Thinking Internationally about IP and Dispute Resolution | What Every Lawyer & Corporate Counsel Should Know

Looking forward to joining a conversation on the important issue of IP and dispute resolution on August 11, now just under two weeks away. Together with a panel of experts, topics we may discuss include: • The role of international IP organizations and government IP offices as drivers of dispute resolution innovators. • An IP track for IP litigation and the role of IP valuation. • A metaverse platform for arbitration hearings and mediation sessions. • Expert evidence and specialist mediators in trademark, patent law, and cross-border litigation. • Standard essential patents: The WIPO-USPTO agreement; dispute resolution models and unintended consequences; Chinese perspectives on global FRAND dispute resolution models; negotiation as an overlooked model. • Views from the trenches and command posts: Dos and don’ts (All). • AI inventorship as a case study in global dispute resolution strategy. o Using technology for dispute resolution. o Dispute resolution in the world of NFTs.

Listening Tours | DC

Delighted to catch up with old friends and meet new ones on my recent trip to DC. They span the spectrum of stakeholders, academia, government, legal practice, and think tanks. I am grateful to each of them for their warm hospitality. Our conversations helped me better understand the finer points of the DC intelligentsia and the important role they play in shaping conversations, laws, and policies across the nation. They also helped me understand how Penn State Dickinson Law might contribute meaningfully to those conversations in the years to come. I look forward to working closely with them. This is the first in my series of listening tours. I expect to be back again soon and particularly look forward to catching up with those I missed seeing this time. I am also planning visits to visit other cities this year. Top (Clockwise): Brian Pandya (Duan Morris), Hon. (ret.) Paul Michel (Court of Appeals for the Federal Circuit), Esther Lim (Finnegan), Rob Brauneis (GWU), Josh Sarnoff (DePaul). Bottom (Clockwise): Peter Anthony Pappas, Brad Watts, Jane Bryan (US Senate), Lateef Mtima (Howard), Randy Stutz (AAI), Phil Warrick, Andrei Iancu (Irell & Manella), Hon Pauline Newman (Court of Appeals for the Federal Circuit).

Kidon IP War Stories | Podcast Interview

Glad to reconnect with David Cohen as a guest on his podcast series, "Kidon IP War Stories." Our talk focused on legal academia, IP, and the perennial challenge of remaining relevant. I shared how my "outsider perspective" informed my approach to the law, why the international dimension is critical to domestic innovation policy, and the importance of bringing together nontraditional stakeholders into the fold to help address today's most pressing issues. https://youtu.be/k1fB1SpUhjA?t=1      

Passing the Torch | A Legacy of Access and Opportunity

Stopped by UIC Law to catch up with Gary Friedlander and tie up a few loose ends. Even though Gary has just been on the job for two weeks, he has hit the ground running. Besides getting up to speed on institutional processes and priorities, he secured financial support from one of the largest law firms in the world and, with it, a new and impressive partner for the IP program. UIC Law’s IP program dates to 1940, over eighty years ago. Since its earliest days, the program has earned a national reputation for the quality of its courses and graduates. Two of the best known are Howard Markey and Don Banner. They would leave their marks as the inaugural chief judge of the highest patent appeals court in the United States and Commissioner for Patents and Trademarks. Both would return to serve the IP community through the law school. Chief Judge Markey as its dean and Commissioner Banner as director of its IP program, a position he would hold for over twenty years. One leader receives the torch from another and builds on the long and unbroken legacy of commitment to the program’s success and its relevance to practice, policymaking, and thought leadership. Over the years, its leaders built strong institutional and personal ties with Asia and Europe, expanded the center’s focus to include privacy and technology law, and created new degree programs to offer non-lawyers an opportunity to earn a graduate legal education. Stakeholders at the highest levels of government, industry, practice, and nonprofit work mingle with law students and local bar members at the IP program’s annual conference. The mission of access and opportunity continues to this day. Attendees at the IP Center's programs know they can depend on those programs to bring together those who can help them make sense of technically complex issues like AI as well as very human ones, like how improving diversity, equity, and inclusion through the IP system can improve a nation’s GDP and lift the lives and livelihoods of millions, among the many other topics of contemporary significance. The times we live in, and those leading the IP program may change, but its commitment to excellence and relevance has endured. Long may it be so. Photos (Clockwise): A card I left for Gary, inspired by a White House tradition (https://cnn.it/3RBig1T), with Gary, the view from Gary’s office, where I often reminded myself to keep successes and failures, obstacles and accolades - everything in perspective.

