IP ENFORCEMENT: Silicon Valley - 2013

Brent Bersin is a Litigation & Dispute Services Practice Leader in the Central Region of the Forensic and Valuation Services practice of Grant Thornton LLP. He is located in Houston, Texas. Brent has 18 years of experience providing financial, economic, valuation, damages quantification consulting, and expert witness services to clients in the context of intellectual property and commercial disputes. His experience in intellectual property matters includes market assessments, valuation, licensing, and the calculation of lost profits and reasonable royalties. Brent has been designated and testified as an expert at both trial and deposition in Federal Court, State Court, and Bankruptcy Court, as well as arbitration proceedings.

Carrie Powrie has 13 years of auditing experience and has specialized exclusively in intellectual property auditing for the last 9 years. She has worked with close to a hundred diverse licensors/licensees around the world – including N. America, Europe, Asia, and Oceania – to determine compliance with IP clauses in hundreds of different license agreements across all types of intellectual property; trademarks, patents, trade secrets and copyrights. Her vast experience includes risk assessment and candidate selection, audit engagement, and resolution support. Carrie is a Certified Licensing Professional (CLP) and an active member of Licensing Executives Society (LES). She graduated with distinction from Embry-Riddle Aeronautical University with a M.S. in Technical Management and magna cum laude from Seattle Pacific University with a B.A. in Accounting.

Co-managing partner Phil Colburn has transformed Cantor Colburn into one of the nation’s leading intellectual property law firms. Phil leads a team of more than 110 attorneys, patent agents, and technical advisors who are committed to helping clients optimize their IP assets through the timely delivery of top quality, cost-effective legal services. His counsel to Fortune 50 multinationals, as well as smaller companies and universities, is informed both by unique technical insights gained from his years of professional experience as a design engineer and by strategic perspectives derived from more than 20 years’ practice as an IP attorney. Taking a proactive, results-driven approach allows him to help clients define their needs and implement strategies that achieve their objectives. A frequent speaker on IP issues, Phil is an Adjunct Professor of Patent Law at Western New England College School of Law.

Scott Trask is Director of Intellectual Property at Newport Corporation in Irvine, CA since 2004. His work includes IP portfolio development, licensing, enforcement, mergers & acquisitions and IP landscape analysis. Scott has his BA in Physics from Kenyon College, his BSME from Washington University in St. Louis, and his J.D. from Western State University College of Law. Prior to working in an intellectual property role, Scott worked for 20 years in design engineering, project engineering, and engineering management in the aerospace, marine, and photonics industries.

Smith has more than 16 years of legal experience primarily representing companies and organizations focused on biotechnology and pharmaceutical research and development to Heliae. Before joining Heliae, Mr. Smith held positions as Vice President of Business and Legal Affairs for Valeant Pharmaceuticals, Associate General Counsel and Head of Licensing & IP for Medicis Pharmaceutical Corporation, and Corporate Counsel for Novo Nordisk, Inc. Mr. Smith obtained his J.D. with honors from Washington University. He also holds undergraduate and graduate level technical degrees in biology, environmental science, and information systems management. Mr. Smith also previously conducted plant genetic research and completed internships with the US District Court for the Southern District of Illinois, the Office of the Vice President of the United States, and the US Patent and Trademark Office.

Paul J. Andre is a partner in the firm’s Intellectual Property Department, and the managing partner of the Silicon Valley office. His practice focuses on intellectual property litigation involving complex technology, with a particular emphasis on the life sciences, computer science and the electrical arts. He has substantial experience representing clients as both plaintiff and defendant in over 100 patent trials and litigations throughout the country, and has been admitted to federal courts in 30 states. Mr. Andre also represents clients from a variety of technology related industries in general intellectual property counseling, trade secret protection and other commercial matters. Mr. Andre’s formal technical training includes undergraduate and graduate courses, laboratory work and/or degrees in molecular and cellular biology, immunology, physics (electrical), chemistry and computer programming. Mr. Andre is very active in the intellectual property legal community and has been a long term member of several organizations that promote the protection of intellectual property. In addition,he served as a guest lecturer in the Federal Litigation class at Stanford University School of Law for over ten years.

Malcolm Duncan is Director of IP at SRI International, the pioneering research institute that has spawned scores of Silicon Valley startups. The seed asset of each startup is a patent portfolio that begins with SRI’s fundamental research. It is then built to capitalize on applications of the technology to the marketplace. Mr. Duncan brings a diverse expertise to SRI’s commercialization ventures. His background includes a career as a professor and researcher in particle physics, litigation practice on Wall Street, and IP practice in New York and Chicago law firms. He holds a bachelor’s degree in mathematical physics from Edinburgh, a doctorate in theoretical physics from Oxford, and a law degree from the University of Minnesota Law School.

Robert Mallin has extensive litigation experience in a variety of patent and trademark cases, including first chair jury trial matters, ITC proceedings, arbitration proceedings and post grant review proceedings before the PTAB. He has prepared for and participated in preliminary injunction proceedings and Markman hearings. His litigation experience also includes taking and defending expert and fact depositions, preparing and arguing case-dispositive motions and conducting all discovery matters. He has successfully used the reexamination process in the PTO to invalidate patents and avoid costly litigation for his clients prior to the enactment of AIA. He has represented and counseled clients in matters involving non-practicing entities.

