Skip to main content

Patent Litigation 2014


Speaker(s): Arlene L. Chow, Brett E. Cooper, Carolyn H. Blankenship, Constance S Huttner, Dawn Rice Hall, Elaine Herrmann Blais, Eric J. Lobenfeld, Eugene R. Quinn, Jr., Garreth A. Sarosi, Gene W. Lee, George E. Badenoch, Gerard A. Haddad, Gil Calvillo, Ph.D., Heather A. Faltin, Hon. Colleen McMahon, Hon. John J. Hughes, Hon. Mary Pat Thynge, Hon. William G. Young, Jeffrey T. Zachmann, Keith R. Hummel, Kenneth L. Bressler, Nicholas K. Mitrokostas
Recorded on: Nov. 10, 2014
PLI Program #: 51874

Jeffrey T. Zachmann is Counsel in IBM's Corporate Litigation department.  He has been with IBM since 1988 and, since joining the litigation department in 1992, has managed over 140 intellectual property litigations for IBM, the majority being patent cases.  He also provides litigation-related counsel and advice to the company's licensing and business legal staffs.  He holds a JD from Pace University School of Law (1986) where he was Articles Editor of the Law Review, and an LLM in Trade Regulations from New York University (1988), where he won the Patent Law Award and graduated at the top of his class.  He is admitted to practice before the bars of New York, New Jersey, and the U.S. Patent and Trademark Office.

Mr. Zachmann is a regular speaker and panelist at IP Law conferences on managing litigation, opinions of counsel and other topics. He has been a regular speaker for the Practising Law Institute, the NYIPLA, and the Texas State Bar Annual IP law conference.   He has presented CLE courses at several NYC law firms on ways of improving service to in-house clients.  He was a Teaching Assistant at Pace University School of Law, and was on the Teaching Staff of the Katherine Gibbs Paralegal School, where he taught Legal Research, Constitutional Law and Intellectual Property Law.


Arlene Chow's practice focuses on intellectual property matters, with an emphasis on patent litigation in the pharmaceutical, biotechnological, and medical device industries. Arlene has served as lead trial counsel; she has extensive experience in all aspects of patent litigation, including claim construction proceedings, through bench and jury trial and on appeal. Arlene is also acting as lead counsel in multiple inter partes review proceedings before the U.S. Patent and Trademark Office.

Arlene frequently advises clients on patent portfolio assessment, particularly in anticipation of patent litigation as well as in relation to the acquisition, sale, or exploitation of intellectual property assets. In addition, Arlene provides opinions on infringement and validity issues.

Arlene has worked on matters implicating drugs for the treatment of hemophilia, hypertension, depression, ulcers, menopause, skin cancer, schizophrenia, asthma, and insomnia. Arlene has successfully represented clients in a wide spectrum of technologies, including medical devices, data capture, computer hardware and software, and consumer electronics.

Arlene holds a bachelor of science degree in molecular biophysics and biochemistry. She is a registered patent attorney.

EDUCATION


J.D., Columbia Law School, 1998
B.S. Molecular Biophysics and Biochemistry, Yale University, 1994


Colleen McMahon was appointed to the bench of the Southern District of New York by President William Jefferson Clinton; she was confirmed on October 21, 1998. 

A native of Columbus, Ohio, Judge McMahon graduated from The Ohio State University in 1973, summa cum laude and with distinction in Political Science. She attended Harvard Law School from 1973-1976, graduating cum laude. She spent all but one of the next nineteen years at Paul Weiss Rifkind Wharton & Garrison, where in 1984 she became the first woman litigator elected to partnership. During 1979-80, Judge McMahon took a ten month leave of absence from the firm to serve as the Speechwriter/Special Assistant to Donald McHenry, the Permanent Representative of the United States to the United Nations.

During her years in private practice, Judge McMahon chaired the Committees on State Courts of Superior Jurisdiction and Women in the Profession of the Association of the Bar of the City of New York, and served as a member of other Association committees, including the Committee on the Judiciary. For three years, Judge McMahon was an ABCNY representative to the House of Delegates of the New York State Bar Association. She also served in various civic capacities and as Vice Chancellor of the Episcopal Diocese of New York.

In 1993, Judge McMahon was asked by Chief Judge Judith Kaye to chair a commission to reform New York's jury system (The Jury Project). The group's report, which Judge McMahon wrote, was praised by The New York Times as "making a persuasive case for serious attention in Albany," and nearly all of its 82 substantive recommendations for reform were eventually implemented.

