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Patent Litigation 2021: Advanced Techniques & Best Practices

Speaker(s): Christopher K. Hu, Christopher O. Green, Craig D. Leavell, Darrick J. Hooker, George E. Badenoch, Gregory L. Diskant, Hon. K. Nicole Mitchell, Hon. William C. Bryson, Jennifer H. Wu, Joseph Raczynski, Keyonn L. Pope, Michael I. Cohen, Reginald J. Hill, S. Gregory Herrman, Suann M. Ingle
Recorded on: Oct. 27, 2021
PLI Program #: 304325

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.).

Christopher Hu concentrates his practice in intellectual property litigation. He has more than 35 years of experience representing a broad spectrum of clients in patent and trade secret cases and disputes involving a wide range of technologies, including:

  • e-commerce
  • computers
  • telecommunications devices
  • medical products
  • chemicals
  • pharmaceuticals
  • consumer products
  • mechanical devices

Christopher speaks frequently at industry events on topics such as the interaction between the Leahy-Smith America Invents Act (“AIA”) and litigation, including patent litigation.

George has over 30 years’ experience in litigations and adversarial matters concerning all aspects of intellectual property, including patents, trade secrets, trademarks and copyrights.

George 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.

George also counsels clients in patent and other intellectual property licensing matters, and has been involved in the licensing aspects of large merger and acquisition transactions.

George has been recognized as a leading lawyer in the IAM Patent 1000 – The World’s Leading Patent Practitioners (2013), which ranked him in the top tiers in New York for both “Licensing” and “Litigation;” The International Who’s Who of Business Lawyers (2013, 2014); New York Super Lawyers (2009-2020) for Intellectual Property Litigation Law; The US Legal 500 for his work in the area of “IP – Patent Licensing and Transactional” (2014, 2015) and Patent Litigation (2015, 2016); and The Best Lawyers in America for Patent Litigation in New York (2020).

He 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.

Greg focuses his practice on patent and trade secret litigation.  He brings a unique skillset to each case: a solid technical background and the ability to simplify complex technical issues for judges, juries and his team.  Greg has represented clients in district court, at the Federal Circuit and at the Patent Trial and Appeal Board (“PTAB”).  His experience includes several trials and Markman and PTAB hearings.

Greg also advises clients on IP-protection strategies, and manages patent portfolios for several large corporations.  Greg’s practice has covered a diverse set of technologies, including digital imagers, medical devices, turbine engines, phase-change material (PCM) and computer systems and software.

Greg is active in Blank Rome’s pro bono partnership with The Veterans Consortium, representing veterans whose disability benefits have been denied by the Veterans Administration (“VA”).  Over the years, Greg has been successful in obtaining hundreds of thousands of dollars in retroactive disability payments for veterans who served the country honorably but who had been unable to obtain the disability benefits owed to them.

Greg attended Catholic University, Columbus School of Law in Washington, D.C., where he graduated magna cum laude in 2005 and was an editor of the law review.  Greg obtained a Bachelor of Science in electrical engineering (BSEE) from the University of Alabama in 1997, and a Master of Science in computer science in 2002 from the George Washington University.  Before becoming an attorney, Greg worked for a decade in software development and integration, building complex computer systems for customers including the Department of Defense. 

Gregory Diskant is a senior litigator at Patterson Belknap, where he served as chair of the firm from 1997-2007. As part of his active trial practice, Mr. Diskant regularly tries cases, and argues appeals, in federal and state courts, focusing on intellectual property and complex commercial litigation.

Mr. Diskant has secured billions of dollars in judgments and settlements for his clients, with multiple verdicts greater than $100 million. In jury trials around the country, Mr. Diskant has successfully represented both plaintiffs and defendants. Two of his jury victories for plaintiffs were cited as major plaintiff's verdicts of the year; two of his jury wins for defendants were cited as major defendant's verdicts of the year. Most recently, in April 2021, his trial court win over U.S. Customs was affirmed, negating the imposition of up to $600 million in duties and penalties for the importation of a life-saving pharmaceutical.  As part of his active appellate practice, Mr. Diskant has handled over 70 appeals in federal circuit courts around the country and the United States and various states Supreme Courts.

Mr. Diskant’s patent practice focusses on pharmaceuticals and medical devices.  In one well-known series of cases involving coronary stents, he was lead counsel in over fifteen trials in district courts and arbitrations throughout the country.  In these cases, he eventually recovered over $3 billion for his client.  Mr. Diskant has handled over 35 cases in the Federal Circuit.

