann was the inaugural Frank H. Marks Visiting Associate Professor of Law and Administrative Fellow in the Intellectual Property Law Program at the George Washington University Law School. She has also served as an assistant general counsel at America Online, Inc.; as an associate at Wilmer, Cutler and Pickering (now Wilmer Cutler Pickering Hale and Door) in Washington, D.C.; and as a law clerk to Judge Patricia M. Wald of the United States Court of Appeals for the District of Columbia Circuit. Heymann was the recipient of William & Mary's Walter L. Williams Jr. Memorial Teaching Award in 2008; the university’s Thomas Jefferson Teaching Award in 2012; the university's Plumeri Award for Faculty Excellence in 2012; and the law school’s John Marshall Award for service in 2019. She served as vice dean of the law school from 2013 to 2017.

Steven Horowitz

Steven HorowitzSteven Horowitz is a partner in the Chicago office of Sidley Austin, where he represents technology and life sciences companies in trials and appeals concerning patents and competition.  Prior to joining Sidley Austin, Horowitz graduated first in his class from Harvard Law School and clerked for Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit and Justice Anthony Kennedy of the U.S. Supreme Court.

 

Camilla A. Hrdy

Camilla A. HrdyHrdy is an associate professor of law at the University of Akron School of Law. Her primary teaching areas are intellectual property law, trade secret law, trademark law, patent law, and state and civil procedure (due process and federalism). Previously, she was a resident fellow at the Yale Law School Information Society Project and a teaching fellow at the University of Pennsylvania Law School Center for Technology, Innovation, and Competition. Hrdy’s research focuses on the role of federal, state, and local governments in promoting innovation and economic development; patent law history; the law and policy of trade secrets and unfair competition; and the relationship between intellectual property law, innovation, and human well-being. Her legal scholarship has received several awards, including two Thomas G. Byers Memorial Awards for Outstanding Faculty Scholarly Publication from Akron Law. She twice received a Thomas Edison Innovation Fellowship and grant from George Mason University Antonin Scalia Law School. She is a regular blogger on the IP scholarship blog Written Description. Hrdy holds a J.D. from the  University of California, Berkeley School of Law; a B.A. from Harvard University; and an M.Phil. from the University of Cambridge. She has received awards for her non-legal writing, including Harvard’s Hoopes Prize and a Redhead Prize from Cambridge's Department of History and Philosophy of Science. She clerked for United States District Judge Janis Graham Jack in the Southern District of Texas.

Tonja Jacobi

Tonja JacobiJacobi is a professor of law at the Northwestern University Pritzker School of Law. She has a Ph.D. degree in political science from Stanford University, a master’s degree from the University of California, Berkeley, and a law degree with first class honors from the Australian National University. Jacobi specializes in United States Supreme Court judicial behavior and public law. Her areas of interest include judicial politics, Supreme Court oral arguments, criminal procedure, and constitutional law. Combining doctrinal, empirical, and formal analysis, Jacobi examines how judges respond to institutional constraints. She has published her scholarship in more than 40 peer-reviewed and law review journals, and is the co-founder of ScotusOA.com, a website devoted to empirical analyses of Supreme Court oral arguments.

William Jay

William JayWilliam Jay is co-chair of the appellate practice at Goodwin Procter LLP and head of litigation in the firm’s Washington, D.C., office. A former assistant to the United States solicitor general (2007–12), Jay has argued 17 cases before the U.S. Supreme Court, including last term, when he represented the winning party in the on-sale bar case Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. He has argued a number of other significant intellectual-property cases before the Supreme Court as well, spanning patent, copyright, and trademark law (Teva v. Sandoz, Star Athletica, B&B Hardware, TC Heartland).  Jay has filed briefs in 50 Supreme Court cases at the merits stage and more than 150 cases at the certiorari stage. Jay has also handled cases in the U.S. Court of Appeals for the Federal Circuit, every other U.S. court of appeals, and a number of state appellate courts. Jay clerked for Justice Antonin Scalia of the U.S. Supreme Court and for Judge Diarmuid O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit.  He graduated from Harvard Law School, where he was executive editor of the Harvard Law Review.