In June 1995, Governor George Pataki nominated Judge McMahon to the New York Court of Claims. Designated as an Acting Justice of the State Supreme Court, she conducted felony trials in Manhattan until her appointment to the federal bench three years later.

Courtroom Deputy/Judicial Assistant: Mariela De Jesus

Law Clerks: James F. O'Neill, Esq. (Career Law Clerk), Dylan Keenan, Esq., Sarah Siegel, Esq.


Connie Huttner focuses her practice on patent and technical litigation, as well as litigation involving trade secrets, advertising, and licensing disputes. She has handled a variety of patent trials and appeals involving Abbreviated New Drug Applications (ANDAs) and other pharmaceutical issues, medical devices, software, cosmetics, electronic instruments, coatings, blowing agents and mechanical devices. She also has handled false advertising, and trade secret matters involving English muffins, chewing gum, detergents, food and sporting equipment. Connie has also provided patent opinions and counseling for matters including mergers and acquisitions and other corporate transactions.

Education

Boston College (J.D., magna cum laude, 1980)
     Order of the Coif
     Boston College Law Review

 
Ohio State University (B.S. in Cellular Immunology, 1977) Phi Beta Kappa


Dawn Hall is a Managing Director at FTI Consulting and is based in New York. Ms. Hall has directed numerous commercial litigation engagements involving patent infringement, trademark infringement, copyright infringement, trade secret, false advertising and other types of business disputes such as breach of contract, breach of non-solicitation/non-compete agreements, transfer pricing and SEC investigations related to accounting irregularities.

Ms. Hall has conducted complex damage studies involving lost sales, lost profits, incremental revenue and cost analyses, market share split analyses, manufacturing and marketing capacity, price erosion, reasonable royalty, unjust enrichment and prejudgment interest for both plaintiffs and defendants. Ms. Hall has drafted reports reflecting professional opinions of these respective areas.

Ms. Hall has assisted trial attorneys in analyzing company forecasts, business and strategic plans, financial statements and appropriate market data in the preparation of deposition issues for 30(b)6 and opposing experts and preparing trial exhibits as well as preparing early case assessments.

Ms. Hall has performed litigation consulting services in the following industries; aerospace, automotive, biotechnology, construction, consumer products, digital broadcasting systems, drug eluting cardiac stents, electronic data chips, electronic security solutions, golf clubs, heart valves, highchairs and strollers, human growth hormones, insurance, mated shoes., paint rollers, railroad break beams, semiconductors, social expression products, waterproof outlet covers.

Ms. Hall has a B.S. in finance from the University of Notre Dame. She is a member of the Licensing Executives Society and American Bar Association.


Education

  • JD, 1992, Cornell Law School
  • BS (Mechanical Engineering), 1989, Columbia University

Bar Admissions

  • New York
  • U.S. Patent and Trademark Office

Courts

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Practice

  • Gene is an experienced lead counsel in patent litigations involving a wide range of technologies, including computer systems and software, telecommunications, medical devices, videogames, financial services, chemistry, semiconductors, and geoscience. In addition to patent litigation, Gene regularly represents clients in patent licensing, post-grant proceedings in the USPTO, including work on many IPR petitions.He also works on trade secret and copyright matters, and with the firm’s corporate department in advising clients on IP-related aspects of corporate transactions.

Representative Clients and Matters

  • Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930; co-lead counsel for major denim brand respondent).This investigation involved patents directed to using lasers to abrade or create patterns on denim garments.
  • Worlds, Inc. v. Activision Blizzard (patent litigation relating to videogame software), court allowed motion of summary judgment of invalidity prior to correction of asserted patents; Worlds.com v. NCsoft Corp. (patent litigation relating to videogame software successfully transferred out of the E.D. Texas)
  • Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874; co-lead counsel for Respondent Diageo North America). This investigation was the first of the ITC’s pilot program for possible early disposition of cases. Following an accelerated trial on the economic prong of domestic industry, the Commission found that the complainant (a non-practicing entity) failed to satisfy the economic prong and terminated the investigation.
  • Rotatable Technologies v. major Korean electronics company (patent litigation relating to user interface technology), resulting in a stipulated judgment of noninfringement following claim construction, which was affirmed on appeal.
  • NCsoft Corp. v. Bluehole Studios, Inc. (co-lead counsel for plaintiff in trade secret misappropriation, copyright, and unfair business practices litigation relating to videogames)


Elaine Blais, a partner in the firm's Litigation Department, focuses her practice on intellectual property litigation, particularly with respect to patent litigation. Ms. Blais has handled numerous patent infringement lawsuits in federal courts nationwide. She joined Goodwin Procter in 2001 and is currently a member of the firm's Hiring Committee and Partner Integration Committee. She also serves on the firmwide Women's Initiative Steering Committee, co-chairs the Boston Women's Initiative Council and is a member of the firm’s FinTech Practice. Ms. Blais has also served at various times on the firm's Alternative Billing Strategies, Renovations and Big Think Committees.

