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Patent Litigation 2013

Speaker(s): Bert C. Reiser, C. Edward Polk, Jr., Carolyn H. Blankenship, Christopher K. Hu, Constance S Huttner, David Brightman, David J. Kappos, David J.F. Gross, Elaine Herrmann Blais, Eric J. Lobenfeld, Gene W. Lee, George E. Badenoch, Heather A. Faltin, Hon. Theodore R. Essex, Jennifer BianRosa, Nicholas K. Mitrokostas, Peter Schwechheimer, Timothy Sullivan
Recorded on: Nov. 11, 2013
PLI Program #: 42659

Bert C. Reiser

Bert Reiser is a partner in Latham & Watkins’ Washington, D.C. office, where he is a member of Latham’s Intellectual Property Litigation Practice Group and is a lead attorney in the ITC Patent Litigation Practice.


Prior to joining Latham, Mr. Reiser was head of a multi-national law firm’s Section 337 Practice where he was involved primarily in international intellectual property disputes before the United States International Trade Commission (ITC) under Section 337 of the Tariff Act of 1930. In Section 337 investigations, Mr. Reiser has represented both American and foreign companies as complainants and respondents in nearly 40 ITC investigations, including more than a dozen trials.

Previously, Mr. Reiser was the attorney advisor to Judge Paul J. Luckern of the International Trade Commission, where he assisted in the adjudication of over 20 disputes under Section 337. He also has extensive experience in district court patent litigation throughout the United States.


Mr. Reiser’s experience includes:

  • Certain Baseband Processor Chips and Chipsets, Transmitter and (Radio) Chips, Power Control Chips and Products Containing Same, Including Cellular Telephone Handsets. Represented Qualcomm in a patent infringement case regarding cellular service and device industry. Obtained reversal on appeal of ITC remedy order, overturning significant and longstanding Commission precedent in the area of downstream exclusion remedy.
  • Certain Wireless Communication Chips and Chipsets, and Products Containing Same, Including Wireless Handsets and Network Interface Cards. Successfully represented Qualcomm in a patent infringement suit regarding cellular service and device industry. Obtained early termination of the investigation without trial.
  • Applied Medical Resources Corp. v. United States Surgical Corp. Successfully represented Applied Medical in a patent infringement case in the Central District of California against US Surgical in connection with Applied’s patents on surgical trocars and secured summary judgment of liability for Applied without trial, demonstrating that Applied’s patent was valid and infringed. US Surgical’s liability was affirmed upon appeal by the US Court of Appeals for the Federal Circuit.*
  • Certain Data Storage Systems and Components Thereof. Successfully represented complainant EMC Corporation in a complex patent infringement-based investigation under Section 337 against Hitachi. The investigation involved six software patents and more than 80 claims.*
  • Certain Flooring Products. Successfully defended respondents Unilin Décor N.V., BHK of America, Inc. and Meister-Leisten Schulte GmbH against patent infringement allegations. Following a full evidentiary hearing, the Administrative Law Judge (ALJ) found that none of the respondents infringed the asserted patents which was upheld upon review by the full Commission and upon appeal by the US Court of Appeals for the Federal Circuit.*

*These matters were handled prior to Mr. Reiser joining Latham & Watkins.


JD, American University, Washington College of Law, 1990
BA, Political Science, Central College of Iowa, 1985

Bar Qualifications

District of Columbia, Virginia



Recognition Highlights

Repeatedly recognized as a leading attorney for Section 337 litigation before the ITC. Chambers USA 2011 and The Legal 500 US 2011

Regarded as a Notable Practitioner by Chambers Global 2013

C. Edward Polk, Jr.

Mr. Polk is the Chief Litigation Officer for Exela Pharma Sciences, LLC.  Before joining Exela, Mr. Polk was a partner in the Washington D.C. office of Foley & Lardner LLP, where his practice included patent litigation, patent counseling, and representation of attorneys accused of ethical violations.  Before joining Foley & Lardner LLP, Mr. Polk was an Associate Solicitor with the United States Patent & Trademark Office where, among other things, he argued cases before the U.S. Court of Appeals for the Federal Circuit and district courts, and prosecuted members of patent bar for violations of the USPTO code of professional responsibility.

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.

Connie Huttner focuses her practice on patent and technical litigation, as well as litigation involving trade secrets, advertising, and licensing disputes. She has handled a variety of patent trials and appeals involving Abbreviated New Drug Applications (ANDAs) and other pharmaceutical issues, medical devices, software, cosmetics, electronic instruments, coatings, blowing agents and mechanical devices. She also has handled false advertising, and trade secret matters involving English muffins, chewing gum, detergents, food and sporting equipment. Connie has also provided patent opinions and counseling for matters including mergers and acquisitions and other corporate transactions.