JW Semiconductor Summit | Mega-mergers, the ITC, and China

Honored to speak at JW Insights' 2022 Semiconductor Summit. I spoke about three mega-mergers - AMD-Xilinx (done), Intel Corporation-Tower Semiconductor (pending), and NVIDIA-Arm (failed), explaining the key reasons for success and failure. I also touched on the strategic role of the International Trade Commission #itc in global patent litigation. In closing, I took stock of China's rapid developments and shared my hope that it will lead by example in strengthening the existing rules-based, multilateral framework through principled, pragmatic, results-oriented leadership. China is an indispensable partner in rebuilding supply chains and extending support for the world's post-pandemic recovery.

UIC Law | External Colleagues & Partners

Wrapping up my goodbyes with colleagues at Northwestern Law, Loyola University Chicago School of Law and Chicago-Kent College of Law. I hope to meet with other colleagues I missed at these schools and DePaul University College of Law! The IP community in Chicago is well-known for being very collegial and supportive - embodying the best of Midwestern charm. Over the years, they gamely spoke at our public lectures, seminars, and conferences, guest lectured our students, and invited me to do the same. In addition, these colleagues were my sounding board for article advice, colleague advice, and even career advice. I will miss having conversations with them in person. Besides local partners, I also worked with partners from further afield. Detlef von Ahsen, whom I've collaborated with for several years, invited me for tea during his recent visit to Chicago. The then-John Marshall Law School (now University of Illinois Chicago School of Law) offered an annual European patent practice seminar with his law firm, Kuhnen & Wacker, for over thirty years. Unfortunately, with declining numbers, we had to abandon what was comfortable and familiar to offer something relevant and attractive to attendees. So I reached out to another long-time partner of ours, Matthias Reischle from the World Intellectual Property Organization – WIPO, who was also facing declining enrollment in the Patent Cooperation Treaty seminar it offered with John Marshall for decades. It was not an easy negotiation. I had to build trust and confidence with all sides that this would be a viable product worth flying to Chicago for and investing considerable resources to co-organize and promote the event. Fortunately, the tripartite effort paid off. The redesigned event allowed us to combine both seminars into the International IP Practice Seminar, covering the major areas of IP and regions of the world. In four years, we increased enrollment to over 400 registrants worldwide. Today, the seminar continues to thrive. You can attend it virtually this fall on Friday, October 21. John Lewis reminded us to "[g]et in good trouble, necessary trouble." Progress and innovation may mean causing good trouble. So let's not shrink from being good troublemakers when we need to! Photos (clockwise): With Matthew Sag (Loyola Chicago, now Emory) and Stacey Dogan (Boston U, but honorary Chicagoan!), Dave Schwartz (Northwestern), Detlef von Ahsen (Kuhnen & Wacker), and Graeme Dinwoodie (Chicago-Kent) 

Marcus Evans | Chicago

Joined representatives from government, industry, and practice for Marcus Evans' recent IP Law Summit in Chicago. I spoke about AI IP enforcement issues, Big Tech and antitrust, and China-US tech rivalry - the ABCs in IP and Tech. I also had the pleasure of joining John Calkins (Pear Therapeutics), Dena VanDeVoort Ehrich (3M), and Laura Sheridan (Google) for a conversation on "Future Policy at the USPTO – Transformation or Status Quo." Topics include: ● Recent and potential changes at the Patent Trial and Appeal Board ● What may be on the horizon for how patents are examined ● The role of technology in the PTO’s operation ● Improving equitable and affordable access to the patent system Said hello to Gwendolyn Blackwell (USPTO) who gave a very engaging and well-received presentation on "Interacting with a USPTO Examiner and Addressing Patent Prosecution," and informally exchanged views during the summit with several attendees, including Roberte Makowski (FMC Corporation), who graciously came up to chat after my talk. Event details here: https://www.iplawsummit.com/ Photos (clockwise): Giving my talk on the ABC of IP and Tech, with Roberte, with John, Gwen, and Marcus Evans' Naomi Haynes, panel discussion with Laura, Dena, and John (not in picture).  