Work for Clients:

Ms. Blais has been litigating patent cases for nearly two decades. She has advised clients and participated in all phases of patent litigation, from initial counseling up through trial and appeal. Ms. Blais has worked on patent cases involving diverse areas of technology, including pharmaceutical products (Teva Pharmaceuticals, Fresenius Kabi), stem cell technology (ViaCell, Inc.), secure financial transactions (Fidelity), prepaid wireless technology (Freedom Wireless), the Internet (Lycos, Inc.), email tracking systems (Eloqua), semiconductor manufacturing tools (Applied Materials), consumer products (P&G), automatic transmission shift cables, software for reducing artifacts in MRI images, gaming devices and methods, glider designs, steel processing lines, and spinal implants.

She has also represented clients in cases involving copyrights, trademarks, trade secrets, unfair competition and patent-related antitrust issues. Ms. Blais has also filed amicus briefs on behalf of firm clients in a number of significant patent cases before the U.S. Supreme Court and the Federal Circuit sitting en banc, including Therasense v. Becton Dickinson, Microsoft v. i4i, and Caraco v. Novo Nordisk.

Ms. Blais has devoted a significant amount of her practice to counseling clients and advocating to Congress on behalf of clients regarding patent policy. In this capacity, she has worked on various pieces of legislation impacting the pharmaceutical industry, including the America Invents Act. Ms. Blais has been involved in drafting proposed legislation and has made numerous presentations before Congressional members and staff.

Recognition:

In 2012, Ms. Blais (and a client) were selected as a recipient of the Project for Attorney Retention’s 2012 PAR Flex Success Award. The award recognizes attorney-client relationships exemplifying how, with client and firm support, attorneys can work on flexible schedules, deliver exceptional legal services and enjoy extraordinarily successful careers.

In 2009, Ms. Blais was awarded the Mentor Award from the Political Asylum/Immigration Representation Project for her work on behalf of human rights and immigrant advocacy. Ms. Blais continues to dedicate pro bono time to the representation of immigrants seeking asylum, refugee status or special immigrant juvenile status in the United States. While attending law school, Ms. Blais was an associate editor of The Ohio State Law Journal.


Eric Lobenfeld has more than 35 years of experience litigating cases involving patent, trademark, copyright, antitrust, unfair competition, and complex commercial issues. He has first-chaired jury and non-jury trials in state and federal courts throughout the United States, conducted arbitrations, and argued in numerous U.S. state and federal appellate courts. He has participated in Markman claim construction proceedings for more than fifty patents.

Eric represents companies in a wide variety of industries, including computer hardware and software, pharmaceuticals, medical devices, bar code scanning, wireless local area networks, electrical components, television broadcasting, motion pictures, publishing, baby toys, and financial services.

Eric is a regular panelist in the Practising Law Institute's annual two-day patent litigation program, where he has presented on expert issues, damages issues, and given a demonstration of a closing argument in a patent jury trial.

REPRESENTATIVE EXPERIENCE

  • Representing Motorola Solutions in District of Delaware action against Round Rock Research seeking declaratory judgments that ten Round Rock patents concerning radio frequency identification (RFID) technology are invalid and not infringed.Defending a variety of Motorola customers who were sued by Round Rock for infringement.Leading the Joint Defense Group composed of the major suppliers of RFID equipment
  • Represented Takeda Pharmaceuticals in Hatch-Waxman patent infringement litigation against Teva concerning the compound for the blockbuster drug Prevacid®. Won a judgment after trial that the patent is valid and infringed. The Judgment was affirmed by the Federal Circuit.
  • Representing Takeda in multiple ANDA litigations concerning its oral disintegrating tablet formulation, Prevacid® Solu-Tab.
  • Representing Sprint Nextel in patent infringement litigation brought by High Point involving methods and apparatus concerning Sprint's CDMA cellular network.Won summary judgment that all asserted claims were barred by the doctrines of equitable estoppel and laches.Coordinate with Hogan Lovells partners in Europe and Japan who represent wireless carriers in infringement litigation on foreign counterpart patents.
  • Representing Tyco Integrated Security in patent infringement litigation brought by Vringo Infrastructure concerning mobile security management products.
  • Representing 7-Eleven Company and Cardtronics in patent infringement litigation concerning ATM machines with Internet access. Won summary judgment of noninfringement and partial invalidity. Judgment was affirmed by the Federal Circuit.
  • Representing NCR Corporation in action seeking declaratory judgment that all asserted patents are invalid and not infringed.
  • Represented ESPN in patent infringement litigation brought by DDB concerning GameCast recreations of professional sports games on ESPN.com.
  • Representing Depomed, Inc. in patent infringement litigation against Endo Pharmaceuticals concerning Depomed's innovative delayed release formulation patents. The patents cover Endo’s pain management drug Opana®. Representing Depomed in the Inter Partes Review proceedings on the same patents.


