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Intellectual Property Rights Enforcement 2015

Speaker(s): Andy Abrams, Angelo E.P. Mazza, Brian W. Brokate, Bruce W. Baber, Craig E.. Stone, Jennifer S. Bisk, John H. Zacharia, Kathleen E. McCarthy, Lesley Fair, Nancy Rue, Raymond L. Sweigart, Siegrun D. Kane, Steven M. Gruskin
Recorded on: Jan. 23, 2015
PLI Program #: 58672

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.

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.

Jennifer S. Bisk is currently an Administrative Patent Judge on the Patent Trial and Appeal Board at the United States Patent and Trademark Office.  She joined the Board in March 2012 after practicing IP law in the Washington D.C. area during which she was a member of both technology transaction and IP litigation practices.  She is currently a member of the trial section of the Board and has been assigned to manage a number of AIA proceedings. 

Judge Bisk served as a law clerk to the Honorable George W. Miller at the United States Court of Federal Claims and the Honorable Richard Linn at the Court of Appeals for the Federal Circuit.  She graduated from Vanderbilt University with a B.E. in Electrical Engineering and Computer Science.  She also holds an M.S. in Computer Science from Stanford University and a J.D., summa cum laude, from the George Mason University School of Law.  Prior to law school, she spent several years working as a software developer at small software companies in the Silicon Valley and the Washington D.C. area.  During law school, she served as a judicial intern for the Honorable Randall R. Rader at the United States Court of Appeals for the Federal Circuit as well as for the Honorable Stephen S. Mitchell at the United States Bankruptcy Court for the Eastern District of Virginia.

Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the FTC in numerous investigations of false advertising. She was a litigator with the FTC’s Division of Advertising Practices for more than 20 years and now specializes in industry education as the agency’s business blogger, Lesley is among the few attorneys to have received the FTC’s Robert Pitofsky Lifetime Achievement Award. 

She is the author of FTC Regulation of Advertising in Food and Drug Law and Regulation (3d ed. 2015) and The FTC & Social Media in Social Media and FDA: The Essential Guide (2010). From 2000 to 2015, Lesley served as Vice-Chair of the American Bar Association’s Consumer Protection Committee. 

On the faculty of the Catholic University School of Law since 1984, Lesley holds the title of Distinguished Lecturer. She also teaches Consumer Protection Law at The George Washington University Law School. 

Lesley graduated from the University of Notre Dame and received a J.D. from the University of Texas School of Law. She clerked for United States District Judge Fred Shannon and served as staff counsel to the United States Court of Appeals for the Fifth Circuit in New Orleans.

Name: Andy Abrams

Position/Title: Senior Trademark Counsel
Firm or Place of Business: Google Inc.

1600 Amphitheatre Parkway
Mountain View, CA 94043
Phone: 650-669-8752

Primary Areas of Practice: Andy Abrams is a Senior Trademark Counsel in the Mountain View office of Google. His responsibilities include managing the company's trademark portfolio, developing policies, negotiating licenses, handling disputes, and advising clients on various branding and marketing issues. He is also actively involved in developing Google’s domain name policy and strategy with respect to ICANN's new gTLD program. 

Law School/Graduate School: University of Virginia School of Law

Work History:
Principal, Trademark and Copyright Group
Fish & Richardson P.C. (San Diego)
January 2011 – May 2011

 Associate, Trademark and Copyright Group
Fish & Richardson P.C. (San Diego)
April 2006 – December 2010

Associate, Intellectual Property and Business Practice Groups 
Luce, Forward, Hamilton & Scripps LLP
September 2003 – April 2006 

Professional Memberships:
INTA Internet Committee
INTA Domain Disputes Ownership & Whois Subcommittee
ICANN GNSO Business Constituency

Position/Title: Senior Counsel, Intellectual Property
Firm or Place of Business: Phillips 66 Company
Primary Areas of Practice: Trademarks, Copyrights, Infringement, Licensing, Domain Names, Social Media, Privacy

Law School/Graduate School: Baylor University School of Law

Work History: ConocoPhillips, King & Spalding LLP

Professional Memberships: INTA, ACC

Craig has been practicing in the area of intellectual property for more than 10 years. Prior to joining ConocoPhillips, and later Phillips 66, he practiced with the Atlanta-based law firm King & Spalding. His practice focuses on all aspects of trademark law and other related areas of intellectual property, licensing, enforcement, and litigation. In 2014, World Trademark Review recognized the Phillips 66 Legal Brand team as one of five finalists for best brand team in its respective industry category and Craig, individually, was “short-listed” as one of five nominees for global in-house trademark counsel of the year. The Houston Business Journal named Craig a finalist as an ‘Up and Comer’ for its Corporate Counsel Awards and a “40 Under 40” award recipient in 2014 recognizing him as a top professional in the Houston business community.

Position/Title: Assistant United States Attorney
Firm or Place of Business:    United States Attorney’s Office for the Eastern District of Pennsylvania

Address:         615 Chestnut Street, Suite 1250 Philadelphia, PA 19106

Phone:          215-861-8200
Fax:                215-861-8218


Primary Area of Practice:    Criminal Prosecution

Ray Sweigart's primary area of practice is dispute avoidance, management, resolution and trial work, including jury trials as well as domestic and international arbitration and mediation. Educated at law schools in both the U.S. and England, Mr. Sweigart easily moves between the American and English legal systems. He has assisted both plaintiffs and defendants in various contested matters such as patent, copyright and trademark disputes, anti-corruption compliance and regulatory reviews, creditors' claims in bankruptcy, product liability and personal injury defense, labor and employment disputes, unfair competition, and other corporate and commercial matters. Mr. Sweigart also advises clients on general business matters, intellectual property portfolio development and management, and licensing and strategic planning, internal audits and analysis, as well as tactical strategic and use of litigation, mediation, arbitration and other alternative dispute resolution techniques. Most recently, Mr. Sweigart has successfully defended a number of retail and electronics clients in patent infringement litigation as well as enforced international patents on medical devises.  He has also dealt with a dispute over a charter party for Moroccan wood pulp, arrest of land based fuel depots in maritime bunkering dispute, compliance with the SEC Conflicts Minerals Rules, the U.S. Foreign Corrupt Practices Act both standing alone and in conjunction with the new U.K. Bribery Act, and Anti-Money Laundering policies and procedures audits. In addition, Mr. Sweigart counsels lawyers, law firms and corporations on business and legal ethics issues, including identification, management and resolution of conflicts of interest, duties of confidentiality, anti-money laundering, anti-bribery, ethical compliance programs and standards, as well as records retention and destruction protocols. He serves as a member of the firm's Professional Responsibility Committee and Claims Committee, and also participates in and manages pro bono projects and indigent client representations.

LL.M., International and Comparative Law, King's College London, 1973
J.D., University of Cincinnati College of Law, 1972,

New York, District of Columbia, Virginia, Connecticut, Ohio, various U.S. federal trial and appellate courts, and the courts of England and Wales.

American Bar Association, Intellectual Property Owners Association, Bar Association of the District of Columbia, Virginia Bar, American Intellectual Property Law Association, Federal Circuit Bar Association, Law Society of England and Wales

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

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

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

Siegrun lectures frequently for PLI, and other CLE organizations. 

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

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.