Prior to joining Patterson Belknap Mr. Diskant served as Assistant United States Attorney and as Chief Appellate Attorney for the Southern District of New York. He also served as a Law Clerk to the Hon. Thurgood Marshall, Supreme Court of the United States and the Hon. J. Skelly Wright, U.S. Court of Appeals for the District of Columbia Circuit.

Joseph is an innovator and early adopter of all things computer related.  His primary focus is around the future of technology, and speaks globally about Legal Technology, Cybersecurity, Blockchain, Artificial Intelligence, Cryptocurrency, and Robotics (drone technology).  He also writes about the future of technology as it impacts the crossroads of our personal and professional lives, especially in the legal sector. Under the umbrella of Thomson Reuters, The Hearing a Legal Podcast, Joseph hosts a show with a technology focus. He also serves as a mentor with the Columbia | IBM Blockchain Accelerator, a Cybersecurity Committee Member at the University of South Florida, and is a presidential committee appointee to the American Bar Association, Center for Innovation Governing Council.

Joseph founded wapUcom, LLP, consulting with companies in web and wireless development. As a side project DC WiFi was created to help create a web of open wireless WiFi access points across cities and educate people about wireless security. Currently Joseph is with Thomson Reuters Legal managing a team of Technologists for both the Large Law, Corporate, and Government divisions in the US. Joseph serves the top law firms in the world consulting on legal trends and customizing Thomson Reuters legal technology solutions for enhanced workflows. He graduated from Providence College with a BA in Economics and Sociology and holds a Masters in eCommerce and MBA from the University of Maryland, Global Campus.

You can connect with Joseph at or or on Twitter @joerazz

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 and Jaworski Fellow at Baylor Law School where she regularly teaches in the Baylor Law Academy of the Advocate study abroad program in St. Andrews, Scotland.  Judge Mitchell is currently working on her LLM in Judicial Studies at Duke University School of Law.  Judge Mitchell serves as the president of the T. John Ward Inn of Courts and the president-elect of the Federal Magistrate Judges Association. 

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

Mike Cohen is an Associate General Counsel of Intellectual Property at Baxter International, Inc., responsible for managing the intellectual property portfolio strategy, freedom to operate activity, and litigation for various software and software-embedded medical products.  Prior to joining Baxter in 2014, Mike was an IP litigation partner in Kirkland & Ellis LLP’s Chicago office, where he spent roughly a decade representing Fortune 500 companies in high-stakes patent and commercial litigation matters.  Mike holds bachelor and masters degrees in engineering from Bradley University and graduated summa cum laude with a J.D. from the University of Illinois College of Law.  Before law school, Mike was a software developer and consultant at Accenture. 

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 ranked in the Chambers USA 2021 guide and 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, ITC Section 337, 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.

Suann Ingle is one of the country’s top visual communication consultants for trial attorneys and litigants. An expert graphic designer, she is also a trusted partner who offers decisive advice on presentation strategy and execution. After thousands of hours in the hot seat in courtrooms and arbitration hearings, Suann remains calm, focused and unflappable regardless of circumstances. This enables her to sense what’s coming, and adjust visual communication on the fly to keep judges, juries and arbiters focused on the merits of the case.

Since entering the field in 1994, Suann has consulted on a wide range of litigation matters, including intellectual property, white collar, insurance, financial services, employment, and complex business disputes. She has extensive experience in scaling and managing trial support teams and has helped deliver successful outcomes in venues throughout the United States and in Europe.

Her visual expertise is grounded in academic study, including a Master of Science degree in Communications Design from Pratt Institute. When she is sketching her ideas, Suann explains the principles behind the sketch – and why they increase the odds of winning. Her personal warmth and empathetic style also enable her to teach, develop and inspire other graphics professionals to embrace the challenges of high-stakes litigation as a career.

Prior to entering the field of trial consulting, Suann spent seven years at Coca-Cola in New York where she managed the Creative Services Department. In 1996, she joined TrialGraphix and was instrumental in establishing its New York office. She also spent three years at DecisionQuest, where she assisted legal teams in trial, providing visual solutions to complex, high-stakes cases. Before starting her own firm, Suann worked at FTI Consulting, Inc., leading the New York office of the Trial Services Division.