George E. Badenoch is chair of the Firm’s Electrical and Mechanical Practice Group. He has over 30 years experience in litigations and adversarial matters concerning all aspects of intellectual property, including patents, trade secrets, trademarks and copyrights.

Mr. Badenoch has had considerable experience in major patent litigations (jury and non-jury) involving computers, semiconductors and pharmaceuticals, with particular emphasis on computerized automatic machinery and equipment and automobile parts. His successful trial of a major patent jury case involving computerized equipment for custom designed ductwork led to the largest intellectual property judgment nationwide in that year. His role as lead defense counsel for a large group of automobile importers led to the dismissal of a much publicized case brought by an alleged inventor of intermittent windshield wipers, even though the same plaintiff had previously secured multi-million dollar verdicts against two of Detroit’s big three automobile manufacturers.

Mr. Badenoch also counsels clients in patent and other intellectual property licensing matters. He has been involved in the licensing aspects of large merger and acquisition transactions and has been head of the firm’s Licensing Practice Group.

Mr. Badenoch has spoken before domestic and international bar association groups, authored brochures advising the Japanese community on patent matters and appeared on a number of panels teaching licensing and patent litigation matters to other lawyers sponsored by the Practicing Law Institute and the American Conference Institute.

Practice Areas

Intellectual Property Litigation

Licensing and Transactions

International Experience

International Trade Commission

Professional Organizations

The New York Intellectual Property Law Association; the American Intellectual Property Law Association; the Licensing Executives Society; the International Intellectual Property Law Association (AIPPI); the Association of the Bar of the City of New York; the American Bar Association’s Litigation, Anti-Trust and Patent, Copyright and Trademark Sections; committee work relating to the World Intellectual Property Organization Harmonization negotiations and the American Bar Association’s Litigation Section, Pretrial Practice and Discovery Committee.


Gerard Haddad joined Dickstein Shapiro’s New York office in 2008 as a partner in the Intellectual Property Practice. He focuses his practice on intellectual property litigation and counseling.  Gerry has litigated patents in the fields of computer software and hardware, medical devices, pharmaceuticals and telecommunications; rendered opinions on non-infringement, invalidity, and inequitable conduct; and advised companies on their intellectual property rights. Gerry also has performed due diligence investigations for mergers and acquisitions and has litigated copyright and trademark disputes.

Prior to joining Dickstein Shapiro, Gerry was a partner in Morgan & Finnegan LLP’s intellectual property group.


Hon. John J. Hughes (Ret.), served as a United States Magistrate Judge for the District of New Jersey for eighteen years from 1991 to 2009. Judge Hughes presided over approximately twenty eight hundred settlements, conducted nearly sixty jury trials in consent cases, and managed almost five hundred civil cases a year, including discovery and related motion practice (authoring over 450 opinions). He is highly regarded for skillfully settling complicated cases and for his ability to keep parties focused on the issues to reach an amicable solution. Upon retirement, he was noted for his “hard work and good humor”. Judge Hughes was voted Best Individual Mediator 2013 by the readers of the New Jersey Journal.

Judge Hughes was also a pioneer in the rapidly evolving field of electronic discovery, participating in the formulation of one of the first local District Court Rules for e-discovery and authoring an early opinion encouraging cooperation. He was the first judicial advisor for the United States Court Administrative Office/Justice Department Working Group on Electronic Technology in the Criminal Justice System.

