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Patent Litigation 2020: Advanced Techniques & Best Practices


Speaker(s): Christopher O. Green, Craig D. Leavell, Darrick J. Hooker, David J.F. Gross, David K. Callahan, Elizabeth A. Cutri, Hon. K. Nicole Mitchell, Hon. Sara L. Ellis, Hon. Thomas M. Durkin, John D. Gilleland, Ph.D., Julianne M. Hartzell, Kellie Janke, Laura Beth Miller, Li-Chung Daniel Ho, Neil C. Jones, Reginald J. Hill, Robert S. Dailey, Ryan Hubbard, Squire Servance, Thomas W. Ritchie
Recorded on: Oct. 21, 2020
PLI Program #: 302536

Christopher Green is a Principal in Fish & Richardson’s Atlanta and Washington, DC, offices. He is a first-chair trial lawyer whose practice spans all areas of intellectual property litigation and counseling. He has successfully tried cases in venues across the country on behalf clients ranging from start-ups to Fortune 100 companies, including matters originating in both state and federal courts, as well the United States International Trade Commission. In addition to his courtroom work, he is a registered patent attorney who actively assists his clients in managing various post-grant proceedings before the Patent Trial and Appeals Board. He is a regular lecturer on issues relating to intellectual property law, including at the Emory University School of Law and the Georgia Institute of Technology’s Scheller College of Business. An active member of his community, Mr. Green coaches youth basketball and volunteers his services through the Atlanta Volunteer Lawyer Foundation’s Safe Families office to assist families who are suffering incidents of domestic violence.

A co-founder of Fish’s Atlanta office, Mr. Green has received substantial recognition for his representation of his clients, such as being selected for inclusion in the 2014-2019 editions of Chambers USA as a leader in his practice and as one of The Best Lawyers in America© for Intellectual Property and Patent Litigation every year since 2015. He has also been named as an intellectual property Super Lawyer from 2013-2019.

Mr. Green’s litigation and counseling experience encompasses a diverse range of technologies, including mobile devices, pharmaceuticals (Hatch-Waxman) and medical devices, power management, 3GPP protocols, fiber optics, medical imaging, Voice over IP (VoIP) and related protocols, microprocessor design and operation, mesh networks, digital video and encoding standards, logistics and queue management software, network security, industrial control and automation, industrial and commercial lighting products, interactive voice response (IVR) systems, and satellite communications.

Prior to entering the practice of law, Mr. Green gained substantial technical experience while serving at a software development firm, where he designed applications for international and domestic telecommunications clients. He has additional engineering experience in areas such as wireless communications and electric power generation and delivery systems.

Mr. Green is an alumnus of the Georgia Institute of Technology (Bachelor of Electrical Engineering), Vanderbilt University’s Owen Graduate School of Management (M.B.A) and Wake Forest University’s School of Law (J.D.).


David Callahan, Global Chair of Latham & Watkins’ Intellectual Property Practice, represents clients in complex litigation in the areas of patent, trademark, trade secret, false advertising, and unfair competition.

Profile

Mr. Callahan represents clients in a range of industries, including medical devices, semiconductors, consumer products, and automotive products. He has particularly significant experience representing medical device and orthopedic manufacturers both as plaintiffs and defendants.

He develops winning strategies for clients based on his more than 25 years of experience as a trial lawyer, litigating bench and jury trials, as well as before the Federal and Seventh Circuit Courts of Appeal.

Leadership

Mr. Callahan is a board member of Lawyers for the Creative Arts and the Public Interest Law Initiative. He currently serves as a member of Latham’s Recruiting Committee.


David J.F. Gross is an IP trial lawyer in the Silicon Valley office of Faegre Drinker, a 1400-professional firm with over 140 intellectual property professionals and offices in the United States, England, and China.  The National Law Journal named David one of the “Top Ten Winning Litigators in the United States” based on his complete defense jury verdict in a patent case for Seagate Technology in the Central District of California.  David is a magna cum laude graduate of Harvard Law School, a national speaker on trial advocacy and IP litigation, and co-author of the NITA trial practice book, The Power Trial Method, and the casebook Winning Patent Litigation. David serves as an Advisory Board member of Stanford Law School’s Center on the Legal Profession and helps coordinate the firm’s activities as an official partner of Stanford’s Legal Design Lab.