Edward Lee

Edward LeeLee teaches international intellectual property law, copyright law, design law, and trademark law at Chicago-Kent College of Law. He joined 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. Lee’s research focuses on the ways in which the internet, technological development, and globalization challenge existing legal paradigms. His current research focuses on music copyright lawsuits, as well as on the intersection between national artificial intelligence policies and intellectual property laws. In addition to numerous articles, he co-authored a leading casebook, with Daniel Chow, titled International Intellectual Property: Problems, Cases, and Materials (Third Edition, West Group 2018) and The Law of Design: Design Patent, Trademark, & Copyright (West 2017) with Mark McKenna and David Schwartz.

Joseph S. Miller

Joseph S. MillerMiller is a professor of law at the University of Georgia School of Law, where he teaches patent law, antitrust law, and other intellectual property-related courses. He joined the Georgia Law faculty in 2011, after teaching for nearly a decade at Lewis & Clark Law School in Portland, Oregon. His research emphasizes a competition-based perspective on IP law, emphasizing the way it intertwines with antitrust. More recently, he has focused on exploring the United States Supreme Court’s case citation practices, and the doctrinal patterns they create, with the tools of network analysis. He graduated from Northwestern University Law School in 1994. He also clerked for Judge Paul Redmond Michel of the United States Court of Appeals for the Federal Circuit (1994–96), practiced at Sidley Austin’s Chicago and Washington, D.C., offices, and worked for a year in the U.S. Department of Justice’s Antitrust Division (2000–01).

Richard Rainey

Richard RaineyRainey is a partner in the Washington, D.C., office of Covington & Burling LLP. Rainey focuses on trials and appeals of intellectual property disputes. He has been lead counsel in a number of high-profile patent infringement cases before district courts and the United States International Trade Commission, and has been involved in more than 75 appeals in patent cases to the United States Court of Appeals for the Federal Circuit. Before entering private practice, Rainey served as a law clerk to Judge Roderick R. McKelvie of the U.S. District Court for the District of Delaware and Chief Judge Randall Ray Rader of the U.S. Court of Appeals for the Federal Circuit. He also served for three and a half years as General Electric’s chief intellectual property litigator. Rainey holds a law degree from the George Washington University Law School, where he currently teaches patent enforcement, and an engineering degree from Massachusetts Institute of Technology.

Guy A. Rub

Guy A. RubA professor of law at the Ohio State University Moritz College of Law, Rub is an expert in the intersection between intellectual property law, contract law, and economic theory. His work explores how markets shape and are being shaped by intellectual property law. His publications have appeared in the University of Chicago Law Review, UCLA Law Review, Yale Law Journal Forum, and Virginia Law Review, among others. He has presented his work extensively both domestically and abroad.

 

Laura Pedraza-Fariña

Laura Pedraza-FariñaPedraza-Fariña joined the Northwestern University Pritzker School of Law faculty in 2013 as an associate professor of law. She is also a faculty affiliate of the Science in Human Culture program at Northwestern. She received her J.D. from Harvard Law School and her Ph.D. in genetics from Yale University. Her research interests include intellectual property, patent law, and international organizations. Her scholarship on intellectual property law uses the methodology of history and sociology of science and technology to analyze and inform the design of patent law. Her current projects include an analysis of the implications of sociological studies on tacit scientific knowledge for the disclosure theory of patent law, and a study of how the specialized court structure of patent law influences the content of patent decisions.

Mark A. Perry

Mark A. PerryPerry 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. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the United States Supreme Court—including winning landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and in the federal courts of appeals. He has served as chief appellate counsel to Fortune 100 companies and appears frequently in federal district courts. Perry has been recognized by Best Lawyers in America in the fields of appellate practice and securities/capital markets law, named a National Litigation Star for appellate and general commercial by Benchmark Litigation, identified in the appellate category by Super Lawyers, and ranked in the national appellate category by Chambers USA. Perry has been recognized as the Appellate Lawyer of the Year by Benchmark Litigation, identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by the American Lawyer. He is also a fellow of the Litigation Counsel of America. Perry served as a law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and to Judge Alex Kozinski of the U.S. 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 U.S. 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, Berkeley.

Matthew Sag

Matthew SagSag is the associate dean for faculty research and development and the Georgia Reithal Professor of Law at Loyola University of Chicago School of Law, where he is also the associate director for intellectual property of the Institute for Consumer Antitrust Studies. Sag is an expert in copyright law and intellectual property. He is currently working on a book on the fair-use doctrine and a series of empirical papers using text-mining and machine-learning tools to study judicial behavior. Sag is the co-founder of ScotusOA.com, and he is an advisory board member of the HathiTrust Research Center.

