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Intellectual Property Rights Enforcement 2015

Speaker(s): Andy Abrams, Angelo E.P. Mazza, Brian W. Brokate, Bruce W. Baber, Craig E.. Stone, Jennifer S. Bisk, John Zacharia, Kathleen E. McCarthy, Lesley Fair, Nancy Rue, Raymond L. Sweigart, Siegrun D. Kane, Steven M. Gruskin
Recorded on: Jan. 23, 2015
PLI Program #: 58672

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.

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.

Jennifer S. Bisk is currently an Administrative Patent Judge on the Patent Trial and Appeal Board at the United States Patent and Trademark Office.  She joined the Board in March 2012 after practicing IP law in the Washington D.C. area during which she was a member of both technology transaction and IP litigation practices.  She is currently a member of the trial section of the Board and has been assigned to manage a number of AIA proceedings. 

Judge Bisk served as a law clerk to the Honorable George W. Miller at the United States Court of Federal Claims and the Honorable Richard Linn at the Court of Appeals for the Federal Circuit.  She graduated from Vanderbilt University with a B.E. in Electrical Engineering and Computer Science.  She also holds an M.S. in Computer Science from Stanford University and a J.D., summa cum laude, from the George Mason University School of Law.  Prior to law school, she spent several years working as a software developer at small software companies in the Silicon Valley and the Washington D.C. area.  During law school, she served as a judicial intern for the Honorable Randall R. Rader at the United States Court of Appeals for the Federal Circuit as well as for the Honorable Stephen S. Mitchell at the United States Bankruptcy Court for the Eastern District of Virginia.

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. 

Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the FTC in numerous investigations of false advertising and fraud.  She spent almost two decades as a litigator with the FTC’s Division of Advertising Practices and now specializes in education and compliance as the agency’s business blogger,  In 2015, Lesley received the FTC’s Robert Pitofsky Lifetime Achievement Award.

In addition to writing a monthly column in Electronic Retailer magazine, Lesley is the author of FTC Regulation of Advertising in Food and Drug Law and Regulation (3d ed. 2015) and The FTC & Social Media in Social Media and FDA: The Essential Guide (2010). From 2000 to 2015, Lesley served as Vice-Chair of the American Bar Association’s Consumer Protection Committee.

On the faculty of the Catholic University School of Law since 1984, Lesley holds the title of Distinguished Lecturer and has twice been named Outstanding Adjunct Professor.  She also teaches Consumer Protection Law at The George Washington University Law School.

Lesley graduated from the University of Notre Dame and received a J.D. from the University of Texas School of Law.  She clerked for United States District Judge Fred Shannon and served as staff counsel to the United States Court of Appeals for the Fifth Circuit in New Orleans.

Name: Andy Abrams

Position/Title: Senior Trademark Counsel
Firm or Place of Business: Google Inc.

1600 Amphitheatre Parkway
Mountain View, CA 94043
Phone: 650-669-8752

Primary Areas of Practice: Andy Abrams is a Senior Trademark Counsel in the Mountain View office of Google. His responsibilities include managing the company's trademark portfolio, developing policies, negotiating licenses, handling disputes, and advising clients on various branding and marketing issues. He is also actively involved in developing Google’s domain name policy and strategy with respect to ICANN's new gTLD program. 

Law School/Graduate School: University of Virginia School of Law

Work History:
Principal, Trademark and Copyright Group
Fish & Richardson P.C. (San Diego)
January 2011 – May 2011

 Associate, Trademark and Copyright Group
Fish & Richardson P.C. (San Diego)
April 2006 – December 2010

Associate, Intellectual Property and Business Practice Groups 
Luce, Forward, Hamilton & Scripps LLP
September 2003 – April 2006 

Professional Memberships:
INTA Internet Committee
INTA Domain Disputes Ownership & Whois Subcommittee
ICANN GNSO Business Constituency

Position/Title: Senior Counsel, Intellectual Property
Firm or Place of Business: Phillips 66 Company
Primary Areas of Practice: Trademarks, Copyrights, Infringement, Licensing, Domain Names, Social Media, Privacy