ADR Experience

Since joining JAMS in March 2009, Judge Hughes has fostered amicable agreement or quick decision in the following areas of Alternative Dispute Resolution with representative cases:

  • Mediation – conducted numerous, and successful, settlement conferences, ranging from low six figures to multi-million dollar results, in cases involving personal injury/wrongful death, commercial disputes, pharmaceutical patent agreements, employment termination, false claims/ whistleblower cases, insurance coverage cases (including long term disability cases), wage and hour case involving unions and a regional transportation authority, various class actions(including consumer claims), and multi-district cases.
  • Arbitration – presided over numerous arbitrations as sole arbitrator in cases involving employment termination, breach of contract, defamation, and commercial disputes. Also, served as chair of three judge panels in one case involving breach of contract claims between a law firm and a senior partner and in another,contract claims between two companies providing international private protection services.
  • Case Management – managed a commercial dispute between a large telecommunications provider and its distributer for over two and one half years, including numerous case management conferences, discovery decisions and five reasoned decisions on dispositive issues, and also managed a separate federal “Madoff spin-off” case lasting only a few weeks. Both cases resulted in settlements fostered by other JAMS neutrals.
  • Special Discovery Master – served as court appointed special discovery master in a federal case involving appropriate “confidential “ markings on thousands of documents in a pharmaceutical case and in a separate state case, involving a variety of discovery disputes including privilege issues, between a large healthcare provider and a hospital network.
  • Mock Trial/Neutral Evaluation – served as one of three members of various mock trial panels to advise one party as to viability of issues involving patent validity and in a separate case, provided neutral evaluation for a Plaintiff in a federal suit to release escrow funds held back in the prior sale of a company.

Background and Education

  • U.S. Magistrate Judge, District of New Jersey, 1991-2009
  • Assistant-in-Charge of Camden-Trenton Region, Federal Public Defender, 1976-1991
  • Assistant New Jersey State Public Defender, Essex/Hunterdon Regions, 1972-1976
  • Associate, Sterns and Greenberg, 1972
  • Law Clerk, New Jersey Department of Law and Public Safety, 1971
  • J.D., Villanova University, 1971
  • B.S., (Business Administration), Villanova University, 1968


Honorable William G. Young, Judge of the United States District Court, District of Massachusetts, has been an active trial judge for more than 25 years, serving on both the Massachusetts Superior Court (1977-85) and the United States District Court for the District of Massachusetts (1985-present). After receiving his A.B., magna cum laude, from Harvard University in 1962, he served two years as an officer in the United States Army. His legal career began in 1967 when he was admitted to the Massachusetts bar upon graduating from the Harvard Law School. He served as law clerk to the Honorable Raymond S. Wilkins, Chief Justice of the Supreme Judicial Court. Following his clerkship, he practiced law as an associate and then partner at the Boston law firm of Bingham, Dana & Gould. His legal career has also included stints as a Special Assistant Attorney General and as Chief Counsel for former Massachusetts Governor Francis W. Sargent.

A longtime teacher of evidence and trial advocacy, he has taught at several law schools including Harvard, Boston College, and Boston University. Commonly referred to as the Education Judge, he is active in judicial education at the Federal Judicial Center and the Flaschner Judicial Institute. Moreover, he volunteers much of his time to educating the bar and has been a staple at continuing legal education programs and institutions including Virginia Continuing Legal Education and the Practicing Law Institute (PLI). He has won national acclaim for his work on the Massachusetts Continuing Legal Education's annual lecture series On Trial with Judge Young, which offers each fall an intensive 15-week study of trial techniques and trial evidence.

In addition to teaching in the classroom, Judge Young has written extensively. He is the principal author of Massachusetts Evidentiary Standards (1992 through 2005 eds.) and Vols. 19 and 19A, Evidence (Mass. Practice Series 1998), and co-author of Daubert's Gatekeeper: The Role of the District Judge in Admitting Expert Testimony (Tulane Law Review), and An Open Letter to U.S. District Judges, The Federal Lawyer (July 2003).


Ken Bressler has been a partner at Blank Rome since 2005. He is an intellectual property litigator with 30 years of hands-on experience. In addition, Ken counsels companies on general business matters and conducts due diligence reviews of intellectual property assets for private equity, IPO’s, M&A and financings.  He represents a broad cross-section of clients from the life sciences, technology, entertainment and financial services industries.

ADMISSSIONS

Ken is admitted to practice in New York, the U.S. District Court - Eastern and Southern District of New York, Eastern District of Wisconsin, the United States Court of Appeals for the Federal Circuit and the United States Court of Appeals for the Second Circuit.

EDUCATION


Ken received his J.D. (cum laude) from the Benjamin N. Cardozo School of Law, Yeshiva University, in 1984, and graduated with a B.A. from Dickinson College in 1981.