Philippa (Pippa) Scarlett

Philippa (Pippa) ScarlettScarlett is an executive with more than 15 years of private sector and government experience developing and implementing solutions—whether by litigation or by setting policy— for complex, high-stakes challenges. Before her current role in the private sector, she served in the White House during the Obama administration managing intellectual property enforcement policy across the federal government. Before that, Scarlett served as deputy associate attorney general at the United States Department of Justice. As a member of the DOJ’s senior leadership team, she managed enforcement matters of the civil rights division, antitrust division, Access to Justice Office, and IP matters.  Earlier, Scarlett was a partner at Kirkland & Ellis LLP, where she litigated high-stakes matters in trial and appellate courts. Her pro bono practice included high-profile voting rights, affirmative action, and poverty law matters. She was featured by the National Law Journal among the top Minority 40 Under 40 attorneys in the country for her work. Scarlett clerked for Justice Stephen Breyer of the U.S. Supreme Court and for Judge Ann C. Williams of the U.S. Court of Appeals for the Seventh Circuit. She holds degrees from Stanford University, Harvard University, and Columbia Law School. Her civic engagement includes serving on the board of directors of the American Constitution Society, Center for Democracy & Technology, National Partnership for Women & Families, and the March on Washington Film Festival. 

Jessica Silbey

Jessica SilbeySilbey is a professor of law at Northeastern University School of Law in Boston, where she is a co-director of the Center for Law, Innovation and Creativity. She is core faculty at the NuLab for Maps, Texts, and Networks, and is also an affiliate professor of English in the College of Social Sciences and Humanities at Northeastern. In 2018 Silbey was awarded a Guggenheim Fellowship for her interdisciplinary work in law and the humanities. Her scholarship focuses on the empirical and humanistic dimensions of the legal regulation of creative and innovative work. She studies common and conflicting narratives within creative and innovative communities and the intellectual property law and policy that purport to regulate them. Her most recent book is The Eureka Myth: Creators, Innovators and Everyday Intellectual property (Stanford University Press 2015). She is working on another book called Against Progress: Intellectual Property and Fundamental Values in the Internet Age (Stanford University Press 2020). Silbey has been a distinguished lecturer at the University of Washington (Shidler Lecture) and at the Willson Center for Humanities and Arts at the University of Georgia. She was a faculty associate at the Berkman Klein Center for Internet and Society at Harvard University, and is currently an affiliate fellow at the Yale Law School's Information Society Project. She received her B.A. from Stanford University and her J.D. and Ph.D. (comparative literature) from the University of Michigan. She clerked for Judge Robert E. Keeton of the United States District Court for the District of Massachusetts and Judge Levin Campbell of the United States Court of Appeals for the First Circuit. Previously, she practiced law in the disputes department of the Boston office of Foley Hoag LLP.

John R. Sommer

John R. SommerSommer is the chief administrative officer and general counsel for Orange County, California–based street fashion brand Stussy, Inc. In addition to his work at Stussy, he handles intellectual property for a limited number of clients. One of those clients is Erik Brunetti, the successful party in Iancu v. Brunetti, a United States Supreme Court case (decided June 24, 2019). In Brunetti, the court decided that the immoral and scandalous clauses of Section 2(a) of the Lanham Act were unconstitutional infringements of the Free Speech Clause. Prior to Stussy, Sommer headed an intellectual property team at the Los Angeles office of Baker & Hostetler. Sommer is a graduate of UCLA School of Law, and earned a degree in economics from Indiana University.

Peter K. Stris

Peter K. StrisStris is the founding and managing partner of Stris & Maher LLP. Chambers USA has called him “a tactical genius and a great leveler” with clients that include “a range of plaintiffs, governmental institutions and corporate entities.” His practice, which spans both trial and appellate litigation in federal and state courts, has a significant focus on intellectual property disputes. In 2014, Reuters named Stris one of the nation’s most influential Supreme Court lawyers—the youngest oralist on that list. Next term, he will argue his ninth case before the court. A fellow of the American Academy of Appellate Lawyers and the California Academy of Appellate Lawyers, Stris has handled significant business appeals before nearly every federal circuit and several state courts. Stris has significant experience handling high-profile litigation, and frequently advises clients in matters where an effective public communications strategy is critical. Stris and his work are regularly covered by national media—including the New York Times, Wall Street Journal, and Washington Post—and has appeared on numerous television and radio shows. Stris received his J.D. from Harvard Law School, where he was an editor of the Harvard Law Review. He received his B.A. from the University of Pennsylvania, where he won the National Debating Championship.

