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Intellectual Property Rights Enforcement 2014


Speaker(s): Angelo E.P. Mazza, Brian W. Brokate, Bruce W. Baber, John H. Zacharia, Jonathan Z. King, Joseph P. Lavelle, Kathleen E. McCarthy, Katie M. Lachter, Kristina Rosette, Nicole Hyland, Nur-ul-Haq, Shane P. Berry, Steven M. Gruskin
Recorded on: Jan. 31, 2014
PLI Program #: 50874

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 on behalf of a wide variety of clients 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.


Primary Areas of Practice: Corporate Security; Brand Protection

Undergraduate: Bachelor of Science, Eckerd College, St. Petersburg, Florida

Work History: Supervisory Special Agent, FBI Special Agent, Florida Department of Law Enforcement

Professional Memberships: Mr. Berry is an Executive Board Member for the International AntiCounterfeiting Coalition (IACC).  He is also a member of the International Security Management Association (ISMA), the American Society for Industrial Security (ASIS) and the US Department of State‚Äôs Overseas Advisory Council (OSAC).


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 has extensive experience assisting brandowners in enforcement procedures to combat trademark and copyright infringement. Mr. Brokate focuses on anti-counterfeiting and anti-piracy and handles all stages of civil anti-counterfeiting and infringement litigation.

Mr. Brokate is an Advisory Board Member of the International Anti-Counterfeiting Coalition, Inc. (IACC). He is the Treasurer of the New York Task Force, a coalition of brand owners affected by counterfeiting. He also serves on the Tariff & Embargo Committee of the International Trademark Association (INTA). 

Recognized as an industry leader, Mr. Brokate is frequently quoted on trends in intellectual property law. He has also authored and co-authored numerous articles and publications and speaks before industry and trade associations on intellectual property law issues including infringement, anticounterfeiting, enforcement strategies and trade dress.


Joseph Lavelle is an experienced patent lawyer, focusing primarily on the preparation and trial of patent infringement cases.

Joseph also has handled a number of successful appeals to the Court of Appeals for the Federal Circuit.

Joseph has more than 25 years of experience litigating patent cases, including many bench and jury trials. He has litigated in most areas of technology, including semiconductors, computers, computer software, telephony, Digital Signal Processing, telematics, waveform encoding, automotive technology, financial services, biotechnology and many others.

In addition to federal district court proceedings, Joseph has tried a number of Section 337 proceedings before the US International Trade Commission (ITC), as well as handled cases before the US Court of Federal Claims and appeals to the Court of Appeals for the Federal Circuit. He also is licensed to practice before the USPTO and has successfully handled interference proceedings

Joseph has vast experience handling litigation and counseling matters at the intersection of competition laws and antitrust laws. He has participated in many of the leading matters in the area of standard setting. Also, he has represented clients in patent-antitrust matters before the FTC and the Antitrust Division of the Department of Justice.


Katie Lachter is the Firm’s associate general counsel. Based in the New York office, Katie counsels the Firm’s lawyers on matters of professional responsibility and cross-jurisdictional and compliance issues in support of the Firm’s commitment to excellent client service.

Katie is also a member of the Law Firm Practice Group and advises lawyers, law firms and in-house legal departments on risk management and the laws and regulations governing lawyers.

Katie is a frequent writer and speaker on issues relating to legal ethics. She is a lecturer-in-law at Columbia Law School, where she teaches professional responsibility. She is also on the faculty of the Practising Law Institute and Lawline.com. She co-authored Risk Management Survival Tools for Law Firms, third edition, published by the ABA Law Practice Division in 2016. She is also the co-author of a chapter entitled "The Practical Case for Civility," in Essential Qualities of the Professional Lawyer, published by the ABA Standing Committee on Professionalism in 2013, and has co-authored numerous articles on ethics and professional responsibility for the New York Law Journal and Bloomberg Law Reports. Katie is a past secretary of the New York City Bar Association Committee on Professional Ethics and a current member of the Association of Professional Responsibility Lawyers, the New York Women’s Bar Association Ethics Committee, and the New York State Committee on Standards of Attorney Conduct.

Katie was named a 2012 Distinguished Legal Writing Award winner by the Burton Awards for Legal Achievement. She was also the recipient of the Legal Aid Society’s 2009 Pro Bono Publico award. Katie was designated a "Rising Star" in Super Lawyers’ New York Metro edition in 2014, and named a "Super Lawyer" in the 2015 edition.


Nur-ul-Haq is US Privacy Counsel at NBCUniversal, where he advises on issues relating to privacy and data protection for the company’s portfolio of brands, including its sports, news, film and entertainment divisions, as well as its movie ticketing and theme park businesses.  Nur also provides privacy guidance in the context of internal company operations, including human resources and corporate sourcing.

Prior to joining NBCUniversal, Nur was a staff attorney in the Northeast Region of the Federal Trade Commission, where he oversaw and participated in investigations and litigations involving mergers, anticompetitive conduct, and unfair and deceptive business practices directed at consumers.  While at the FTC, Nur served on the trial team in the FTC’s antitrust litigation against the Intel Corporation and also obtained a multimillion dollar judgment in federal District Court for the deceptive advertising of a purported diet aid in FTC v. Bronson Partners.  In addition to his law enforcement and litigation duties, Nur frequently spoke to consumer and business groups as well as the news media on various topics, such as identity theft, privacy and data security, and online consumer fraud.

Nur is a graduate of Boston University School of Law (cum laude) and Georgetown University.  He is a member of the American Bar Association Sections of Antitrust Law and Science and Technology Law, the Massachusetts Bar Association, the New York State Bar Association, and the International Association of Privacy Professionals.