PUBLICATIONS

In March, 2014, Ken co-authored a white paper How to Defend Against Patent Trolls Without Breaking the Bank. It provides recommendations on mitigating potentially crippling patent litigation and adverse financial consequences while defending your company against patent trolls.


Nicholas Mitrokostas, a partner in Goodwin Procter’s IP Litigation Group, focuses his practice on commercial litigation, with a particular emphasis on intellectual property and patent litigation. Mr. Mitrokostas has extensive trial experience representing clients in the pharmaceutical and biotechnology industries in patent and antitrust litigation. He also has experience counseling and representing higher educational institutions in litigation. Mr. Mitrokostas also devotes a significant amount of time representing pro bono clients in criminal and immigration matters.

Work For Clients:

Mr. Mitrokostas’ recent representations include:

  • Teva Pharmaceuticals, Inc. v. Sandoz, Inc.: Representing Teva Pharmaceuticals in a significant patent litigation involving Teva’s blockbuster branded product, Copaxone®, the most prescribed treatment for relapsing remitting multiple sclerosis. The court ruled that Teva’s nine patents were valid, enforceable and infringed by the defendants’ ANDAs, which was partially upheld on appeal. The case was heard by the U.S. Supreme Court on October 15, 2014.
  • Teva Branded Pharmaceutical Products R&D, Inc. v. Perrigo, Inc.: Represented Teva Branded Pharmaceutical Products R&D, Inc. in patent litigation involving its inhaler, ProAir® HFA, the most widely prescribed albuterol sulfate metered-dose inhaler. The case was settled favorably.
  • Cephalon, Inc. v. Eagle Pharmaceuticals, Inc. (and related cases): Representing Cephalon, Inc. in patent litigation against 18 defendants involving Teva’s branded cancer drug, Treanda®, which is indicated for the treatment of certain lymphomas. The actions are pending in the U.S. District Court for the District of Delaware before Judge Gregory M. Sleet.
  • Mass. Inst. Tech. v. Shire: Representing M.I.T. in litigation involving infringement of patents relating to novel cellular-scaffolds discovered by Professors Bob Langer and Jay Vacanti. The action is pending in the U.S. District Court for the District of Massachusetts.
  • Teva Pharmaceuticals USA, Inc. v. Pfizer, Inc.: Represented Teva Pharmaceuticals USA as ANDA-defendant in patent litigation involving Pfizer’s products, Detrol® and Detrol® LA. The case was settled favorably.
  • Cephalon, Inc. v. Celgene, Corp.: Represented Cephalon, Inc. in patent infringement litigation involving a paclitaxel drug formulation in the U.S. District Court for the District of Massachusetts. The action is pending before the U.S. Court of Appeals for the Federal Circuit.
  • Genzyme, Inc. v. Anika Therapeutics, Inc.: Represented medical device company, Anika Therapeutics, Inc., which was sued for patent infringement relating to its proposed hyaluronic acid injection therapy, Monovisc®, in the U.S. District Court for the District of Massachusetts.

Mr. Mitrokostas also served as one of several attorneys at Goodwin Procter working on matters related to the criminal investigation and prosecution following the July 2006 Central Artery Tunnel collapse in Boston.


Garreth Sarosi is a member of Dentons' Intellectual Property and Technology practice, focusing on patent litigation. He has litigated patent matters in district courts across the United States, at the US International Trade Commission and in appeals to the US Court of Appeals for the Federal Circuit and the United States Supreme Court. 

Garreth has experience litigating patent infringement matters in multiple technical areas, including telecommunications, materials and material structures, electronic storage systems, electronic security systems, display technologies, automotive technologies, hull designs, various life science technologies and medical devices. He also has experience litigating trademark infringement, copyright infringement, false advertising, consumer class action, securities class action, regulatory and antitrust matters. 

Garreth began his legal career at Morgan & Finnegan in New York. In 2002 he relocated to Dallas and joined the office of Jones Day. Most recently, Garreth was deputy general counsel to MetroPCS Communications, Inc., until its business combination with T-Mobile USA, Inc.


Gene is a Patent Attorney and the founder of IPWatchdog.com. He is also a principal lecturer in the top patent bar review course in the nation, which helps aspiring patent attorneys and patent agents prepare themselves to pass the patent bar exam.

Gene’s particular specialty as a patent attorney is in the area of strategic patent consulting, patent application drafting and patent prosecution. He has worked with independent inventors and start-up businesses in a variety of different technology fields. As an electrical engineer with a computer engineering focus he finds himself frequently assisting inventors and small businesses in this space. He works with those pursuing patent protection for their innovations and the majority of his practice is focused on software, computer implemented methods, business methods and Internet innovations. He also does work with electrical and mechanical inventions as well.