Boston College (J.D., magna cum laude, 1980)
     Order of the Coif
     Boston College Law Review

Ohio State University (B.S. in Cellular Immunology, 1977) Phi Beta Kappa

David Brightman is Vice President and Associate General Counsel at Yahoo!.  In this role he leads the IP Litigation and Conflict Management group, and is responsible for managing Yahoo!’s patent and defensive trademark litigation.  He also investigates employee IP violations and participates in licensing and patent reform efforts.

Prior to joining Yahoo! in 2008, he practiced patent litigation at Fish & Neave/Ropes & Gray in Palo Alto, CA, and previously at Jones Day in Los Angeles, CA. He graduated from UCLA Law School and became a member of the California bar in 1997, and became a member of the patent bar in 2001.  He is originally from New York and earned his undergraduate degree in Mechanical Engineering from the University of Pennsylvania.

David J. Kappos is a partner at Cravath.  He is a leader in the field of intellectual property, including IP management and strategy, the development of global IP norms, laws and practices as well as commercialization and enforcement of innovation-based assets. 

From 2009 to 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO).  In that role, he advised the President, the Secretary of Commerce and the Administration on IP policy matters and was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the 2011 Leahy-Smith America Invents Act.

Prior to leading the USPTO, Mr. Kappos held several executive posts in the legal department of IBM, including as Vice President and Assistant General Counsel for Intellectual Property from 2003 to 2009.  In that capacity, he managed global IP activities for IBM.  During his more than 25 years at IBM, he also served in a variety of other roles including litigation counsel and Asia Pacific IP counsel.

Mr. Kappos has received numerous accolades for his contributions to the field of IP, including being named one of the “Top 25 Icons of IP” by Law360, one of the “50 Most Influential People in IP” by Managing IP, one of the “Top 50 IP Trailblazers & Pioneers” and one of the “100 Most Influential Lawyers in America” by The National Law Journal, “IP Professional of the Year” by the Intellectual Property Owners Association and being inducted into the Intellectual Property Hall of Fame by Intellectual Asset Management Magazine in 2012.

Mr. Kappos serves on the Boards of Directors of the Partnership for Public Service, the Center for Global Enterprise and the Intellectual Property Owners Education Foundation.  He is a member of the Advisory Board of ORoPO Foundation and Chair of the Advisory Council of the Naples Roundtable.  Additionally, Mr. Kappos is the U.S. Chair of the U.S.-China IP Cooperation Dialogue.  He is also an adjunct professor at Columbia Law School, where he teaches copyright litigation, and Cornell Law School, where he teaches legal advising for the start-up general counsel.

Mr. Kappos received a B.S. summa cum laude in Electrical and Computer Engineering from the University of California, Davis in 1983 and a J.D. from the University of California, Berkeley in 1990.

David J.F. Gross is an IP litigation partner in the Silicon Valley office of Faegre Baker Daniels, a 700-professional firm with over 100 intellectual property professionals and offices in the United States, England, and China.  In 2008, 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.

Elaine Blais, a partner in the firm's Litigation Department, focuses her practice on intellectual property litigation, particularly with respect to patent litigation. Ms. Blais has handled numerous patent infringement lawsuits in federal courts nationwide. She joined Goodwin Procter in 2001 and is currently a member of the firm's Hiring Committee and Partner Integration Committee. She also serves on the firmwide Women's Initiative Steering Committee, co-chairs the Boston Women's Initiative Council and is a member of the firm’s FinTech Practice. Ms. Blais has also served at various times on the firm's Alternative Billing Strategies, Renovations and Big Think Committees.

Work for Clients:

Ms. Blais has been litigating patent cases for nearly two decades. She has advised clients and participated in all phases of patent litigation, from initial counseling up through trial and appeal. Ms. Blais has worked on patent cases involving diverse areas of technology, including pharmaceutical products (Teva Pharmaceuticals, Fresenius Kabi), stem cell technology (ViaCell, Inc.), secure financial transactions (Fidelity), prepaid wireless technology (Freedom Wireless), the Internet (Lycos, Inc.), email tracking systems (Eloqua), semiconductor manufacturing tools (Applied Materials), consumer products (P&G), automatic transmission shift cables, software for reducing artifacts in MRI images, gaming devices and methods, glider designs, steel processing lines, and spinal implants.