Bryan is General Counsel at Applied Research Works, Inc. (ARW), a Palo Alto based software company offering specialized services for health plans, healthcare professionals and patients. Prior to beginning his legal practice, and during law school, Bryan worked with a major patent holding company where he participated in the licensing and monetization of high value patent portfolios. In addition to his role at ARW, Bryan maintains a private law practice in the Silicon Valley where he represents clients in intellectual property matters. Bryan earned his J.D. from Indiana University School of Law-Indianapolis (now known as Indiana University Robert H. McKinney School of Law); a Master of Intellectual Property, Commerce, and Technology from Franklin Pierce Law Center (now known as the University of New Hampshire School of Law); a Master of Health Services Administration from St. Joseph's College of Maine; and a Bachelor of Science in Biology from the University of Nevada, Reno. Bryan is a member of the State Bar of California and is registered to practice before the United States Patent and Trademark Office

Jeremy Lowe offers clients nearly 15 years of trial and litigation experience representing plaintiffs and defendants in patent cases and other complex litigation matters. A chemical engineering graduate and registered patent attorney, Jeremy is a seasoned trial lawyer who merges his advocacy and technical skills to help clients shape successful litigation strategies. His practice focuses on jury trials that combine patent and antitrust claims, with particular emphasis on technologies ranging in application from filtration to pharmaceuticals to medical devices. He has successfully argued at the trial and appellate level, including presenting oral arguments before the U.S. Court of Appeals for the Federal Circuit. Jeremy was recently named to the Hartford Business Journal’s 2013 Class of Top 40 Under 40, and last year he was named as a New Leader in the Law and to the Class of 2012 Top 40 Under 40 by the Connecticut Law Tribune. Jeremy also frequently lectures, is actively involved in his community, and enjoys spending time with his family.

Alan Cox participates in the Intellectual Property, Antitrust and Securities practices of NERA. He has extensive experience testifying in Federal court, state court, US and international arbitrations and utility commissions. In 1989, he received a Ph.D. in Economic Analysis and Policy from the Haas School of Business at the University of California at Berkeley where he specialized in industrial organization, antitrust and regulation. He also holds an M.A. in Economics from the University of British Columbia, specializing in natural resource economics, including energy which he received in 1978. His previous positions include Visiting Economist at M.I.T.’s Energy Laboratory. In intellectual property matters, Dr. Cox has testified on a wide variety of patent issues in the semiconductor, biotechnology, telecommunications, consumer product and other industries. He has also testified on trademark, copyright and trade secret matters. For example, he testified in Delaware District Court in a matter involving alleged theft of trade secrets and false advertising in the manufacture and sale of golf balls. He was retained by Texas Instruments in a New Jersey patent case which resulted in a jury award of $112 million to Texas Instruments. He has also testified in matters related to standards and patent pools. Antitrust issues on which he has testified include allegations of price fixing of semiconductors and professional services, price manipulation in natural gas markets, attempts to monopolize in the credit card and other industries, Robinson-Patman matters, the competitiveness of crude oil and product pipeline services, allegations of anti-competitive licensing, and the competitive consequences of a major electric utility merger. He has examined and provided economic advice on a wide array of competition issues including vertical restraints in gasoline retailing, allegations of crude oil price fixing, the competitive consequences of mergers in several industries, and the economic costs of restraints imposed on a "dominant" telecommunications carrier. He has been included in the Who’s Who of Competition Lawyers and Economists by the Global Competition Review. In Securities matters, he has testified in class action fraud cases, including on materiality, causation and damages in Section 10 and 11 matters. His testimony has also included the valuation of restricted stocks, options, bonds, preferred shares in venture-capital backed firms, goodwill and the appropriate valuation of physical assets. He has also testified on unjust enrichment from alleged insider trading. He has calculated harm due to alleged inappropriate investments, backdating, breach of contract, and banking practices.

Lyle cut his teeth representing small companies defending themselves against Fortune 500 corporations in “bet the company” type proceedings and learned early on how important it is to provide a strong, tireless defense in order for his clients to prevail. He still brings an impassioned tirelessness to all his clients’ cases - as if their problems were his own. And, he hates to lose. Lyle is the managing partner of the firm’s Washington, D.C. office. He has an active practice in investigations before the U.S. International Trade Commission (ITC) and their parallel proceedings in Federal Court, covering alleged patent infringement, trademark infringement, copyright infringement, trade secret misappropriation and other alleged unfair practices in import trade. He served in the Office of General Counsel of the ITC from 1991 to 1996 and was detailed to the Office of Chairman Watson in 1994.

Carl is a former Administrative Law Judge with the U.S. International Trade Commission and has seen it all from the other side of the bench. With this unique perspective, Carl understands what is important to the out-gunned and out-manned trial judge tasked with deciding the winner in complex Section 337 proceedings. Having experienced first-hand the “ups and downs” of presiding over Section 337 investigations, Carl can share with you his insights on how to effectively, efficiently, and persuasively present your best case before the ITC.

