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Intellectual Property Rights Enforcement 2014


Speaker(s): Angelo E.P. Mazza, Brian W. Brokate, Bruce W. Baber, John Zacharia, Jonathan Z. King, Joseph P. Lavelle, Kathleen E. McCarthy, Katie M. Lachter, Kristina Rosette, Nicole Hyland, Nur-ul-Haq, Shane P. Berry, Steven M. Gruskin
Recorded on: Jan. 31, 2014
PLI Program #: 50874

Bruce W. Baber is a senior partner and founding member of King & Spalding’s global Intellectual Property Practice.  Mr. Baber is active in all aspects of the firm’s IP practice, with an emphasis on litigation and other contested matters.   

Mr. Baber participates actively on behalf of a wide variety of clients in both jury and bench trials of patent, trademark, trade dress and copyright infringement litigation matters, as well as adversarial patent, trademark and false advertising proceedings before the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.  Since he began practice in 1979, Mr. Baber has represented many global and nationally-known companies in dozens of patent infringement, copyright infringement and trademark infringement, dilution and counterfeiting matters, as well as in a wide variety of false advertising disputes.  

Mr. Baber has substantial experience in the protection of trademarks, copyrights and other forms of intellectual property, the prosecution of applications for registration of such properties, and the development and implementation of worldwide protection strategies.  He has been  involved in numerous major licensing and other intellectual property related corporate transactions, joint venture agreements and marketing agreements.


Jonathan Z. King is the Chairman of Cowan, Liebowitz & Latman, P.C.  He has more than twenty years experience as an intellectual property litigator, and handles trademark and copyright disputes in a wide range of industries, including music, fashion, sports, pharmaceuticals and healthcare, software, advertising, licensing, publishing, food and hospitality, and various consumer products. He has tried numerous trademark and copyright cases, and handles many opposition and cancellation proceedings before the Trademark Trial Appeal Board. 

Mr. King’s engagements have included a number of landmark intellectual property matters, including some of the first cases involving the use of trademarks as internet keywords, online liability for linking to pirated materials, and the application of copyright law to the “resale” of digital  files.  He also has extensive experience in the use of consumer surveys in Lanham Act litigation. 

Mr. King graduated Phi Beta Kappa and Summa Cum Laude from Princeton University in 1987 and Cum Laude from Harvard Law School in 1991.  He served as Law Clerk to the Honorable Douglas P. Woodlock of the United States District Court for the District of Massachusetts. He has been named as a New York Super Lawyer in intellectual property litigation for the past seven years, is recognized in The Legal 500 for both copyright and trademark litigation, and is the co-author of a treatise chapter on trade secrets law.  

Mr. King is also a professional jazz pianist and composer, with four recordings as a leader and many others as a sideman to his credit.  He has toured four continents as a musician and is also the author of What Jazz Is, a musical primer in the history and techniques of jazz music.


Primary Areas of Practice: Corporate Security; Brand Protection

Undergraduate: Bachelor of Science, Eckerd College, St. Petersburg, Florida

Work History: Supervisory Special Agent, FBI Special Agent, Florida Department of Law Enforcement

Professional Memberships: Mr. Berry is an Executive Board Member for the International AntiCounterfeiting Coalition (IACC).  He is also a member of the International Security Management Association (ISMA), the American Society for Industrial Security (ASIS) and the US Department of State’s Overseas Advisory Council (OSAC).


Angelo Mazza is a Partner  in the Intellectual Property area at the firm of Gibney Anthony & Flaherty LLP in New York.

At the firm, he counsels clients on Customs enforcement issues such as recordation, abandonment and trade facilitation. He also works extensively on matters covering online channels used by counterfeiters and methods to diminish sales and target those sellers. He advises clients in developing and implementing enforcement programs.

