Thursday, September 28, 2017
SCIPR 2017 Address
Partner at WilmerHale and former U.S. Solicitor General
Solicitor general of the United States from 1997 to 2001, Seth Waxman is a partner at WilmerHale and a member of the faculty at the Georgetown University Law Center. He is a 1973 graduate (summa cum laude) of Harvard College and a 1977 graduate of Yale Law School, where he was managing editor of the Yale Law Journal.
Mr. Waxman’s practice, which spans both trial and appellate litigation in federal and state courts, includes substantial focus on intellectual property litigation, particularly patent litigation in the Federal Circuit and the Supreme Court, where he has argued 79 cases, including Samsung v. Apple, First Quality v. SCA, Life Technologies v. Promega, Sandoz v. Amgen, Commil v. Cisco, Limelight v. Akamai, Pom Wonderful v. Coca-Cola, Medtronic v. Boston Scientific, Monsanto v. Bowman, Microsoft v. i4i, eBay v. MercExchange, and Intel v. AT&T.
A fellow of the American Academy of Arts and Sciences, the American College of Trial Lawyers, the American Law Institute, and the American Academy of Appellate Attorneys, Mr. Waxman has received numerous awards for public service, scholarship, and advocacy, including the Thomas Jefferson Medal in Law and the American Bar Association’s Pro Bono Publico Award.
Supreme Court Practitioners
Ronald Coleman, partner at Archer & Greiner PC, has shaped the law relating to the use and abuse of intellectual property as a tool of competition. A leader in social media for lawyers, his blog about copyright, trademark and free speech, LIKELIHOOD OF CONFUSION®, has since its inception in 2005 become one of the most influential publications in IP law.
Author of the first article on Internet law in the ABA Journal (1995), Mr. Coleman was co-author of the chapter on "Responses to Complaints" in Business and Commercial Litigation in the Federal Courts (ABA / West Group 1998). More recently, his chapter on the interplay of rights of publicity and trademark was included in In the Arena: A Sports Law Handbook. Other publications include the Computer and Internet Law Journal, NYSBA Journaland the NJ Law Journal.
Mr. Coleman has represented clients of every size in state and federal courts, bench and jury trials, the TTAB and in arbitrations and mediations throughout the country. He has also been retained as an expert on trademark law and practice in professional liability litigation. A graduate of Princeton University, he received his J.D. from Northwestern University School of Law.
John Connell, partner at Archer & Greiner PC, practices civil litigation as first-chair trial attorney in jury and bench trials and appeals in State and federal courts. Mr. Connell's clients range from Fortune 100 companies to individuals in an array of complex commercial, employment, civil rights, communications law, health care and intellectual property matters. Mr. Connell's work has resulted in precedential reported opinions on issues of constitutional jurisprudence, as well as statutory and common law.
Mr. Connell is chair of his firm's Media and Communications Law Group, Appellate Advocacy Group and Civil Rights Defense Group. In January 2017, Mr. Connell appeared as counsel of record to argue before the Supreme Court of the United States, representing Simon Shiao Tam in Matal v. Tam, No. 15-1293. Mr. Connell was the primary author of the winning Tam brief argued before the Federal Circuit Court. On June 19, 2017, the Supreme Court handed down a unanimous 8-0 favorable decision in the high-profile case, ruling that the Asian-American rock band, The Slants, were subject to viewpoint discrimination by virtue of the USPTO's denial of registration.
Mr. Connell holds degrees from Columbia University (A.B., 1978), New York University (M.P.A., 1982), and Rutgers University Law School (J.D., 1986).
James W. Dabney is a partner at Hughes Hubbard & Reed LLP in New York City. He focuses on contentious matters involving patents in diverse technical fields. Mr. Dabney has argued and won four Supreme Court cases, multiple inter partes review proceedings, and nine jury trials. Mr. Dabney is also an adjunct professor of law at Cornell Law School.