Known by many as “The IPWatchdog.” Gene started the widely popular intellectual property website IPWatchdog.com in 1999, and since that time the site has had millions of unique visitors. The ABA Journal has recognized IPWatchdog.com as one of the top 100 blogs for lawyers by lawyers in 2009 through 20013. For 3 of the last 4 years (2010, 2012, 2013) IPWatchdog.com was recognized as the top intellectual property law blog, and in January 2014 IPWatchdog.com was honored to be inducted into the ABA Blawg Hall of Fame.

Gene is also the inventor of a unique invention mining and patent drafting system, known as theInvent + Patent System, which enables the submission of detailed answers that form the basis of an extraordinarily detailed invention disclosure and which can be filed immediately as a provisional patent application.

Between 2003 and 2007 Gene wrote a monthly column for Patent World and served on the Patent World editorial board. He has also previously taught a variety of intellectual property courses at the law school level, including patent law, patent claim drafting, patent prosecution, copyright law, trademark law and introduction to intellectual property. Between 1998 and 2008 Gene taught at Syracuse University College of Law, Temple University School of Law, The University of Toledo College of Law, Franklin Pierce Law Center and Whittier Law School. Since 2010 he has been an Adjunct Professor at John Marshall Law School in Chicago, where he teaches a course on Patent Rules and Practice.

Gene is admitted to practice law in New Hampshire, is a Registered Patent Attorney licensed to practice before the United States Patent Office and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. As a patent attorney he is able to represent inventors and businesses seeking patents across the United States.


Brett Cooper is a principal in McKool Smith’s New York office. He is a registered patent attorney who has represented domestic and international companies in highstakes patent litigation for more than ten years. Mr. Cooper has participated in numerous hearings and trials, including proceedings in District Courts and before the International Trade Commission (ITC), and has successfully briefed and argued numerous discovery disputes. He represents clients from a diverse range of industries, including wireless telecommunication, smartcard technology, software development, and semiconductor manufacturing. Prior to law school, Mr. Cooper worked as an engineer for the State of New York and later for a joint venture of Air Products and Chemicals and Browning Ferris Industries called American Ref-Fuel Company, which generated energy from refuse and was involved in related business activities. After graduating from law school, Mr. Cooper served as a law clerk to the Honorable Joanna Seybert, United States District Court for the Eastern District of New York.

 


Carolyn Blankenship is Senior Vice President and Associate General Counsel, Intellectual Property for Thomson Reuters.  She has been in private practice as well as in-house, in a variety of firms and companies, including Skadden, Arps, U.S. Surgical (now Covidien), Priceline.com and Thomson Reuters.  Ms. Blankenship attended the Massachusetts Institute of Technology and Harvard College as an undergraduate, and received her J.D. from Arizona State University College of Law (now the Sandra Day O’Connor College of Law).


Dr. Gil Calvillo is a senior research advisor to legal teams representing industry-leading domestic and foreign corporations involved in complex, high stakes litigation.

With over 20 years of experience in forensic and psychological assessment, he has spent the past eighteen years investigating juror learning and comprehension, and the impact of race and culture on juror perception, verdicts and damages.  Specifically, Dr. Calvillo designs focus groups, surveys, and mock jury and bench trial research, including mock Markman hearings, to assess these variables, as well as to test themes, evaluate witness credibility, and quantify risk.

In addition to designing and implementing research, trial counsel and corporate legal departments call upon Dr. Calvillo to provide early case assessment, craft themes, conduct witness preparation, draft voir dire questions, and assist with jury selection.

His background as a clinical psychologist and former NIH fellow in neuropsychology provides the foundation for his unique perspective and insight.  Dr. Calvillo’s experience and credentials, along with his incisive communication and assessment skills distinguishes him in the industry, placing him in the top 1%

Dr. Calvillo is based in Los Angeles and consults on litigation matters nationwide, including antitrust (price fixing, unfair competition, monopolization), contracts (commercial, entertainment), employment (whistleblower, discrimination, harassment, wrongful termination), insurance (bad faith, casualty and property, professional liability, reinsurance, subrogation, surety bonds), intellectual property (patent, trademark, copyright, trade secrets), product liability (including pharma and medical devices), and securities/banking (negligence, fraud/Ponzi scheme).


