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Intellectual Property Rights Enforcement 2018


Speaker(s): Angelo E.P. Mazza, Brian W. Brokate, Bruce W. Baber, Dawn Atlas, Hon. Faith S. Hochberg, John H. Zacharia, Kathleen E. McCarthy, Lesley Fair, Linda J. Thayer, Siegrun D. Kane, Sona De, William Covey
Recorded on: Jan. 25, 2018
PLI Program #: 220962

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 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 serves as the IACC’s Director of US Trainin and he created the IACC’s well regarded training programs and materials for law enforcement which are updated annually and on their 17th edition.  

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


Brian Brokate is the head of Gibney, Anthony & Flaherty’s Intellectual Property Practice Group. He assists brand owners in securing and protecting their intellectual property in the United States and abroad. Working closely with his clients over many years, he has developed their comprehensive intellectual property protection strategies to support their growth from emerging businesses to leading global brands.

Mr. Brokate has extensive experience in enforcement procedures to combat trademark and copyright infringement. He manages all stages of civil anti-counterfeiting and infringement litigation as well as providing support to state and federal criminal actions.

Mr. Brokate serves on the board of several industry organizations including being involved in various with the International Trademark Association (INTA) and the Intercontinental Grouping of Accountants and Lawyers (IGAL).

As a recognized industry leader, Mr. Brokate is frequently quoted on trends in intellectual property law. He is a speaker and author for PLI and other educational forums, focusing on intellectual property rights and enforcement. 


Dawn Atlas is the Vice President, Enforcement and Assistant General Counsel for Calvin Klein, Inc.  She is responsible for the worldwide enforcement of intellectual property for Calvin Klein.  

Dawn is also the Chairperson of the Board of Directors of the International AntiCounterfeiting Coalition (IACC), the only nonprofit organization solely dedicated to intellectual property enforcement.  She served as Chairman from 2002 through 2006 and again from 2011 to the present.  She has also served as Chairman of the Brand Protection Counsel of the American Apparel and Footwear Association (AAFA).  

Before joining Calvin Klein in 1999, Dawn was a Patent and Trademark Associate with Fitzpatrick, Cella, Harper & Scinto in New York.

Dawn graduated with a B.S. degree in Biology from Union College in 1990.  She received her J.D. and Master of Intellectual Property degrees from Franklin Pierce Law Center in 1995 where she served as Editor in Chief of Franklin Pierce’s Law Review IDEA The Journal of Law and Technology.


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. She was a litigator with the FTC’s Division of Advertising Practices for more than 20 years and now specializes in industry education as the agency’s business blogger, business.ftc.gov. Lesley is among the few attorneys to have received the FTC’s Robert Pitofsky Lifetime Achievement Award. 

She 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. 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.


Siegrun D. Kane is a partner in Kane Advisors, LLP. She received her J.D. from Harvard Law School and specializes in litigating trademarks in the federal courts and the USPTO.

Siegrun is the author of Kane on Trademark Law published by PLI now in its 6th Edition’ and updated bi-annually.

Siegrun also acts as a consulting and testifying expert. She has been repeatedly listed in The Best Lawyers in America, New York Super Lawyers and other “Who’s Who” publications.  The Wall Street Journal has reported her views on trademark issues.

Siegrun lectures frequently for PLI, and other CLE organizations. 


Sona De is an experienced patent litigator with numerous victories in claim construction, at summary judgment, at trial and on appeal before the Federal Circuit. Her work spans a wide range of technology sectors, with a focus on Hatch-Waxman litigation, medical devices and biologics, and further includes cases involving crop science, chemicals, computer chips, telephonic systems and consumer products. Sona has handled numerous multi-party litigations, argued before the Multi-District Litigation Panel, represented clients in arbitration and has defended witnesses overseas under the Hague Convention. Her prior work experience in the pharmaceutical industry enables Sona to advise clients on various patent issues with an understanding of how companies operate with an eye towards their business needs. Clients have included Bayer Healthcare, Becton Dickinson, Purdue Pharma, AstraZeneca, Pfizer, Nova Biomedical, Schering-Plough, Sanyo and Oral B.