Robert N. Hochman, partner at Sidley Austin LLP, is an appellate advocate with a wealth of experience persuading appellate courts in high-stakes litigation. 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. He is a regular advocate before the Federal Circuit and the Supreme Court on patent matters, as well as before other courts in other IP-related cases. His patent-related work has helped shaped the law of patent damages, foreign sales, patentability, and other areas.
William 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 solicitor general (2007–12), Mr. Jay has argued 15 cases before the Supreme Court, including significant patent, copyright, and trademark cases (Teva v. Sandoz, Star Athletica, B&B Hardware, TC Heartland). Mr. Jay has also filed briefs in more than 40 Supreme Court cases at the merits stage and more than 150 cases at the certiorari stage, recently persuading the Court to deny certiorari in MCM Portfolio LLC v. Hewlett-Packard Co. Mr. Jay has also handled cases in every U.S. court of appeals and in a number of state appellate courts. His recent wins in IP cases include the Federal Circuit decision in Unwired Planet LLC v. Google Inc., about the scope of the Patent Trial and Appeal Board’s “covered business method” review. Mr. Jay clerked for Justice Antonin Scalia 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.
For more than 20 years, Deanne Maynard, co-chair of Morrison & Foerster’s Appellate and Supreme Court Practice, has briefed and argued significant appeals in the U.S. Supreme Court and appellate courts across the country. She has argued 14 cases before the Supreme Court and filed over 100 briefs in that Court.
Clients describe Ms. Maynard as "wicked smart" (Chambers USA) and "one of the finest advocates in the Supreme Court bar" (Legal 500). Her Supreme Court arguments involve a wide range of issues and industries, including life sciences (Sandoz v. Amgen), intellectual property (MedImmune v. Genentech), bankruptcy (RadLAX v. Amalgamated Bank), financial services (Ransom v. FIA Card Services), and antitrust (Pacific Bell v. linkLine). In Sandoz v. Amgen, the Supreme Court ruled unanimously for her client Sandoz in a closely watched case involving the Biologics Price Competition and Innovation Act, which provides a streamlined approval path for biosimilars. Law360 dubbed Ms. Maynard a "Legal Lion" for this "big victory."
Ms. Maynard’s appellate practice is nationwide. She has particular experience in the Federal Circuit, where she has argued more than 25 appeals, representing both patentees and defendants, on a variety of technologies. Clients note that "in the pharmaceuticals patent space she’s at the very top of the game" (Chambers USA).
Scott Schutte is a trial lawyer and strategic advisor who helps companies and individuals work through their most difficult and high-exposure problems. Mr. Schutte spends a significant amount of his time helping clients with the defense of consumer class action claims but also represents clients from many different industries in litigations, arbitrations, internal investigations, and state or federal regulatory matters. Mr. Schutte is the deputy leader of the Morgan Lewis’s 800-lawyer Global Litigation Practice, the managing partner of the firm’s Chicago office, and a co-chair of the firm's Class Action Working Group.
Margo A. Bagley is an Asa Griggs Candler Professor of Law at Emory University School of Law. She rejoined the Emory faculty in 2016 after ten years at the University of Virginia School of Law, where she was most recently the Hardy Cross Dillard Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law.
Her scholarship focuses on comparative issues relating to patents and biotechnology, access to medicines, genetic resource appropriation, and technology transfer. Professor Bagley served on the National Academy of Sciences Committee on University Management of Intellectual Property: Lessons from a Generation of Experience, Research, and Dialogue, is a technical expert and advisor to the Government of Mozambique in World Intellectual Property Organization (WIPO) matters, and consults with companies, governments, intergovernmental organizations and other entities on a variety of patent-related matters.
Professor Bagley currently is lead facilitator and friend of the chair in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore and a consultant to the UN Food and Agriculture Organization Secretariat for the International Treaty on Plant Genetic Resources for Food and Agriculture. Professor Bagley has published numerous articles, book chapters, and monographs as well as two books with co-authors: Bagley, Okediji and Erstling, International Patent Law & Policy (West Publishing 2013) and Patent Law in Global Perspective (Okediji and Bagley eds. Oxford University Press 2014). A chemical engineer by training, Professor Bagley worked in industry for several years before attending law school and is a co-inventor on a patent for reduced fat peanut butter. She is a frequent speaker and writer on patent-related topics in the United States and abroad and has taught in law schools in China, Cuba, Germany, Israel and Singapore.