Mr. Mazza has organized and conducted training sessions for CBP, ICE, FBI and state and local law enforcement.  Over the course of over 25 years involved in training programs, he has trained over 60,000 enforcement personnel. He works closely with law enforcement at all levels to organize and carry out training related to counterfeit products and applicable laws.  He created the IACC Foundation's well regarded training programs and materials for law enforcement which are updated annually and on their 15th edition.

Mr.  Mazza is a graduate of Fordham University and Fordham University School Law.


John H. Zacharia is the Assistant Deputy Chief for Litigation with the Computer Crime and Intellectual Property Section (CCIPS) of the United States Department of Justice’s Criminal Division.  In this position, John prosecutes and helps to manage the section’s prosecution of large-scale, multi-jurisdictional intellectual property (IP) crimes and computer crimes.  John has also participated in domestic and international IP enforcement training and outreach as well as in developing and drafting legislative and policy initiatives addressing all facets of IP crime.  John has prosecuted with co-counsel and obtained jury verdicts in one of the largest counterfeit goods prosecutions in U.S. history and in large-scale copyright disc piracy cases, and obtained convictions in high-impact online copyright piracy cases. John has also successfully handled federal appeals brought by defendants convicted of IP crimes.  Before joining CCIPS, John was a Trial Attorney with the Federal Programs Branch of the United States Department of Justice’s Civil Division, where he specialized in copyright enforcement issues as well as constitutional and administrative law litigation on behalf of the United States and various executive federal agencies.  Prior to joining the Department of Justice, John was a Senior Associate at the law firm of Howrey & Simon where he specialized in complex domestic and international commercial litigation.  John began his legal career as an associate in the general litigation department at the law firm of Carlton Fields.  John received his law degree from the University of Virginia in 1995. 


Joseph Lavelle is an experienced patent lawyer, focusing primarily on the preparation and trial of patent infringement cases.

Joseph also has handled a number of successful appeals to the Court of Appeals for the Federal Circuit.

Patent Litigation

Joseph has more than 25 years of experience litigating patent cases, including many bench and jury trials. He has litigated in most areas of technology, including semiconductors, computers, computer software, telephony, Digital Signal Processing, telematics, waveform encoding, automotive technology, financial services, biotechnology and many others.

In addition to federal district court proceedings, Joseph has tried a number of Section 337 proceedings before the US International Trade Commission (ITC), as well as handled cases before the US Court of Federal Claims and appeals to the Court of Appeals for the Federal Circuit. He also is licensed to practice before the USPTO and has successfully handled interference proceedings.

Antitrust

Joseph has vast experience handling litigation and counseling matters at the intersection of competition laws and antitrust laws. He has participated in many of the leading matters in the area of standard setting. Also, he has represented clients in patent-antitrust matters before the FTC and the Antitrust Division of the Department of Justice.


Katie Lachter is the Firm’s associate general counsel. Based in the New York office, Katie counsels the Firm’s lawyers on matters of professional responsibility and cross-jurisdictional and compliance issues in support of the Firm’s commitment to excellent client service.

Katie is also a member of the Law Firm Practice Group and advises lawyers, law firms and in-house legal departments on risk management and the laws and regulations governing lawyers.

Katie is a frequent writer and speaker on issues relating to legal ethics. She is a lecturer-in-law at Columbia Law School, where she teaches professional responsibility. She is also on the faculty of the Practising Law Institute and Lawline.com. She co-authored Risk Management Survival Tools for Law Firms, third edition, published by the ABA Law Practice Division in 2016. She is also the co-author of a chapter entitled "The Practical Case for Civility," in Essential Qualities of the Professional Lawyer, published by the ABA Standing Committee on Professionalism in 2013, and has co-authored numerous articles on ethics and professional responsibility for the New York Law Journal and Bloomberg Law Reports. Katie is a past secretary of the New York City Bar Association Committee on Professional Ethics and a current member of the Association of Professional Responsibility Lawyers, the New York Women’s Bar Association Ethics Committee, and the New York State Committee on Standards of Attorney Conduct.