Dr. John D. Gilleland is a Senior Litigation Consultant at Magna Legal Services, a full-service litigation consulting and strategic communications firm with offices in Chicago, Delaware, Ft. Lauderdale, Houston, Las Vegas, Los Angeles, New Jersey, New Orleans, New York, Philadelphia, San Francisco, Tampa, and Boston, Washington DC.

Dr. Gilleland provides research-based and experiential data analysis to trial teams throughout the country. He has worked on all types of high-profile and large-exposure litigation, including literally dozens of matters each within the areas of antitrust, product liability, intellectual property, labor & employment, professional malpractice, environmental, and securities. He consults on national litigation matters pertaining to a variety of industries, including construction, automotive, airline, pharmaceutical, petroleum/petrochemical, biotech, manufacturing, and medical. He is also an expert in the fields of witness preparation, having worked with hundreds of witnesses, including assisting with witness training schools for multiple firms involved with forensic accounting services.  Dr. Gilleland has also participated in over 350 jury selections, assisting counsel with oral & written voir dire, the construction of supplemental juror questionnaires, and actual in-court jury selections.

One of Dr. Gilleland’s specialty areas of work is in assistance with all types of intellectual property disputes, for which he has conducted mock jury research on over 80 fact patterns. Along with patent matters, he has worked on literally dozens of fact patterns involving trademark and/or copyright issues, including but not limited to claims of copied software code, computer programs, program routines, and music.

A full-time jury consultant and researcher since 1988, he has been in the national spotlight on numerous occasions and has appeared as a commentator on both local and national talk shows and has been quoted in a wide range of media, including national publications such as The National Law Journal, Lawyers Weekly, The Wall Street Journal, and USA Today.  Dr. Gilleland has over 32 years of dedicated jury consulting research experience and has conducted mock jury work on over 1,300 cases, as well as strategic hourly consulting on hundreds of others.


Elizabeth Cutri is General Counsel of Stats Perform, market leader in the sports tech sector. Stats Perform provides data and AI solutions to tech giants, media and broadcast companies, sportsbooks, and a wide variety of teams and leagues. Elizabeth leads the global legal team, comprising eight attorneys and support staff that handle the full range of Stats Perform’s legal issues. Prior to Stats Perform, Elizabeth was a partner in the Chicago office of Kirkland & Ellis, focusing largely on litigation and intellectual property.


Judge Mitchell, a native Texan, was born and raised in Victoria, Texas.  She graduated with honors from Baylor Law School after receiving both bachelors and masters degrees from Texas A&M University.  While at Baylor, Judge Mitchell served as the Senior Executive Editor of the Baylor Law Review, as well as Managing Editor of the Law Review’s Texas Practice Edition.    

After law school, Judge Mitchell clerked for the Honorable Chief Judge Leonard Davis in the Eastern District of Texas before starting her civil practice at Fulbright & Jaworski (now Norton Rose Fulbright) in Houston, Texas.  Judge Mitchell’s practice focused primarily on the area of Health Law Litigation, but she also worked on patent cases and is licensed to practice before the USPTO.  After her time at Fulbright & Jaworski, Judge Mitchell returned to the Eastern District of Texas to serve as the Chief Staff Attorney to Judge Davis. 

Judge Mitchell was sworn in as a United States Magistrate Judge on August 16, 2013.  In her time on the bench, Judge Mitchell has overseen numerous patent and general civil litigation cases.  She also mediates cases pending in the Eastern District of Texas and the United States Court of Appeals for the Federal Circuit.   In addition, Judge Mitchell serves as an adjunct faculty member at Baylor Law School where she regularly teaches in the Baylor Law Academy of the Advocate study abroad program in St. Andrews, Scotland.