Heather Faltin is the Senior Patent Counsel at Comcast Cable Communications.  Prior to joining Comcast, Ms. Faltin's was an associate in private practice.  Her practice focused on intellectual property litigation, with a particular emphasis on patent litigation.  She has represented clients from a variety of industries, ranging from telecommunications to medical devices.

Ms. Faltin received her J.D. from the University of Virginia School of Law in 2004.  During law school, she served on the editorial board of the Virginia Journal of Law and Technology.  She received a B.S. in Physics (magna cum laude) from the College of William and Mary in 2000.

Ms. Faltin is admitted to practice in Virginia, Pennsylvania and the District of Columbia and before the U.S. Patent and Trademark Office.


Judge Mary Pat Thynge has served as a Magistrate Judge of the U.S. District Court of the District of Delaware since June 1992, and currently serves as its Chief Magistrate Judge. Prior to joining the bench, Judge Thynge was the managing attorney for the Wilmington office of the law firm of White & Williams. Previously, she was associated with the law firm of Biggs & Battaglia. Judge Thynge is a member of the Federal Magistrate Judges Association and serves on its Board as the Third Circuit Representative, on its Civil/Criminal Federal Rules Review Committee and as its Membership Chair. Since 2004, she has served as Executive Editor for the Federal Courts Law Review.

Since her elevation to the bench, Judge Thynge has developed and managed the ADR program of the District Court in Delaware and has been actively involved in continuing legal education programs, primarily regarding ADR, the Federal and Local Rules of Civil Procedure and the Federal Rules of Evidence. She has mediated over 1400 cases, of which more than 500 matters involved patent disputes. She authored the chapter Mediation: One Judge’s Perspective (Or Infusing Sanity into Intellectual Property Litigation) in the book ADR ADVOCACY STRATEGIES AND PRACTICE FOR INTELLECTUAL PROPERTY CASES 2011.


Keith R. Hummel is a partner in Cravath’s Litigation Department.

He has extensive experience litigating complex intellectual property matters and other legal disputes, both for plaintiffs and defendants. Mr. Hummel handles cases for clients in diverse fields, including telecommunications, medical devices, computer hardware and software, food additives, luxury flooring products, pharmaceuticals and biotechnology. He frequently advises clients on national and worldwide intellectual property strategy, and is often asked to lead efforts to identify IP assets that can be effectively used for offensive or defensive purposes.

Mr. Hummel recently obtained a confidential settlement for OrbusNeich Medical Inc. and its international affiliates in patent infringement actions against Boston Scientific’s coronary stent systems, in which he oversaw and coordinated litigation in the United States, Germany, the Netherlands, Ireland and the United Kingdom. Mr. Hummel is representing Qualcomm in a patent infringement action relating to down conversion of RF signals to baseband in wireless communication devices. He coordinates and manages worldwide patent litigation for stent manufacturer Medinol Ltd., including cases currently active in Europe. Mr. Hummel recently represented Metroflor, a leading manufacturer of luxury flooring, in a lawsuit brought by the company’s former CEO, who claimed to be a co inventor of Metroflor’s patents on a revolutionary flooring product. Other recent representations include International Flavors & Fragrances in a patent and unfair competition case involving food additives; Qualcomm in patent cases involving GPS and mobile fleet tracking systems; and INEOS as plaintiff in a trade secrets case concerning a revolutionary process for creating biofuels. Mr. Hummel is also representing IBM in cases in which South African nationals are attempting to hold IBM accountable for apartheid under the Alien Tort Statute.

In the past, Mr. Hummel represented Medinol in a case alleging that Guidant Corporation was infringing Medinol’s stent design patents. Mr. Hummel obtained summary judgment that Guidant’s popular coronary stents infringed 10 claims. Mr. Hummel was lead counsel in the subsequent jury trial on validity. Just before the jury’s verdict was to be read, Guidant settled on monetary terms that are confidential.

Mr. Hummel also tried a breach of contract case for Medinol against Boston Scientific Corporation. BSC settled after seven weeks of trial, paying Medinol $750 million and surrendering its 20% stake in Medinol. The settlement preserved Medinol’s right to arbitrate patent infringement claims against future BSC stents. Mr. Hummel has represented Medinol as lead counsel in those private arbitrations.

Mr. Hummel was lead counsel for IBM in an action brought by Compression Labs asserting that the JPEG still image compression standard infringed one of its patents. The case settled on favorable terms after the court ruled that the patent was limited to video compression.

Education

J.D. Georgetown University Law Center, 1990, Order of the Coif, magna cum laude
B.A. University of Notre Dame, 1987