Law School/Graduate School: Baylor University School of Law

Work History: ConocoPhillips, King & Spalding LLP

Professional Memberships: INTA, ACC

Craig has been practicing in the area of intellectual property for more than 10 years. Prior to joining ConocoPhillips, and later Phillips 66, he practiced with the Atlanta-based law firm King & Spalding. His practice focuses on all aspects of trademark law and other related areas of intellectual property, licensing, enforcement, and litigation. In 2014, World Trademark Review recognized the Phillips 66 Legal Brand team as one of five finalists for best brand team in its respective industry category and Craig, individually, was “short-listed” as one of five nominees for global in-house trademark counsel of the year. The Houston Business Journal named Craig a finalist as an ‘Up and Comer’ for its Corporate Counsel Awards and a “40 Under 40” award recipient in 2014 recognizing him as a top professional in the Houston business community.

Position/Title: Assistant United States Attorney
Firm or Place of Business:    United States Attorney’s Office for the Eastern District of Pennsylvania

Address:         615 Chestnut Street, Suite 1250 Philadelphia, PA 19106

Phone:          215-861-8200
Fax:                215-861-8218


Primary Area of Practice:    Criminal Prosecution

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)

Ray Sweigart's primary area of practice is dispute avoidance, management, resolution and trial work, including jury trials as well as domestic and international arbitration and mediation. Educated at law schools in both the U.S. and England, Mr. Sweigart easily moves between the American and English legal systems. He has assisted both plaintiffs and defendants in various contested matters such as patent, copyright and trademark disputes, anti-corruption compliance and regulatory reviews, creditors' claims in bankruptcy, product liability and personal injury defense, labor and employment disputes, unfair competition, and other corporate and commercial matters. Mr. Sweigart also advises clients on general business matters, intellectual property portfolio development and management, and licensing and strategic planning, internal audits and analysis, as well as tactical strategic and use of litigation, mediation, arbitration and other alternative dispute resolution techniques. Most recently, Mr. Sweigart has successfully defended a number of retail and electronics clients in patent infringement litigation as well as enforced international patents on medical devises.  He has also dealt with a dispute over a charter party for Moroccan wood pulp, arrest of land based fuel depots in maritime bunkering dispute, compliance with the SEC Conflicts Minerals Rules, the U.S. Foreign Corrupt Practices Act both standing alone and in conjunction with the new U.K. Bribery Act, and Anti-Money Laundering policies and procedures audits. In addition, Mr. Sweigart counsels lawyers, law firms and corporations on business and legal ethics issues, including identification, management and resolution of conflicts of interest, duties of confidentiality, anti-money laundering, anti-bribery, ethical compliance programs and standards, as well as records retention and destruction protocols. He serves as a member of the firm's Professional Responsibility Committee and Claims Committee, and also participates in and manages pro bono projects and indigent client representations.

LL.M., International and Comparative Law, King's College London, 1973
J.D., University of Cincinnati College of Law, 1972,

New York, District of Columbia, Virginia, Connecticut, Ohio, various U.S. federal trial and appellate courts, and the courts of England and Wales.

American Bar Association, Intellectual Property Owners Association, Bar Association of the District of Columbia, Virginia Bar, American Intellectual Property Law Association, Federal Circuit Bar Association, Law Society of England and Wales

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

Siegrun is a partner in Kane Advisors, LLP. She received her J.D. from Harvard Law School and has spent her career specializing in litigating trademarks in the Federal Courts and the PTO.

Siegrun also acts as a consulting and testifying expert. She is the author of Kane on Trademark Law A Practitioner’s Guide, now on its Sixth Edition. The text covers social media, false advertising, surveys— just about every issue likely to come up in trademark practice.

Siegrun is a frequent lecturer for the Practising Law Institute, the International Trademark Association (INTA), and other continuing legal education organizations. She has served on various advisory boards including the McCarthy Center for Intellectual Property and Technology Law at the University of San Francisco.

Siegrun has been repeatedly listed in The Best Lawyers in America, New York Super Lawyers, The International Who’s Who of Trademark Lawyers and other “Who’s Who” publications. Her views on trademark issues have also been reported in the Wall Street Journal.

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.