Katie was named a 2012 Distinguished Legal Writing Award winner by the Burton Awards for Legal Achievement. She was also the recipient of the Legal Aid Society’s 2009 Pro Bono Publico award. Katie was designated a "Rising Star" in Super Lawyers’ New York Metro edition in 2014, and named a "Super Lawyer" in the 2015 edition.


Nicole Hyland is a partner in the Litigation Group and Professional Responsibility Group at Frankfurt Kurnit. Her practice focuses primarily on legal ethics, professional responsibility, and legal malpractice.

Ms. Hyland counsels attorneys and law firms on conflicts of interest, legal fee disputes, escrow issues, disqualification motions, multijurisdictional law practice, business transactions with clients, lateral transitions, law firm formation and break-ups, advertising and social media use, and other professional responsibility issues. Ms. Hyland also represents defendants and plaintiffs in legal malpractice and breach of fiduciary duty disputes.

In addition to her legal ethics and professional responsibility practice, Ms. Hyland has an active litigation practice, focusing on art, literature, and entertainment industry disputes. She handles copyright, trademark, right of publicity, and defamation claims, as well as disputes over financing, production, distribution, and talent agreements. She counsels art, literature, and entertainment industry clients on content issues, including copyright, trademark, right of publicity, television formatting rights, privacy, defamation, and fair use.

Ms. Hyland is Chair of the Committee on Professional Ethics of the New York City Bar Association (NYCBA). In that role, she oversees the City Bar’s ethics hotline, which provides ethical guidance to lawyers from all over New York State. She also oversees the drafting of informal and formal ethics opinions on a variety of topics, including: non-refundable flat fee arrangements, the use of Professional Employer Organizations by law firms, the ethics of using a virtual law office, ethical guidelines for accepting credit cards, and business arrangements between law firms and nonlegal organizations.

Ms. Hyland serves as Co-Chair for the Ethics Committees of the Women’s Bar Association of the State of New York (WBASNY) and the New York Women’s Bar Association (NYWBA) – WBASNY’s New York City chapter. For the past two years she has hosted the NYWBA annual meeting at Frankfurt Kurnit followed by an Ethics CLE program for NYWBA members and attendees.

Ms. Hyland serves on the Board of the Association of Professional Responsibility Lawyers (APRL) and is a member of the New York State Bar Association Committee for Standards on Attorney Conduct (COSAC). She is also a member of the American Bar Association’s Center for Professional Responsibility.

Ms. Hyland writes and lectures frequently on legal ethics and professional responsibility issues. She recently joined Professor Roy Simon as a co-author on his seminal treatise: Simon’s New York Rules of Professional Conduct Annotated (2015 ed.). She is on the editorial board of the New York Legal Ethics Reporter and contributes to the Legal Ethics Forum blog. Ms. Hyland is admitted to practice in New York.


Nur-ul-Haq is US Privacy Counsel at NBCUniversal, where he advises on issues relating to privacy and data protection for the company’s portfolio of brands, including its sports, news, film and entertainment divisions, as well as its movie ticketing and theme park businesses.  Nur also provides privacy guidance in the context of internal company operations, including human resources and corporate sourcing.

Prior to joining NBCUniversal, Nur was a staff attorney in the Northeast Region of the Federal Trade Commission, where he oversaw and participated in investigations and litigations involving mergers, anticompetitive conduct, and unfair and deceptive business practices directed at consumers.  While at the FTC, Nur served on the trial team in the FTC’s antitrust litigation against the Intel Corporation and also obtained a multimillion dollar judgment in federal District Court for the deceptive advertising of a purported diet aid in FTC v. Bronson Partners.  In addition to his law enforcement and litigation duties, Nur frequently spoke to consumer and business groups as well as the news media on various topics, such as identity theft, privacy and data security, and online consumer fraud.

Nur is a graduate of Boston University School of Law (cum laude) and Georgetown University.  He is a member of the American Bar Association Sections of Antitrust Law and Science and Technology Law, the Massachusetts Bar Association, the New York State Bar Association, and the International Association of Privacy Professionals.