Sona has been featured as American Lawyer’s “Litigator of the Week” and received the Financial Times’ highest ranking for her innovative strategies and success in the landmark Therasense case that created a new legal standard for the inequitable conduct doctrine. She is recognized among The Top Women Attorneys in the New York Metro Area and was recently profiled by Inside Counsel for helping Bayer Healthcare win its patent trial against a generic drug company. Sona is recommended in Healthcare: Life Sciences in The Legal 500 US and is recognized for her patent litigation work by the IAM Patent 1000. She is also the recipient of the In Motion Commitment to Justice Award.


The Honorable Faith S. Hochberg is a nationally recognized U.S. Federal Judge and former United States Attorney known for her broad expertise in complex corporate, securities, antitrust and patent litigation. She retired from the bench in 2015 and founded Hochberg ADR, which provides mediation, arbitration and strategic advisory services. She is also a distinguished neutral on the rosters of AAA, ICDR, Federal Arbitration, CPR, WIPO, ITC and ICC. Additional information is available on the website, www.JudgeHochberg.com.

Judge Hochberg was twice nominated by the President, and confirmed by the Senate, first as United States Attorney and thereafter a United States District Judge. She has presided over thousands of federal cases: class actions; Securities; Banking; Patent, Copyright & Trademark; Pharmaceuticals, Antitrust; Insurance; Federal Arbitration Act; and Corporate Contract and Partnership matters. Judge Hochberg has exceptional expertise in patent cases, as well as nationwide cases where she was appointed by the Judicial Panel on Multi District Litigation. She has been invited to speak nationwide and abroad about U.S. litigation.

Judge Hochberg has presided by designation with the Federal Circuit Court of Appeals and has served as a Patent Pilot judge. She was honored as the first Fellow of the Innovation Center for Law and Technology at New York Law School in recognition of her contribution to the advancement of intellectual property law. She also serves on its Advisory Board, together with entrepreneurs and business leaders.

Judge Hochberg previously served as the United States Attorney for the District of New Jersey, and Deputy Assistant Secretary of the United States Treasury Department, as well as in the private practice of law.

Judge Hochberg graduated from Harvard Law School, magna cum laude, where she was an Editor of the Harvard Law Review, and a B.A., summa cum laude, from Tufts University. She was elected to Phi Beta Kappa. She also attended the London School of Economics.


As Deputy General Counsel and Director for the Office of Enrollment and Discipline (OED), Will Covey is responsible for ensuring that the nation’s patent attorneys and agents are of good moral character and sufficiently knowledgeable to practice before the USPTO. Mr. Covey’s team of attorneys and other professionals develop and administer a registration examination designed to measure an applicants’ knowledge of patent law and practice. Successful applicants are registered to practice by OED. In addition, OED investigates complaints of unethical conduct made against individuals practicing patent or trademark law before the Office.

Mr. Covey has held a number of key positions in the USPTO including Acting General Counsel, and Deputy General Counsel for the Office of General Law. Mr. Covey was appointed to the Senior Executive Service in 2007.

Mr. Covey received his undergraduate degree from Fordham University (Magna Cum Laude, Phi Beta Kappa) and earned his J.D. from Fordham University Law School in 1991. He graduated from Harvard University's JFK School of Government (Senior Executive Fellowship) in 2005 and the U.S. Army War College with an M.S. (Strategic Studies) in 2010.

Prior to joining the USPTO in 2000, Mr. Covey was a Special Assistant U.S. Attorney for the District of New Jersey. He also served on active duty in the Pentagon. He is currently a senior officer in the Army Reserve assigned to the Office of the Army General Counsel. He completed combat tours in Iraq (2007) and Afghanistan (2011) and served as Deputy Legal Counsel to the Chairman, Joint Chiefs of Staff.