Sarah Burstein is an associate professor of law at the University of Oklahoma College of Law and a recognized expert in design patent law. Prior to joining the faculty at Oklahoma, Professor Burstein clerked for the Honorable Robert W. Pratt in the U.S. District Court for the Southern District of Iowa and worked as an intellectual property litigation associate in the Chicago office of Kirkland & Ellis LLP. Professor Burstein has a law degree from the University of Chicago and B.A. in Art & Design from Iowa State University.
Graeme 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 2005–09, and 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). Professor Dinwoodie 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 2011–13. 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 trademark law and on international and comparative intellectual property law.
Raymond Ku is professor of law at Case Western Reserve University School of Law and director of the school’s Center for Cyberspace Law & Policy. He has also served as associate dean for academic affairs and co-director of Case’s Center for Law, Technology and the Art. He received his J.D., cum laude, from New York University School of Law, where he was a Leonard Boudin First Amendment Fellow in the Arthur Garfield Hays Civil Liberties Program, and his A.B. with honors from Brown University, where he was the recipient of the Philo Sherman Bennet Prize for the best political science thesis discussing the principles of free government. Professor Ku clerked for the Honorable Timothy K. Lewis, U.S. Court of Appeals for the Third Circuit. He then practiced constitutional, intellectual property, and antitrust law with Gibson, Dunn & Crutcher LLP and First Amendment/media and intellectual property law with Levine Pierson Sullivan & Koch LLP, both in Washington, D.C. He has taught at Cornell Law School, Seton Hall University School of Law, Thomas Jefferson School of Law, and St. Thomas University School of Law.
Professor Lee teaches international intellectual property law, copyright law, and trademark 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. 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).
Erika Lietzan is an associate professor at the University of Missouri School of Law, where she researches, writes and teaches primarily in the areas of drug and device regulation, intellectual property, and administrative law. She is currently examining the history of patent term extensions and is conducting an empirical examination of patent term restoration under the Hatch-Waxman Amendments to the Federal Food, Drug, and Cosmetic Act (FDCA). Her recent scholarship includes a historical and empirical examination of the new drug research and development paradigm in the United States and the relationship between the length of that process and incentives to innovate, as well as an article on innovation and competition in the marketplace for biological medicines, the incentive for generic drug applicants to challenge innovator patents, and data exclusivity for drug and biological medicine innovators.
Professor Lietzan brings to her scholarship and her teaching 18 years of private practice experience, eight of them as a partner at Covington & Burling in Washington, D.C. She was involved in every major amendment to the FDCA between 1997 and 2014, and she was deeply immersed for more than a decade in the development of the Biologics Price Competition and Innovation Act of 2010, from initial thinking as early as 2002 through negotiation of the primary legislative language in 2006 and 2007, passage in 2009, and enactment in 2010. After enactment she co-authored a comprehensive “legislative history” of this process in the Food and Drug Law Journal. She also worked with individual companies and trade associations on implementation issues from 2010 through 2014.
Professor Lietzan is an elected member of the American Law Institute. She serves in the leadership of the Food & Drug Law Institute and served for many years in the leadership of the Science and Technology Section of the American Bar Association. She is also an active member of the American Health Lawyers Association, the American Intellectual Property Law Association, and the American Society of Law, Medicine, and Ethics.
Greg 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 decisionmakers resolve patent disputes. His projects have focused on the constitutionality of administrative cancellation of issued patents; the fit between patent doctrines and the relevant decisionmakers; patent claim construction; patent litigation reform; and the efforts of the Eastern District of Texas to attract patent cases. Professor Reilly's work is published in the Boston University Law Review, Southern California Law Review, Washington University Law Review, and Notre Dame Law Review, among other places. Professor Reilly previously held a tenure-track appointment at California Western School of Law, was a Harry A. Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago Law School, practiced patent and appellate litigation at Morrison & Foerster LLP, and clerked 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.