When not working, Judge Mitchell enjoys running, fishing, and spending time with her husband and four active boys.


Julianne Hartzell is a trial lawyer with significant experience in intellectual property litigation, including cases involving patent, trademark, copyright and trade secret. She also has experience enforcing covenants not-to-compete and confidentiality agreements. She represents clients in arbitration, mediation, district court litigation, appellate proceedings, and before the TTAB and PTAB.

Clients hire her to protect their intellectual property rights and to defend them against infringement allegations. She works closely with her clients to understand their business needs and aggressively defends her clients’ interests, seeking the most efficient route to resolve litigation in a way that satisfies those needs.

Julianne has completed the American Arbitration Association’s 40 hour mediator training and is available to mediate disputes.

In addition to her leadership role as the Chair of the Firm's Medical Devices practice, Julianne is a recognized leader in the legal and business communities:

  • America’s 100 Top High Stakes Litigators® (2018)
  • Litigation Trailblazers and Pioneers list, National Law Journal (2016)
  • Law Bulletin’s "40 Illinois Attorneys Under Forty To Watch" (2014)
  • The Best Lawyers in America© list, Litigation -- Intellectual Property category (2016-2018)
  • "IP Star" in Managing IP's IP Stars Survey (fka the World IP Handbook and Survey) (2016-2018)
  • "Emerging Lawyer," Emerging Lawyers Magazine (2015-2017)
  • Illinois SuperLawers® list (2017-2018); Illinois Rising Stars® lists (2011-2016)
  • Profiles in Diversity Journal's "Women Worth Watching" honoree (2015)
  • "Top Rated Lawyer in Intellectual Property" by American Lawyer Media (ALM) and Martindale-Hubbell (2013, 2018)
  • Chicago Bar Association's Alliance for Women's Alta May Hulett Award (2012)
  • Martindale-Hubbell® AV Preeminent Peer Review Rating
  • Fellow of the Litigation Counsel of America

Julianne earned B.S. degrees in Mechanical and Biomedical Engineering from Duke University. Her J.D. is from the University of Michigan Law School.


Kellie is experienced in all aspects of pre-trial research. She has provided litigation support on civil matters across the country in the form of jury research including focus groups, mock trials, theme development, venue analysis, community attitude surveys, jury profiling, voir dire consultation, and damages valuation. In addition, Kellie has assisted trial teams with witness preparation and communication training, jury selection, trial monitoring, shadow juries, and post-trial juror interviews.

Kellie has consulted on numerous multi-million-dollar cases including, but not limited to, personal injury, wrongful death, product liability, intellectual property, insurance coverage, medical malpractice, fraud, and construction defect cases.

Ms. Janke is a trained neuroscientist which allows her to apply her scientific and clinical expertise to cases with complex medical and technical issues.  Kellie has provided continuing legal education courses and presentations across the nation for various organizations, universities, and law firms. She is a published author and a member of the Society for Neuroscience and the American Society of Trial Consultants. She has a Master’s degree in Neural and Cognitive Sciences.


Laura Miller brings intensity, intellectual curiosity, and a wealth of experience to every project she tackles. Whether representing technology companies in a patent infringement proceeding before the United States International Trade Commission, counseling clients on protection of their intellectual property as they expand their Internet or global presence, or helping high school students develop the analytical skills and self-confidence to succeed in college, Laura brings personal commitment and drive to her work.

Laura has more than 30 years of litigation and counseling experience and takes a hands-on approach while staying focused on the client’s ultimate goals and strategies. She is recognized as a leading patent practitioner by Intellectual Asset Management magazine's "IAM Patent 1000,” Globe Business Media Group from 2014-2019, which says that Laura "relishes getting to grips with vanguard technologies and creating stories around them for the courtroom."

While others may shy away from new technologies, Laura tackles them head-on. As her clients’ technology and business needs continue to evolve, Laura’s knowledge base expands to meet those needs. For example, as clients transitioned their business and advertising activities to online platforms to the internet, Laura counseled them on best practices for protecting and defending their IP rights. More recently, Laura has been counseling clients on the recently expanded post-grant proceedings that are available before the U.S. Patent Office for challenging and defending patents in that forum, and representing clients in those proceedings. Laura’s approach is to chart a course of action that not only solves a client’s immediate need, but also more broadly helps her clients meet their long-term business goals. 