WILLIAM C. BRYSON was appointed by President William J. Clinton in 1994. Prior to his appointment, Judge Bryson was with the United States Department of Justice from 1978 to 1994.  During that period, he served as an Assistant to the Solicitor General [1978-79], Chief of the Appellate Section of the Criminal Division [1979-83], Counsel to the Organized Crime and Racketeering Section [1983-86], Deputy Solicitor General [1986-94], Acting Solicitor General [1989 and 1993], and Acting Associate Attorney General [1994].  He was an Associate at the Washington, DC law firm of Miller, Cassidy, Larroca and Lewin from 1975 to 1978.  Judge Bryson served as Law Clerk to the Honorable Henry J. Friendly, United States Court of Appeals for the Second Circuit from 1973 to 1974, and as Law Clerk to the Honorable Thurgood Marshall, Supreme Court of the United States, from 1974 to 1975.  Judge Bryson received an A.B. from Harvard College in 1969 and a J.D. from the University of Texas School of Law in 1973.

A partner in the Litigation Department, Jennifer H. Wu focuses her practice on patent litigation matters.  Jennifer frequently tries cases in federal district courts and the International Trade Commission.  She also argues appeals in the U.S. Court of Appeals for the Federal Circuit, and represents clients in the U.S. Supreme Court.  She has litigated patents in a wide variety of technical areas including sequencing technology and GPS devices, with a particular emphasis on biotechnology.  Jennifer’s work on biologics includes litigating issues of first impression as to the BPCIA.

Jennifer has been widely recognized within the legal industry and the patent litigation bar for her achievements.  In 2019, Jennifer was named to Benchmark Litigation’s “40 & Under Hot List – Northeast.” In 2018, she was selected by The New York Law Journal as a “Rising Star,” an award that recognizes top attorneys under the age 40.  In 2017, Jennifer was a recipient of the “Best Under 40” award from the National Asian Pacific American Bar Association (NAPABA).

Jennifer is a member of the Board of the Federal Circuit Bar Association (FCBA), and a former co-chair of the FCBA Patent Litigation Committee, the Mock Argument Committee, and the Rules Committee.  She received the FCBA’s George Hutchinson Committee Award recognizing committee leadership in 2016 and 2018.  In addition, she has moderated and spoken on NAPABA panels and mentored younger lawyers by judging the Thomas Tang Moot Court competition, of which she is a past Northeast Regional winner.  She is also a co-chair of the Women’s Committee of the Asian American Bar Association of New York (AABANY).  Jennifer is Paul, Weiss’s sponsoring partner for the Asian American Legal Defense and Education Fund (AALDEF), a regular contributor to Paul, Weiss’s amicus briefs before the U.S. Supreme Court on behalf of the American Bar Association, and the recipient of Paul, Weiss’s 2017 Teaching Award, awarded by the firm’s associates for excellence in mentorship.  In addition, Jennifer is a Board member and the Finance Committee Chair of Friends of UNFPA, which supports the life-saving work of the United Nations reproductive health and rights agency, the United Nations Population Fund.

A tech-savvy litigator and business-minded advisor, Keyonn Pope helps clients navigate complex and high-stakes issues involving intellectual property, media and entertainment, and a range of commercial disputes.

Clients across multiple industries rely on Keyonn to represent their brands in bet-the-company patent and trademark litigation and to help them develop and implement the strategies that protect their key technologies, domain names, product licenses, business processes, and more. With a deep technical background as an electrical engineer for a major manufacturing company and experience performing under pressure as both a student-athlete and musician, he has a unique ability to explain complicated subjects clearly and persuasively, which has enabled him to achieve favorable results for his clients even in the most challenging circumstances. Clients value Keyonn’s outstanding communication, proactive approach, and leadership skills, which balance an engineer’s attention to detail with a competitor and performer’s focus on achieving success. Though his practice is rooted in his work as an intellectual property litigator, clients routinely turn to him for guidance and counsel on a wide range of matters.

Recognized by Bloomberg Law in 2021 as one of 40 outstanding young attorneys nationwide, Keyonn is widely respected as a trusted advisor to clients and colleagues alike, adept at building and managing teams to take on the full spectrum of commercial litigation, including contract disputes, supply chain issues, labor and employment matters, and bankruptcy and restructuring transactions.

A regular speaker on legal topics, media and entertainment, and racial equity, Keyonn also devotes significant time to civic and pro bono matters.

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.