Amelia Smith Rinehart joined the faculty of the S. J. Quinney College of Law at the University of Utah in 2010 following two years as a visiting assistant professor of law at Florida State University. Prior to entering the legal academy, she practiced law for several years at Orrick, Herrington & Sutcliffe LLP in New York and at Jones, Walker, Waechter, Poitevent, Carrère & Denègre LLP in Baton Rouge, Louisiana, focusing on intellectual property litigation, procurement and counseling. Professor Rinehart is a registered patent attorney and focuses her scholarship on patent law and theory.
Professor Rinehart received her law degree from the University of Chicago Law School in 2002. She received her Master of Science (1997) and Bachelor of Science (1996, summa cum laude with Departmental Honors) degrees in biomedical engineering from Tulane University. Prior to attending law school, Professor Rinehart worked as an engineer at Johnson Space Center in Houston, Texas.
Professor Rinehart teaches Contracts, Intellectual Property Survey, and Patent Law.
Jacob S. Sherkow is an associate professor of law at the Innovation Center for Law and Technology, New York Law School, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Professor Sherkow is the author of over two dozen articles on these and related topics in both traditional law reviews and scientific journals, including the Yale Law Journal, the Stanford Law Review, Science and Nature. Professor Sherkow also currently serves as a community representative on the New York Genome Center’s Institutional Biosafety Committee, and has advised a committee of France’s National Assembly on issues concerning the patenting of biotechnological research tools. Professor Sherkow has been a frequent commentator on patent matters in popular outlets such as the Wall Street Journal, New York Times, Los Angeles Times, and NPR. Previously, Professor Sherkow was a Fellow at Stanford Law School, a patent litigator at Gibson, Dunn & Crutcher, and a federal law clerk. Professor Sherkow is an honors graduate of the University of Michigan Law School, and holds an M.A. in biotechnology from Columbia University and a B.Sc. from McGill University. In addition to his legal training, Professor Sherkow has several years of experience as a research scientist in molecular biology.
Professor Cathay Y. N. Smith teaches intellectual property law, property law, and art and cultural property law at the University of Montana Blewett School or Law. Outside of the Law School, Professor Smith serves on the board of directors for the Missoula Art Museum (MAM) and is an appointed member of the Public Art Committee for the city of Missoula. Prior to joining the faculty at Montana, Professor Smith taught at the University of Denver Sturm College of Law, and practiced as an intellectual property attorney in Chicago with Katten Muchin Rosenman LLP. While in practice, Professor Smith represented multinational technology, fashion, and entertainment and media corporations on intellectual property issues and disputes. Professor Smith received her B.S. with Special Attainments in Commerce from Washington and Lee University, her J.D. from Loyola University Chicago School of Law, and her M.Sc. in Law, Anthropology and Society from the London School of Economics and Political Science. Her scholarship focuses on copyright and trademark law, IP theory, art law, and cultural property and heritage law.
Grantland 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. Mr. Drutchas has been involved in many notable and precedent-setting cases. In one, he obtained the largest jury verdict ever awarded in the U.S. District Court for the Northern District of Ohio. He also has had extensive experience in drafting licenses and litigating license disputes.
J. Kevin Fee is a partner in the Washington, D.C., office of Morgan Lewis, where he co-chairs the firm’s trademark, copyright, advertising and unfair competition litigation practice. For more than 20 years, Kevin has represented clients in broad range of patent, trademark, copyright, false advertising, and trade secret misappropriation litigation before trial and appellate courts. His clients include many of the world’s largest financial institutions, Internet companies, medical device and pharmaceutical companies, consumer products manufacturers, retailers, and food and beverage companies. Kevin is recognized by The World Trademark Review as a “Leading Trademark Practitioner” and is recommended by The Legal 500 US for his copyright expertise. Kevin received his B.S.B.A. from Villanova University and his J.D. from the University of Pennsylvania Law School.
Bart 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.