Primary Areas of Practice:   

Trademark, design rights, copyright and false advertising litigation and counseling

 

Law School/Graduate School: 

Columbia University

 

Work History: 

Katie McCarthy is a partner in King & Spalding’s New York office.  Katie is a Columbia University School of Law graduate with 30 years of experience.  Katie stays on top of IP issues through work for clients and as a member of the Board of Directors of the NYIPLA and the Trademark Committee for the New York City Bar, speaking frequently at PLI, and as Editor-in-Chief of INTA’s scholarly journal, The Trademark Reporter.  Katie also assists Siegrun Kane with editing Siegrun’s PLI treatise, Kane on Trademark Law.  In her spare time, Katie enjoys rediscovering all of the patent jokes in “Calvin & Hobbes” while reading the old books with her younger son and trying to teach her aspiring rapper older son about the risks of extensive sampling.

 

Professional Memberships:

INTA (Editor in Chief The Trademark Reporter®); NYIPLA (Board Member); NYC Bar (Member, Trademark Committee)


Primary Areas of Practice:  New gTLDs and domain names, Internet-related trademark matters, trademark advice, prosecution, litigation, and transactions

Law School/Graduate School:  University of Georgia School of Law, J.D., cum laude, 1995

Work History:  Covington 1995-present

Professional Memberships:  President, ICANN Intellectual Property Constituency


Steve is a partner in the Washington, DC office, and is a member of the electrical-mechanical practice group. He has more than 20 years of experience in all aspects of intellectual property law, including federal district court jury trials, appeals to the CAFC, bench trials at the ITC, patent prosecution, reissue, re-examination, opinions relating to validity/ infringement/enforceability, general client counseling and the strategic management and enforcement of large domestic and international patent portfolios.

He handles patent matters in the electrical and mechanical sciences, including vehicle lighting, on and off road tire construction, vehicle body and vehicle information systems, and a broad range of other automotive technologies. Steve also has significant experience in sports related technologies, especially in golf ball/club construction.

Steve continually works with clients to maximize and leverage the value of their intellectual property portfolios and to assist them in taking full advantage of US laws. He provides frequent lectures and seminars on topics relating to U.S. Patent law and USPTO practice and procedure.

Primary Areas of Practice: Intellectual Property pertaining to Electrical/Mechanical patents, including IP Litigation, Inter-Partes and Post Grant Review (IPR/PGR) proceedings under the AIA, ITC Section 337, Patent Counseling and Patent Prosecution

Law School/ George Washington University School of Law

Under Graduate School: University of Miami

Work History:  Steve has more than 20 years of experience in all aspects of intellectual property law, including district court jury trials, appeals to the CAFC, bench trials at the ITC, IPR/PGR proceedings under the AIA, patent prosecution, reissue, re-examination, opinions relating to validity/infringement/enforceability, client counseling and strategic management and enforcement of large domestic and international patent portfolios.

Professional Memberships:
American Intellectual Property Law Association (AIPLA)
International Association for the Protection of Intellectual Property (AIPPI)

American Bar Association (ABA)

Tau Beta Pi

Pi Tau Sigma

International Intellectual Property Law Association

American Society of Mechanical Engineers

District of Columbia Bar Association - Patent, Trademark and Copyright Law Section


Brian Brokate is head of Gibney, Anthony & Flaherty’s Intellectual Property Practice Group.  Mr. Brokate focuses on anti-counterfeiting and intellectual property infringement litigation.  He has extensive experience in the area of intellectual property law and in enforcement procedures to combat the infringement of trademarks and copyrights.

Mr. Brokate is the Treasurer, a Member of the Board of Directors and on the Executive Committee of the International Anticounterfeiting Coalition, Inc. (IACC).  He is also the Treasurer of the New York Task Force, a coalition of brand owners affected by counterfeiting and a member of the International Trademark Association (INTA) where he serves on its Board of Directors and its Anticounterfeiting Committee.