Alfred C. Yen

Alfred C. YenYen is a professor of law and dean’s distinguished scholar at Boston College Law School, where he served as associate dean of faculty from 2015 to 2018. Yen has also served as visiting scholar at the University of Arizona since 2012, and as an invited professor at the University of Paris 1 Pantheon-Sorbonne in 2018. Yen’s works include articles about trademark and copyright law in numerous leading law reviews, as well as the casebook Copyright: Essential Cases and Materials, Third Edition (West Publishing 2016) that was co-authored with Joseph Liu. Yen also has interests in sports law, torts, and the training of business lawyers. He helped found the Conference of Asian Pacific American Law Faculty, and served as chair of the American Association of Law Schools Section on Minority Groups. Yen holds degrees from Stanford University and Harvard Law School.

 

Moderators

Grantland G. Drutchas

Grantland G. DrutchasGrantland G. Drutchas, a founder and former managing partner of McDonnell Boehnen Hulbert & Berghoff LLP, has more than 20 years of experience in the practice of intellectual property law, with a particular emphasis on litigation, licensing, and client counseling. His trial experience includes both jury and bench trials. His litigation experience encompasses disciplines ranging from recombinant DNA technology and cell signaling, pharmaceuticals, medical diagnostic instruments, and medical devices to conference phones, lampposts, and injection molds. He has also litigated trademark and trade dress infringement actions. Drutchas has been involved in many notable and precedent-setting cases. He also has extensive experience in drafting licenses and litigating license disputes.

Scott T. Schutte

Scott T. SchutteA partner at Morgan, Lewis & Bockius LLP, Scott T. Schutte represents companies and individuals in commercial and civil litigation, with an emphasis on the defense of consumer class actions in United States state and federal courts. He regularly defends consumer service providers, financial services companies, and product manufacturers against high-exposure claims, both in the class-action and commercial litigation settings. Schutte serves as managing partner of the firm’s Chicago office, a deputy chair of the firm’s global litigation practice, and co-chair of the Class Action Working Group.

Robert A. Surrette

Robert A. Surrette is a shareholder and serves as president of McAndrews, Held & Malloy, Ltd. He 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. For the last 15 years Surrette has counseled a leading global medical device manufacturer on numerous litigation and transactional matters. Surrette, building on his experience as a federal district court law clerk, has extensive experience in preparing and bringing complex intellectual property cases to trial, including overseeing all aspects of pretrial discovery, procuring and supervising experts, preparing and arguing pre-trial, dispositive and post-trial motions—including claim construction and summary judgment—and participating in multi-week trials. He also has significant experience in appellate proceedings, including arguing at the United States Court of Appeals for the Federal Circuit. Surrette also maintains an active transactional practice through which he advises clients on transactions involving the transfer of intellectual property such as mergers, asset deals, and licensing deals, and on patent portfolio development and management. He has worked in a number of diverse technology areas including surgical control systems, wrist implants, insufflators, hospital beds, surgical cutting tools, medical image capture systems, balloon angioplasty catheters, implantable cardiac pacemakers and defibrillators, as well as digital jukeboxes, electronic dartboards, exhaust systems, contact lenses, fluorescent lighting systems, and chillers.

Mary Ann L. Wymore

Mary Ann L. WymoreMary Ann L. Wymore is an officer at Greensfelder Law Firm. Her knowledge of the fast-changing communications and media industries allows her to represent clients across a range of legal issues. She handles an array of general commercial litigation, representing media organizations, businesses, advertising firms, and individuals in the areas of defamation and privacy, advertising, constitutional and technology law, unfair competition, and intellectual property law. Her intellectual property work includes matters related to trade secrets, copyrights, trademarks, and patents. She regularly litigates lawsuits arising under the Lanham Act and various state advertising and consumer protection laws in trial and appellate courts. A former journalist and instructor of journalism and communications at UCLA, she has been an adjunct professor of media law and electronic media law at Saint Louis University School of Law and a member of the American Bar Association’s Forum on Communications Law. She has written and lectured on communications and media-related issues, including social media and the Telephone Consumer Protection Act.