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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 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 counsels clients in developing brand protection and enforcement strategies, and works extensively with law enforcement on intellectual property-related crimes. He has trained over 60,000 law enforcement officials including U.S. Customs and Border Protection, Immigration and Customs Enforcement, the FBI and local enforcement agencies throughout the country.

Angelo is at the forefront of anti-counterfeiting issues, an issue impacting every brand, and has an awareness of global industry trends. He develops an understanding of his clients’ business goals and creates comprehensive solutions to address current anti-counterfeiting issues and prepare them for future challenges.

He has developed a niche focus on internet matters and manages the firm’s Internet Enforcement Program, working with associates, brand protection specialists and researchers to monitor counterfeit activity including online marketplaces and sites, social media platforms and other emerging technologies.  He also handles UDRP proceedings and traditional domain name disputes.

Angelo interacts regularly with U.S. Customs and Border Protection and actively participates in U.S. Chamber of Commerce efforts to implement policy changes and best practices.

For 30 years, Angelo has provided training sessions for law enforcement at the federal, state and local levels through the International AntiCounterfeiting Coalition (IACCC).  As the current Director of U.S. Training, he is the driving force behind the IACC’s online and app based educational materials to assist law enforcement in fighting intellectual property crimes.

Brian Brokate is the head of Gibney, Anthony & Flaherty’s Intellectual Property Practice Group. He assists brand owners in securing and protecting their intellectual property in the United States and abroad. Working closely with his clients over many years, he has developed their comprehensive intellectual property protection strategies to support their growth from emerging businesses to leading global brands.

Mr. Brokate has extensive experience in enforcement procedures to combat trademark and copyright infringement. He manages all stages of civil anti-counterfeiting and infringement litigation as well as providing support to state and federal criminal actions.

Mr. Brokate serves on the board of several industry organizations including being involved in various with the International Trademark Association (INTA) and the Intercontinental Grouping of Accountants and Lawyers (IGAL).

As a recognized industry leader, Mr. Brokate is frequently quoted on trends in intellectual property law. He is a speaker and author for PLI and other educational forums, focusing on intellectual property rights and enforcement. 

Craig Stone is Senior Counsel, Intellectual Property at Phillips 66 Company. Craig is a graduate of the University of Texas at Austin and Baylor University School of Law. Mr. Stone has been practicing in the area of intellectual property for more than 15 years. His practice focuses on all aspects of brand protection and other IP-related areas, including, licensing, enforcement, social media, software development, data privacy, cybersecurity and patent litigation.

Phillips 66 is a Fortune 25 diversified energy manufacturing and logistics company. With a portfolio of midstream, chemicals, refining and marketing and specialties businesses, the company processes, transports, stores and markets fuels and products globally. Headquartered in Houston, the company has 14,400 employees committed to safety and operating excellence. The company markets its consumer-facing products under the brands Phillips 66, CONOCO, 76, JET, Red Line, Phillips 66 Wings and Kendall.

Stone is currently serving a three-year term on the Council for the Intellectual Property Section of the State Bar of Texas following his role as Chair of the Trademarks Committee. Craig has been recognized as a leading in-house brand counsel by World Trademark Review in its annual WTR 300 publication (’17, ’18, ’19). In 2015, the Phillips 66 legal brand team was named North America Team of the Year by World Trademark Review. Stone’s community service work is focused on youth literacy, career mentoring and conservation at Hermann Park where he currently serves as an advisory board member and co-chairs the Corporate Engagement Committee.

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: 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

John H. Zacharia is the Founder of Zacharia Law PLLC, a law firm dedicated to helping the victims of cybercrime and intellectual property crime protect their rights. Previously, Mr. Zacharia was the Assistant Deputy Chief for Litigation with the Computer Crime and Intellectual Property Section (CCIPS) of the United States Department of Justice’s Criminal Division.  While there, 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, and he was CCIPS’ lead counsel in the prosecution of many significant large-scale, multi-jurisdictional cybercrime and intellectual property crime cases.  For example, he 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, having presented in over 150 speaking engagements in the United States and overseas to teach prosecutors and law enforcement officials how to investigate and to prosecute intellectual property crime cases.  Prior to founding Zacharia Law PLLC, John was an Attorney Advisor to three different heads 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.  While there, John successfully handled several significant IP cases of first impression, including cases where he successfully defended against challenges to the constitutionality of the Copyright Act and the Digital Millennium Copyright Act.  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.

Katie McCarthy is a partner in the New York office of King & Spalding’s IP practice group with more than 30 years of experience in trademark, design, internet, advertising and copyright matters.  Katie graduated from Columbia University School of Law and secured her bachelor’s in psychology from The College of the Holy Cross.

Katie advises clients on global IP, advertising and platform liability issues and litigates cases in the federal courts and the U.S. Patent and Trademark Office Trademark Trial and Appeal Board. 

Katie is actively involved with the New York Intellectual Property Law Association (NYIPLA), having just finished several years on the Board and a term as President. 

Katie also 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.  Her article on trademark parodies, “Free Ride or Free Speech: Predicting Results and providing Advice for Trademark Disputes involving Parody,” was published in The Trademark Reporter in 2019 and won INTA’s 2020 Ladas Memorial Award in the Professional Category.

Katie speaks frequently for the NYIPLA, INTA and PLI, and serves as the new editor for the PLI one volume treatise, Kane on Trademark Law.  Katie also actively promotes diversity in the profession through her involvement in King & Spalding’s Women in IP and Technology initiatives and her mentorship of young lawyers and law students through various programs including the Leadership Council on Legal Diversity.

Katie lives in Astoria, New York with her husband and two sons.