She has also represented clients in cases involving copyrights, trademarks, trade secrets, unfair competition and patent-related antitrust issues. Ms. Blais has also filed amicus briefs on behalf of firm clients in a number of significant patent cases before the U.S. Supreme Court and the Federal Circuit sitting en banc, including Therasense v. Becton Dickinson, Microsoft v. i4i, and Caraco v. Novo Nordisk.

Ms. Blais has devoted a significant amount of her practice to counseling clients and advocating to Congress on behalf of clients regarding patent policy. In this capacity, she has worked on various pieces of legislation impacting the pharmaceutical industry, including the America Invents Act. Ms. Blais has been involved in drafting proposed legislation and has made numerous presentations before Congressional members and staff.

In 2012, Ms. Blais (and a client) were selected as a recipient of the Project for Attorney Retention’s 2012 PAR Flex Success Award. The award recognizes attorney-client relationships exemplifying how, with client and firm support, attorneys can work on flexible schedules, deliver exceptional legal services and enjoy extraordinarily successful careers.

In 2009, Ms. Blais was awarded the Mentor Award from the Political Asylum/Immigration Representation Project for her work on behalf of human rights and immigrant advocacy. Ms. Blais continues to dedicate pro bono time to the representation of immigrants seeking asylum, refugee status or special immigrant juvenile status in the United States. While attending law school, Ms. Blais was an associate editor of The Ohio State Law Journal.

Eric Lobenfeld's philosophy is to prepare each case as if it is going to trial. That puts the client in the strongest position to resolve the case, whether through settlement or through litigation to judgment.

Eric's work focuses on technology and life science intellectual property disputes. He has more than three decades of experience as a first-chair trial lawyer in patent, trademark, copyright, antitrust, unfair competition, and complex commercial cases. These include jury and non-jury trials in state and federal courts throughout the United States, as well as arbitrations and arguments in numerous state and federal appeals. He also handles post-grant review proceedings in the U.S. Patent & Trademark Office and has participated in Markman claim construction proceedings for more than 50 patents.

Eric represents companies in many industries, including computer hardware and software, pharmaceuticals and medical devices, bar code scanners and Radio Frequency Identification technology, Automated Teller Machines and web-enabled kiosks, semiconductor technology, television and motion picture technology, home and industrial lighting, and consumer electronics.

Eric is a regular panelist in the Practising Law Institute's annual two-day patent litigation program, where he has presented on expert issues and damages issues. He has also given a demonstration of a closing argument in a patent jury trial.

Gene Lee is an experienced lead counsel in patent litigations who is known for his thoughtful work and dedication to clients. In addition to patent litigation in the federal courts and the U.S. International Trade Commission, he regularly works on Patent Trial and Appeal Board trials, and also trade secret, copyright, trademark, unfair competition, and licensing disputes. Beyond adversarial matters, he also advises clients on licensing, patent portfolio analysis, and the IP aspects of corporate transactions.

Gene’s work has covered a wide range of technologies, including computer systems and software, telecommunications and wireless communications, medical devices, video games, audio processing, pharmaceuticals, financial services, chemistry, semiconductors and geoscience.

He has represented major U.S. and Asian companies in high-stakes disputes. Gene represented through trial the world’s largest alcoholic beverages company in the first investigation in the USITC pilot program for potential early disposition of cases. He also represented Taiwan’s first innovator drug company in a licensing dispute and supported related litigation in Taiwan regarding ownership of patent rights.

Gene is a Director of the PTAB Bar Association and the NY Intellectual Property Lawyers Association.

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 (2007, 2009-2016), and The US Legal 500 for his work in the area of “IP – Patent Licensing and Transactional” (2014, 2015) and Patent Litigation (2015, 2016).

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.

Nicholas Mitrokostas, a partner in Goodwin Procter’s IP Litigation Group, focuses his practice on commercial litigation, with a particular emphasis on intellectual property and patent litigation. Mr. Mitrokostas has extensive trial experience representing clients in the pharmaceutical and biotechnology industries in patent and antitrust litigation. He also has experience counseling and representing higher educational institutions in litigation. Mr. Mitrokostas also devotes a significant amount of time representing pro bono clients in criminal and immigration matters.