Neil Jones is a senior member of the intellectual property law and litigation group in the Greenville, South Carolina office of Nelson Mullins Riley & Scarborough.  He primarily litigates patent, trademark, trade dress, and false advertising cases.  Neil also renders patent infringement and validity opinions, assists clients with the development and valuation of their intellectual property, negotiates intellectual property licenses domestically and internationally, and counsels clients in all aspects of intellectual property.

Neil obtained his JD from the George Washington University Law School and is a former Federal Circuit clerk.  He is a member of the South Carolina and Texas bars and has litigated intellectual property cases in more than 20 district courts as well as at the U.S. Courts of Appeal for the Federal and Eleventh Circuits.  He is recognized by The Best Lawyers in America® for Intellectual Property Litigation.

Neil’s true passions are any water sport, including water skiing, wakesurfing, wakeboarding and fishing.  Luckily, he can do that just about any time he wants because he lives on beautiful Lake Keowee in upstate South Carolina. 


Reginald J. Hill is co-chair of the firm’s Patent Litigation and Counseling Practice.  He focuses his practice on intellectual property litigation and counseling. Clients seek his help with a variety of matters including patents, copyrights, trademarks and trade secrets, particularly related to technology.  He has served as lead counsel in bench and jury trials, appeals, PTAB trials, Markman hearings and arbitrations. His breadth of experience includes more than 25 years in the exploitation, procurement, development and protection of intellectual property in a wide range of technologies, including computers, digital communications, Internet and emerging technologies.

Mr. Hill is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability. In 2003, Diversity & the Bar recognized him as one of the top intellectual property lawyers of color in the country. Every year since 2008, Mr. Hill has been recognized as an Illinois Super Lawyer in intellectual property. Mr. Hill is a member of the Patent Litigation and Counseling and Trademark, Advertising and Unfair Competition Practices, as well as a member of the Firm’s Management Committee.

Mr. Hill served as chair of the Illinois State Bar Association's Intellectual Property Section Council in 2001. His community work centers around opportunities for youth and includes serving as a member of the board of directors for Chicago Scholars.  He has served as pro bono counsel for indigent individuals accused of crimes ranging from battery to murder.  Before practicing law, Mr. Hill spent 10 years as an electrical engineer in research and product development with AT&T Bell Laboratories and Motorola, distinguishing himself in the design and development of computer hardware and architectures for audio and video compression technology.

Mr. Hill graduated from Tuskegee Institute with highest honors in 1984 receiving a B.S. in electrical engineering.  He received his M.S. in electrical engineering from the Georgia Institute of Technology the following year and received his J.D. degree from John Marshall Law School, cum laude, in 1994.


Robert S. Dailey is Senior IP Counsel at Firmenich.


Ryan Hubbard serves as Shopify's Senior Counsel for IP Litigation.  In this role, he oversees Shopify's IP and other litigation around the world, and is responsible for ensuring that Shopify complies with global intellectual property laws.  Before moving in-house, Ryan was a partner with Kirkland & Ellis LLP and previously worked with the firms Jones Day and Fitch, Even, Tabin & Flannery LLP.  He received his J.D. summa cum laude from the University of Illinois College of Law, where he served as managing editor for the Journal of Law, Technology and Policy.  He received his B.S. in electrical engineering with a minor in biomedical engineering from the University of Illinois Urbana-Champaign.


Squire Servance is an Associate General Counsel with Baxter International Inc. In this role, he serves as chief legal advisor and senior leadership team member for the approximately $2B global pharmaceuticals business division, overseeing a global team of attorneys who support the pharmaceuticals product lines. 