Katie McCarthy is a partner in the New York office of King & Spalding’s IP practice group with 31 years of experience in trademark, design, internet, advertising and copyright matters. 

Katie advises clients on global IP issues and litigates IP cases in the federal courts and the U.S. Patent and Trademark Office Trademark Trial and Appeal Board. 

Katie is active on the Board of Directors of the New York Intellectual Property Law Association (NYIPLA) and is currently President-Elect of that organization, slated to take over as President in May. 

Katie recently finished a two-year term as the Editor-In-Chief of the International Trademark Association’s scholarly journal The Trademark Reporter, having written, solicited and edited articles for the journal for more than 20 years. 

Katie speaks frequently for the NYIPLA, INTA and PLI, and serves as one of the editors for the PLI book, Kane on Trademark Law.  Katie also actively promotes diversity in the profession through her involvement in King & Spalding’s Women in IP initiatives.

Katie lives in Astoria, New York where she, her husband and two sons can be found frequently hosting assorted siblings, nieces, nephews, cousins and friends.


John H. Zacharia is the former Assistant Deputy Chief for Litigation with the Computer Crime and Intellectual Property Section (CCIPS) of the United States Department of Justice’s Criminal Division, where he supervised all the intellectual property (IP) and cybercrime prosecutions by the section’s attorneys.  In his 12 years at CCIPS, John became one of the most experienced federal prosecutors of IP crimes in the United States.  John prosecuted and obtained jury verdicts in one of the largest counterfeit goods prosecutions in U.S. history, and he successfully obtained the first-ever conviction and sentencing of a cyberlocker operator. John has prosecuted organized copyright piracy groups in which defendants have received the maximum sentence for committing criminal copyright infringement. John successfully handled federal appeals brought by defendants convicted of trademark and copyright crimes.  John has also participated extensively in domestic and international IP enforcement training and outreach and developed and drafted legislative and policy initiatives addressing all facets of IP crime. 

Currently, John is an Attorney Advisor to the head of the Justice Department’s Drug Enforcement Administration. Before joining CCIPS, John was a Trial Attorney with the Federal Programs Branch of the Justice Department’s Civil Division, where he specialized in IP enforcement issues as well as constitutional and administrative law litigation on behalf of the United States.  Prior to joining the Justice Department, John was a Senior Associate at the law firm of Howrey & Simon.  John began his legal career as an associate at the law firm of Carlton Fields. 


Linda Thayer is a blend of an experienced litigator and patent portfolio strategist, with deep knowledge in both patent law and multiple complex technologies. She excels at guiding high tech clients in developing strong intellectual property portfolios and defending their patent assets before the Patent Trial and Appeal Board (PTAB) and in federal courts.

Linda’s wide range of knowledge and experience allows her to offer clients skilled guidance on a multitude of IP issues. She has been recognized by Intellectual Asset Management as a leading patent litigator and a leading patent prosecutor in Massachusetts. As a litigator, she has successfully defended clients in district court patent litigations and in the related PTAB proceeding to challenge the validity of the patent. By understanding the nuances of both fora, she can tailor cost-effective defenses for clients. Linda also excels behind the scenes, working to help clients avoid litigation by conducting freedom-to-operate and validity analyses, and issuing defensible opinions detailing her analysis or advising on administrative procedures before the U.S. Patent and Trademark Office (USPTO) to request review of patentability.

And because “the best defense is a good offense,” Linda works with clients to develop strong patent portfolios to protect key technologies. Defensible patents begin with a detailed, well-written patent application that adequately describes the invention and alternatives. Strategic, focused prosecution results in strong patents that provide important value to startups and established companies alike. Linda also assists clients in building their global patent asset portfolios by conducting due diligence investigations for investments and mergers and acquisitions, and advising clients on worldwide patent portfolio development, patent licensing and sales. 

Linda regularly engages in pro bono representation of veterans before the U.S. Court of Appeals for Veterans Claims and the Federal Circuit. She also represents domestic abuse victims for the Family Law Project of the Women’s Bar Foundation.