Work For Clients:

Mr. Mitrokostas’ recent representations include:

  • Teva Pharmaceuticals, Inc. v. Sandoz, Inc.: Representing Teva Pharmaceuticals in a significant patent litigation involving Teva’s blockbuster branded product, Copaxone®, the most prescribed treatment for relapsing remitting multiple sclerosis. The court ruled that Teva’s nine patents were valid, enforceable and infringed by the defendants’ ANDAs, which was partially upheld on appeal. The case was heard by the U.S. Supreme Court on October 15, 2014.
  • Teva Branded Pharmaceutical Products R&D, Inc. v. Perrigo, Inc.: Represented Teva Branded Pharmaceutical Products R&D, Inc. in patent litigation involving its inhaler, ProAir® HFA, the most widely prescribed albuterol sulfate metered-dose inhaler. The case was settled favorably.
  • Cephalon, Inc. v. Eagle Pharmaceuticals, Inc. (and related cases): Representing Cephalon, Inc. in patent litigation against 18 defendants involving Teva’s branded cancer drug, Treanda®, which is indicated for the treatment of certain lymphomas. The actions are pending in the U.S. District Court for the District of Delaware before Judge Gregory M. Sleet.
  • Mass. Inst. Tech. v. Shire: Representing M.I.T. in litigation involving infringement of patents relating to novel cellular-scaffolds discovered by Professors Bob Langer and Jay Vacanti. The action is pending in the U.S. District Court for the District of Massachusetts.
  • Teva Pharmaceuticals USA, Inc. v. Pfizer, Inc.: Represented Teva Pharmaceuticals USA as ANDA-defendant in patent litigation involving Pfizer’s products, Detrol® and Detrol® LA. The case was settled favorably.
  • Cephalon, Inc. v. Celgene, Corp.: Represented Cephalon, Inc. in patent infringement litigation involving a paclitaxel drug formulation in the U.S. District Court for the District of Massachusetts. The action is pending before the U.S. Court of Appeals for the Federal Circuit.
  • Genzyme, Inc. v. Anika Therapeutics, Inc.: Represented medical device company, Anika Therapeutics, Inc., which was sued for patent infringement relating to its proposed hyaluronic acid injection therapy, Monovisc®, in the U.S. District Court for the District of Massachusetts.

Mr. Mitrokostas also served as one of several attorneys at Goodwin Procter working on matters related to the criminal investigation and prosecution following the July 2006 Central Artery Tunnel collapse in Boston.


Judge Essex served as an Administrative Law Judge at the Office of Medicare Hearings and Appeals in Cleveland, Ohio, from November 2006 until his United States International Trade Commission (USITC) appointment in October 2007. He previously served as a consultant to the Compensation and Pension Service of the Department of Veterans= Affairs in Washington, DC, from 2005 to 2006.

From 1985 to 2005, Judge Essex served in a variety of positions with the U.S. Air Force (USAF), from which he retired in 2005.  He was Chief of the General Torts Branch of AFLSA/JACT in Arlington, VA, from 2002-2005. He served as Chief of Aviation Law with the Air Education and Training Command, USAF from 2000-2002; as Deputy Staff Judge Advocate with the Air Intelligence Agency, USAF from 1999-2000; as Chief, Operations Law, USAF Headquarters in the United Kingdom from 1996-1999; as an Attorney-Adviser in the AFLEM Office of International Claims and Investment Disputes at the U.S. Department of State from 1995-1996; as a Staff Judge Advocate based in Norway from 1992-1995; as a Deputy Staff Judge Advocate based in the United Kingdom from 1990-1992; as a Circuit Defense Counsel for the USAF AL Legal Services Center from 1988-1990; as a Deputy Staff Judge Advocate based in Belgium from 1987-1988; as an Area Defense Counsel from 1986-1987; and as an Assistant Staff Judge Advocate from 1985-1986.

Judge Essex holds a Juris Doctor degree from The Ohio State University, 1980 and a Bachelor of Arts Degree from Miami University in Oxford, Ohio in 1977. He holds an active law license in the state of Louisiana and is a registered solicitor in England and Wales. Judge Essex is also a professorial lecturer in law at The George Washington University Law School.

The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement.

Mr. Schwechheimer specializes in the application of financial and economic analyses to complex business matters involving litigation, technology licensing, and valuation, including the use of econometric methods to apportion value among inputs in complex devices. He has performed research, given economic testimony, and provided consultation in intellectual property, licensing, commercial damages, and antitrust matters – including the evaluation of economic damages involving lost profits, reasonable royalties, price erosion, unjust enrichment, profit disgorgement, and prejudgment interest – in patent, copyright, trade secret, trademark, and antitrust cases. He has also overseen the analysis of fair, reasonable, and non-discriminatory (FRAND) commitments and the economics of licensing standard essential patents (SEPs) in arbitration matters, federal district court cases, and at the US International Trade Commission (ITC); assessed intellectual property valuation, monetization, and licensing; and evaluated antitrust liability and damages for patent misuse and monopolization, as well as damages arising from incorrect inventorship.