UIC Law | Thank you, staff colleagues!

Recently enjoyed a rare in-person lunch with staff at UIC Law, who worked closely with me to make our program what it is today. They come from marketing, communications, event planning, IT, and alumni relations and development. Unfortunately, not all could make it; some have left over the years. Often working quietly behind the scenes, they rolled up their sleeves to help me with the nuts and bolts of the program. Together, we more than doubled the program's conference and seminar offerings, amplified its national and international footprint, provided more opportunities for underrepresented groups to join us, added new and sustainable sources of sponsorships for our program, and much more. Thank you again to Gary Friedlander and Erik Fagrelius for organizing a most memorable get-together.

UIC Law | IP, Tech & Privacy Adjuncts

I recently chaired my last meeting at UIC Law with adjuncts who teach intellectual property, privacy, and technology law courses. I thanked them for taking time out of their busy day jobs to share their insights and experience with students. Adjuncts are the backbone of these courses and, from the feedback I received over the years, equip UIC Law students with important practice-ready skills that make them sought-after. Many do well after graduation and hold important positions in industry, nonprofits, practice, and government. I introduced Gary Friedlander, who took over the IP, tech, and privacy program at UIC Law last Friday. Gary will also teach a course in global privacy law. The adjuncts introduced themselves and gave him a warm welcome. Several adjuncts have decades-long experience. Others just joined UIC Law as part of the program's recruitment campaign to broaden and deepen its adjunct pool and continue to offer students the best in class education for many more years. I fondly remember my first adjunct meeting about six years ago, shortly after I took over from Emeritus Professor Doris Long, who now also serves as an adjunct. You can see her in the more recent group picture we took together, dressed in red. We all looked a little younger then! It is fitting as I pass the baton to Gary that we remember these important relationships with our adjuncts that helped the law school establish its reputation year by year, course by course, and student by student.

Jomarie Fredericks | Molly Pitcher

Caught up with Jomarie Fredericks over lunch in Chicago before traveling to Carlisle to continue with my transition to Penn State Dickinson Law. Congratulated Jomarie on becoming president-elect of the International Trademark Association, a global association of brand owners and professionals from 165 countries representing over 30,000 trademark professionals, including brand owners from major corporations, small and medium-sized enterprises, law firms, and nonprofits. She also as serves on the US Patent and Trademark Office's trademark advisory council, advising the agency's director on the policies, goals, performance, budget, and user fees of trademark operations there. Jomarie has paid it forward in many meaningful ways. Besides serving on the advisory board for UIC Law's IP program, she has given our students IP career talks, guest lectures, moderated panel discussions, and generously supported to the IP program's work over the years. Jomarie completed her Master of Law at the John Marshall Law School (now UIC Law) before going on to a successful career. She is the chief intellectual property (IP) counsel and Deputy General Counsel at Rotary International, a global not-for-profit corporation comprising 35,000 member clubs and its charitable foundation. When in Carlisle, I noticed a monument honoring Molly Pitcher, who fought in the American War of Independence and distinguished herself for her bravery in June 1778. As her husband was carried off the battlefield, Molly took his place at his cannon. After the battle, General George Washington honored Molly's courage by issuing her a warrant as a non-commissioned officer. In front of Molly's statue is a canon that the Carlisle club of Rotary International restored. As the nation celebrates Independence Day, let's honor the inspiring women who helped it win nationhood and continue to keep it great today. As the saying goes, women hold up half the sky. Happy 4th!