Primary Areas of Practice:  New gTLDs and domain names, Internet-related trademark matters, trademark advice, prosecution, litigation, and transactions

Law School/Graduate School:  University of Georgia School of Law, J.D., cum laude, 1995

Work History:  Covington 1995-present

Professional Memberships:  President, ICANN Intellectual Property Constituency


Steve is a partner in the Washington, DC office, and is a member of the electrical-mechanical practice group. He has more than 20 years of experience in all aspects of intellectual property law, including federal district court jury trials, appeals to the CAFC, bench trials at the ITC, patent prosecution, reissue, re-examination, opinions relating to validity/ infringement/enforceability, general client counseling and the strategic management and enforcement of large domestic and international patent portfolios.

He handles patent matters in the electrical and mechanical sciences, including vehicle lighting, on and off road tire construction, vehicle body and vehicle information systems, and a broad range of other automotive technologies. Steve also has significant experience in sports related technologies, especially in golf ball/club construction.

Steve continually works with clients to maximize and leverage the value of their intellectual property portfolios and to assist them in taking full advantage of US laws. He provides frequent lectures and seminars on topics relating to U.S. Patent law and USPTO practice and procedure.

Primary Areas of Practice: Intellectual Property pertaining to Electrical/Mechanical patents, including IP Litigation, Inter-Partes and Post Grant Review (IPR/PGR) proceedings under the AIA, ITC Section 337, Patent Counseling and Patent Prosecution

Law School/ George Washington University School of Law

Under Graduate School: University of Miami

Work History:  Steve has more than 20 years of experience in all aspects of intellectual property law, including district court jury trials, appeals to the CAFC, bench trials at the ITC, IPR/PGR proceedings under the AIA, patent prosecution, reissue, re-examination, opinions relating to validity/infringement/enforceability, client counseling and strategic management and enforcement of large domestic and international patent portfolios.

Professional Memberships:
American Intellectual Property Law Association (AIPLA)
International Association for the Protection of Intellectual Property (AIPPI)

American Bar Association (ABA)

Tau Beta Pi

Pi Tau Sigma

International Intellectual Property Law Association

American Society of Mechanical Engineers

District of Columbia Bar Association - Patent, Trademark and Copyright Law Section


Jonathan King is Chairman of Cowan, Liebowitz & Latman.  He has handled intellectual property litigations in a wide range of industries, including music, fashion, sports, pharmaceuticals and healthcare, software, advertising, licensing, publishing and various consumer products. His practice encompasses the full gamut of intellectual property subjects, including trademarks, copyright, trade secrets and the licensing of intellectual property. He regularly tries copyright and trademark infringement cases in the federal courts and handles opposition and cancellation actions before the Trademark Trial Appeal Board.

Jonathan’s engagements have included a number of landmark intellectual property matters, including some of the first cases involving the use of trademarks as internet keywords, and the application of copyright law to the “resale” of digital files. He also has extensive experience in the design and effective use of use of consumer surveys in Lanham Act litigation, and has deposed and examined at trial many of the leading market research experts. 

HONORS & RECOGNITIONS

“Cowan is by far the best firm we’ve worked with and Jonathan Z. King is the principal reason. . . .In [one] case . . . the company threw a ton of money and resources against us, with a large trial team . . . but Jonny simply ripped them apart with his courtroom abilities and his sharp analysis of trademark law supporting our case.  He’s so smart and really understands our business, but is also incredibly unpretentious and down-to-earth.”  2018 Law.com

Jonathan King with Richard Mandel "when teaming up they are the best of the best and achieve exceptional results, time and time again."  2018 WTR 1000 - The World's Leading Trademark Professionals

  • Recognized by The Legal 500 in Trademark Litigation and Copyright Litigation (2013 - present)
  • New York "Super Lawyers" in Intellectual Property Litigation (2007 - present)

COMMUNITY & PROFESSIONAL ACTIVITIES

  • Member, Copyright Society of the United States
  • New York State Bar Association
  • Professional jazz pianist with three CDs to his credit

EDUCATION

  • Harvard University Law School (JD 1991, cum laude)
  • Princeton University (BA 1987, summa cum laude; Phi Beta Kappa)


Nicole Hyland is a Partner at Frankfurt Kurnit Kurnit Klein & Selz.  She counsels lawyers on ethics issues, such as advertising and social media use, conflicts of interest, legal fee disputes, escrow issues, multijurisdictional law practice, and more. She also represents lawyers in disciplinary proceedings, disqualification motions and malpractice cases. 

 Ms. Hyland serves on the New York State Bar Association’s Committee on Standards for Attorney Conduct (COSAC), which is responsible for drafting and proposing amendments to the New York Rules of Professional Conduct.  Since 2008, she has been a member of the Association of Professional Responsibility lawyers (APRL), a national organization of ethics and professional responsibility lawyers and she is co-chair of the Professional Ethics Committee of the New York Women’s Bar Association.  Ms. Hyland is the immediate past Chair of the Committee on Professional Ethics of the New York City Bar Association, which provides guidance to New York state lawyers on a wide range of ethical issues, issues formal and informal written opinions, and operates the Ethics Hotline, a free resource for all New York state attorneys. 

 Ms. Hyland frequently writes and lectures on legal ethics and professional responsibility issues.  She is the co-author, along with Professor Roy Simon, of the 2015, 2016 and 2017 editions of Simon’s New York Rules of Professional Conduct Annotated.


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.