Mr. Servance joined Baxter from Dr. Reddy's where he served as Director, Sr. Legal Counsel. Prior to joining Dr. Reddy's, Mr. Servance worked in a variety of settings including as an attorney with Morgan, Lewis & Bockius LLP and as a law clerk for Judge Jerome A. Holmes of the U.S. Court of Appeals for the Tenth Circuit.

Mr. Servance received his J.D. from Duke University School of Law, where he was an articles editor for the Duke Journal of Gender Law and Policy and staff editor for the Duke Journal of Constitutional Law and Public Policy. He received his M.B.A. with a concentration in corporate finance and a Certificate in Health Sector Management from Duke University, Fuqua School of Business. He received his B.S., with honors, with a double major in biomedical engineering and cell biology and neuroscience from Rutgers University, School of Engineering.


The Honorable Sara L. Ellis is a United States District Court Judge for the Northern District of Illinois.  She was appointed to the bench by President Barack Obama in October 2013.  Judge Ellis received a Bachelor of Arts degree in 1991 from Indiana University, and a Juris Doctor in 1994 from Loyola University Chicago School of Law. She worked as a staff attorney at the Federal Defender Program in Chicago from 1994 to 1999.  From 2000 to 2004 and 2008 through 2013, she worked in private practice in civil litigation and white collar criminal defense.  From 2004 to 2008, she served as Assistant Corporation Counsel for the City of Chicago Department of Law, handling claims for injunctive relief and civil rights lawsuits.


Thomas M. Durkin became a United States District Judge for the Northern District of Illinois on January 14, 2013, having been nominated by President Barack Obama on May 21, 2012. Judge Durkin received a JD degree with honors from DePaul University College of Law in 1978 and a BS degree in accounting with honors from the University of Illinois in 1975. Following graduation from DePaul University, Judge Durkin served as a law clerk to the Honorable Stanley J. Roszkowski of the United States District Court for the Northern District of Illinois from 1978 to 1980. After his clerkship, Judge Durkin served as an Assistant United States Attorney in Chicago from 1980 to 1993, where he held positions as First Assistant US Attorney, Chief of the Special Prosecutions Division, Chief of the Criminal Receiving and Appellate Division, and Deputy Chief of the Special Prosecutions Division. While an Assistant United States Attorney he tried over 50 jury trials. Before taking the bench, Judge Durkin was a partner in the law firm of Mayer Brown LLP from 1993 to 2013, specializing in complex commercial litigation, white collar criminal defense, and internal investigations. He served on the Board of the Legal Assistance Foundation from 1999 to 2008. He has been a Fellow in the American College of Trial Lawyers since 2000. He was appointed by Chief Justice Roberts in 2015 to the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States.


Tom Ritchie is a partner in the intellectual property practice in the Chicago office of Jones Day.  His practice focuses on high-technology patent litigation in U.S. district courts and before the USPTO’s Patent Trial and Appeal Board (PTAB)

During his engineering career prior to joining Jones Day, Tom held leadership and technical positions at Motorola, WMS Gaming, and Novarra. His engineering background includes experience in the areas of cellular radio systems, digital communications, real-time embedded systems, software development, and internet-related technologies. Tom is a co-inventor on three issued patents relating to his Code Division Multiple Access (CDMA) cellular systems product development work at Motorola.

Tom is a member of the Richard Linn American Inn of Court, the Intellectual Property Law Association of Chicago, and the PTAB Bar Association. He also assists with Jones Day's pro bono Laredo Project, which serves victims of gang violence and domestic abuse who are fleeing Central America to seek asylum under the immigration laws of the United States.