Mr. Schwechheimer's experience covers a diverse range of high-technology industries, including computer hardware and software, semiconductors, wireless communication technology such as WiFi and Bluetooth, cellular telephony and smartphones, LCD panels, video game consoles, slot machines, telecommunications equipment, manufacturing processes, medical devices, stent grafts, and pharmaceuticals.

Carolyn H. Blankenship is General Counsel, Innovation & Product for Thomson Reuters.  She joined Reuters in 2001 and before that held a variety of IP-related positions as both in-house and outside counsel, including stints at Skadden, Arps and

Carolyn’s practice focuses on fostering innovation and protecting those innovations throughout the company.  In addition, Carolyn oversees all patent litigation and supports the IP aspects of the company’s M&A activity. 

As an undergraduate, Carolyn attended the Massachusetts Institute of Technology for two years and went on to earn a B.A. in Biology from Harvard College.  She has a J.D. from Arizona State University College of Law and clerked for the Hon. Noel Fidel of the Arizona State Court of Appeals.

Heather Faltin is the Senior Patent Counsel at Comcast Cable Communications.  Prior to joining Comcast, Ms. Faltin's was an associate in private practice.  Her practice focused on intellectual property litigation, with a particular emphasis on patent litigation.  She has represented clients from a variety of industries, ranging from telecommunications to medical devices.

Ms. Faltin received her J.D. from the University of Virginia School of Law in 2004.  During law school, she served on the editorial board of the Virginia Journal of Law and Technology.  She received a B.S. in Physics (magna cum laude) from the College of William and Mary in 2000.

Ms. Faltin is admitted to practice in Virginia, Pennsylvania and the District of Columbia and before the U.S. Patent and Trademark Office.

Jennifer BianRosa joined Dickstein Shapiro’s New York office in 2008 as an associate in the Intellectual Property Practice. Ms. BianRosa focuses her practice on patent litigation and client counseling.


Ms. BianRosa has litigated patents in the fields of medical devices and computer software; rendered opinions on non-infringement and invalidity; and advised companies on their intellectual property rights. She also has performed due diligence investigations.


  • Small v. Nobel Biocare USA, LLC et al
    Represented dentist in asserting two patents related to dental implants.
  • Barnes & Noble v. Alcatel-Lucent USA Inc.
    Defending Barnes & Noble against a charge of patent infringement involving seven software patents.
  • Barnes & Noble v. Xerox Corp.
    Defended Barnes & Noble against a charge of patent infringement involving four software patents.
  • Belair v. MGA Entertainment, Inc. et al
    Represented local artist Butch Belair in asserting copyright against dolls.
  • Medtronic Inc. v. W.L. Gore & Associates, Inc.
    Defending Gore against a charge of patent infringement involving shape-memory alloys used in medical devices such as aortic stent-grafts.
  • Edwards Lifescience v. Cook Inc. and W. L. Gore & Associates, Inc.
    Defending Gore against a charge of patent infringement involving aortic stent-grafts.
  • SCO v. IBM
    Represented IBM in a counterclaim against SCO for infringement of four software patents.
  • Compuware v. IBM, IBM v. Compuware
    Represented IBM in a counterclaim against Compuware for infringement of six software patents.


  • Computer Science
  • Due Diligence
  • Intellectual Property
  • Life Sciences and Chemicals
  • Litigation
  • Patent Litigation


New York

U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. Patent and Trademark Office


Prior to joining Dickstein Shapiro, Ms. BianRosa was an associate at Morgan & Finnegan LLP since 2003.


Ms. BianRosa is admitted to practice in New York and before the U.S. District Courts for the Southern and Eastern Districts of New York. She also is registered to practice before the U.S. Patent and Trademark Office.

  • Mark J. Abate & Jennifer BianRosa, “Intellectual Property Law Cases in the New York Federal Courts,” NYIPLA Bulletin Columnist (Jan. 2006 - Jan. 2007).
  • Walter G. Hanchuk & Jennifer BianRosa, “The Effect of the First-Filed Rule on Motions to Transfer,” IP Litigation Column, E-Commerce Law Journal (Sept. 2002).


Ms. BianRosa received her B.S. in mechanical engineering from Manhattan College (1999) and her M.S. in thermo fluids engineering from Columbia University (2000). She received her J.D. from Boston University School of Law (2003).