Chris Scharff is a shareholder at McAndrews, Held & Malloy in Chicago. Chris’s practice includes all areas of intellectual property, with a particular focus on patent litigation and inter partes review (“IPR”) challenges of patents before the U.S. Patent Office. He regularly represents both plaintiffs and defendants in lawsuits ranging from small cases to ones involving hundreds of millions of dollars, and he has also represented clients in over 65 IPR proceedings in the last five years. He is experienced in patent disputes on technologies as varied as orthopedic implants, infusion pumps, spinal surgery devices, GPS hardware, chemical products, advanced materials, automotive technology, food processing and wireless communication technology. In addition, Chris also regularly assists clients with patent prosecution, freedom-to-operate opinions, trademark portfolio management, IP due diligence for mergers and acquisitions, licensing negotiations, and other matters.
Christopher Schmidt is a professor, associate dean for faculty development, and co-director of the Institute on the Supreme Court of the United States (ISCOTUS) at Chicago-Kent College of Law. He is also a Faculty Fellow at the American Bar Foundation and the editor of Law and Social Inquiry.
Professor Schmidt teaches and writes primarily in the areas of constitutional law and legal history. He received his Ph.D. in American Studies from Harvard and his J.D. from Harvard Law School. His book on the student lunch counter sit-in movement of 1960—titled The Sit-Ins: Protest and Legal Change in the Civil Rights Era—will be published in early 2018 by the University of Chicago Press. He is currently writing a book titled Civil Rights: An American History.
Simon Tam is an award-winning marketing and communications professional, musician, author, entrepreneur, and keynote speaker. He has been a performer, presenter, and keynote at TEDx, SXSW, Comic-Con, The Department of Defense, Stanford University, and over 1,200 other events across North America, Europe, and Asia. He is best known as the founder and bassist of The Slants, the world’s first and only all-Asian American dance rock band. His work in the arts has been highlighted in over 3,000 media features across 200 countries and territories, including BBC, NPR, TIME Magazine, and Rolling Stone. He was called a champion of diverse issues by the White House and worked with President Barack Obama on a campaign to fight bullying. He recently helped expand freedom of speech through winning a unanimous victory at the Supreme Court of the United States for a landmark case in constitutional and trademark law (Matal v. Tam).
Portland's The Slants are the first and only all–Asian-American dance rock band in the world. They offer up catchy dance beats, strong hooks, and a bombastic live show that is "not to be missed" (The Westword). The Willamette Weeksays, "While the band may well be best experienced live, Slants releases always promise a few blistering, note-perfect singles." The music is the perfect combination of 80's driven synth pop with hard-hitting indie, floor-filling beats, which fans affectionately dub as "Chinatown Dance Rock."
They've been featured with Conan O'Brien's Team Coco, The Daily Show with Trevor Noah, Rolling Stone, Pitchfork, SPIN, BBC, NPR, and over 2,000 radio stations, TV shows, magazines, and websites across 88 countries.
The band might be best known for their fight for free speech, which brought them before the Supreme Court of the United States.
Twenty-two international tours, including appearances in 46 of 50 U.S states, have led to headlining showcases at major festivals such as SXSW, MusicfestNW, San Diego Comic-Con, and Dragon Con. The band has also provided support for The Decemberists, Mindless Self Indulgence, Girl Talk, Apl.De.Ap (of Black Eyed Peas), Blindpilot and Shonen Knife. In 2011, The Slants worked with the Department of Defense for a series of shows at U.S. and NATO bases in Eastern Europe, dubbed "Operation Gratitude."
Almost every one of their last 11 music videos have gone viral, gaining tens of thousands of views within days. Their single "You Make Me Alive" has over 350,000 views. Two videos feature martial arts choreography by Sammo Hung (The Matrix, Ip Man, & Enter the Dragon) and feature international stars Daniel Wu and Shu Qi.
They've won "Album of the Year" and "Editor's Choice" from dozens of magazines, including Willamette Week, LA Weekly, Shojo Beat, Village Voice, City Beat and Rockwired.
Whether rocking music halls, anime conventions, maximum-security prisons, colleges, or army bases, it's clear that The Slants' infectious brand of "so damn good" music will leave you wanting more" (MRU Magazine).