As a member of Taylor English’s Intellectual Property Department, Dan Ho devotes his practice to technology law, with emphasis on patent and trademark prosecution, patent and trademark litigation, technology licenses, and service agreements. With 23 years of legal experience, he is knowledgeable in all aspects of patent and trademark litigation in federal court, as well as in arbitration setting. Mr. Ho has written and prosecuted more than a hundred patent applications in mechanical, chemical and software technologies, including U.S. Patent Nos. 6,793,545 and 6,568,969 to Arctic Cat., which were found to be valid and infringed by Bombardier resulting in $46.7 million damages. Mr. Ho counsels clients on intellectual property rights, including performing patent freedom to practice evaluations and providing opinions. He negotiates and prepares technology licenses and service agreements and also manages and participates in merger and acquisition deals. Before joining Taylor English, Mr. Ho worked as an in-house attorney at two large global companies, Tata Communications as the head of the intellectual property department and Accenture as the intellectual property lead of Accenture’s five operating groups. Prior to being an in-house attorney, Mr. Ho was an attorney at an international, general practice law firm, and several intellectual property boutique law firms. Before entering the practice of law, Mr. Ho was an engineer at Ford Motor Company where he worked as a product planning analyst on the Ranger/Bronco II and WindStar vehicle platforms and as a steering and suspension release engineer for the light truck platforms. While an engineer at Ford, Mr. Ho obtained his Professional Engineer license.


Developed over the course of more than 20 years, Craig Leavell’s practice encompasses various IP and technology matters, including utility and design patents, trademarks, trade secrets, copyrights, unfair trade practices, and contract disputes, with a focus on patent infringement and trade secrets litigation. He is valued for being able to efficiently digest the science and mechanics behind how and why such technologies work, and explain those complicated facets in more easy to understand terms for clients, courts and juries.

An avid and quick learner with a passion for innovation, Mr. Leavell is not intimated by any particular technology. He enjoys learning about new inventions, processes and procedures, which allows him to grow as his clients grow. He provides clients with solid counsel regarding diesel engines and fuel systems, vehicle navigation and infotainment systems, telematics systems, power window motors and safety systems, railroad freight cars, data security, medical devices and methods of treatment, control systems and algorithms, and wireless telecommunication devices, fiber optic communication and distribution equipment, video coding and decoding software and hardware, liquid crystal displays, high-speed and cloud-based printing technologies, and website technologies.

Mr. Leavell carefully guides and represents intellectual property owners in protecting and enforcing their rights, and in defending those accused of infringing the rights of others.

Outside of his IP practice, Mr. Leavell has always been invested in pro bono work. He finds helping those in need very rewarding, particularly those he has represented in connection with Lawyers for the Creative Arts. In 2019, he was recognized by the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association with their Award for Excellence in Pro Bono Service. And in 2018 and 2019, he was placed on his former firm’s pro bono honor roll for consistent and impactful pro bono endeavors.

Mr. Leavell graduated cum laude from the University of Illinois at Urbana-Champaign with a bachelor’s degree in general engineering in 1995. He went on then to graduate magna cum laude from the University of Illinois College of Law with his J.D. in 1998.


With a reputation for having an in-depth understanding of his client’s businesses and their technologies, Darrick Hooker is a counselor and a litigator who routinely advises clients on a variety of intellectual property issues, with a focus on patents. He also helps protect clients’ trade secrets, trademarks, and copyrights and has a thriving commercial litigation and entertainment law practice.

Darrick strives to help his clients identify and manage their global IP assets. He is able to do this successfully as a result of his deep transactional and litigation experience, including but not limited to, the medical device, pharmaceutical, health care, computer software, chemical, mechanical device, industrial, renewable energy, utility, mechanical engineering, and automotive and transportation industries.

Darrick assists his clients with licensing, risk assessment and management, internal governance, compliance, and due diligence investigations in connection with licensing transactions, mergers and acquisitions. He brings particular strength where intellectual property portfolio acquisitions involve issues of licensing and “freedom to practice” analyses of products, methods, and packaging. This includes conducting patent landscape investigations, and opinion work such as patentability, validity, non-infringement, and freedom-to-operate opinions.

He is also skilled in conducting initial case evaluation and assessment, developing case and trial strategy and settlement options, managing all phases of discovery, as well as with Markman hearings, trial, and post-trial proceedings and appeal.

As a commercial litigator, Darrick represents clients in matters involving complex cybersecurity, product liability and premises liability, along with breach of commercial agreements. In the entertainment sphere, he advises on intellectual property, licensing and other contract rights, publishing rights, rights of publicity, and branding issues.