Mark Stignani is a registered patent attorney and serves as Of Counsel at Schwegman, Lundberg & Woessner, P.A. Mark has patent experience in various technology areas, including software, information systems, mobile devices, computer hardware and design, telecommunications, and mechanical. His practice includes prosecution, reexamination, patent and portfolio analysis, freedom to operate, patent strategy and planning and strategic counseling. Prior to joining SLW, Mark served as an Assistant General Counsel for Thomson Reuters for over ten years. While at Thomson Reuters, Mark’s responsibilities included the harvesting and protection of intellectual property associated with software and high value content as well as providing primary intellectual property legal support for business development, contracts, editorial, technology area in the legal, healthcare, and financial services information market groups. As an integrated team member, Mark also served on various executive committees that drove investment in acquisitions, emerging business development and new product development across a multiple set of marketplaces. Mark received his Juris Doctorate from William Mitchell College of Law while working for Alliant Techsystems. He had previously done post graduate work in robotics and control systems at the University of Minnesota and National Technological University while working at Honeywell, Inc.

Diana joined HP and HP’s Intellectual Property Licensing team in October, 2006. She is Director, IP Licensing, and responsible for IP technology transfer and patent licensing. Prior to joining HP, Diana was on the corporate IP Licensing staffs of Microsoft and IBM with similar licensing responsibilities. When Diana joined the HP IPL group, she was the founding member of the Standards-based licensing team. During her tenure, the team grew to a Managing Director and three individual contributors who regularly generated between 40-45% of HP’s annual IP royalties. Diana supported the single largest HP licensing program, the Linear Tape Open (LTO) Consortium, as well as represented HP to a number of patent pools, including the world’s largest pool, MPEG-2. She also did bilateral licensing in technologies such as RAID-on- Chip (ROC), generating significant royalties and R&D funding. Diana has an MBA from Harvard University’s Graduate School of Business and a B.S. in Finance from the University of California at Berkeley.

Experience and Accomplishments: Currently, IP Counsel for IBM Research. With IBM, previously Counsel for the System Networking business and Storage Systems. In addition site counsel for the IBM Tucson location. I began my legal career as a damages witness in the HP v. Bausch & Lomb case, which led to law school and licensing of the patent-in suit which in turn led to generation of over $100 Million in licensing revenue. My subsequent legal career has included IP litigation at Pennie & Edmonds, in-house work at 3Comm and other leading companies in the networking and cloud computing space. The $15 Million favorable settlement reached in 3Comm v. Intel led me to authoring a legal treatise on patent infringement damages "Patent Infringement Compensation and Damages". Recognized expert and published author in patent infringement damages; IP enforcement; Litigation management; Merger and acquisition; Strategic IP Portfolio creation; IP transaction negotiation; open source policy management; Entrepreneurial counseling Publications and Courses “Patent Infringement: Compensation and Damages”, Law Journal Press. 2006. "Actions to Limit Product Liability Awards" 4 Product Liability Law Journal 129 5/93. "Maximizing Impact of Visual Evidence" Patent Litigation 1992 Practicing Law Inst. "We've just been sued! What's Our Exposure? A Defendant's Guide to Damages" IP Law and Management Institute, San Diego, November 2012 "Implications of the America Invents Act", panelist, IP Counsel Cafe San Jose, San Jose April 2012 "Patent Infringement Damages" IP Counsel Conference, San Jose, March 2012 “Developments in IP Remedies”at IP Counsel Conference New York, 2009 (Conference Chair) “Developments in IP Remedies”at TechNet IP Forum New York, 2009 “New Developments in Patent Infringement Damages” at Intellectual Property for Wireless and New Media, 2007, 2008 “Remedies for Patent Infringement”, in “Intellectual Property Remedies” webinar, American Lawyer Media, October, 2008 “Getting the Jump on IP Due Diligence - Putting Together an IP Portfolio to Maximize Value” included in “Strategic Planning for Entrepreneurs Seminar”, Stanford University, 2002

Patrick is a Senior IP Attorney at HGST, a division of Western Digital. Early years at HGST focused on revenue generation from technology and patent licensing, current work focuses on patent development and portfolio management for storage products. Prior to HGST, Patrick ran bet the company patent litigation at Nichia Chemical, wrote technology agreements at National Semiconductor, and drafted patent applications. An electrical engineer and patent attorney, Patrick obtained his Juris Doctor from Hastings College of the Law and holds two bachelor’s degrees, the first in English literature from the University of California, Berkeley. Patrick is a licensed attorney in California, New York, and the District of Columbia.

Rob Kramer is the Co-Chair of Dentons' Patent Litigation Practice and a partner in the firm's Intellectual Property Group. Based in Silicon Valley and San Francisco, Rob is one of the most experienced and successful lead trial counsel patent litigators in the country. He and his team are consistently honored as among the most aggressive, results oriented, patent litigation practices. Rob was named a "Legal Lion" by IP Law360 in January 2017 for his lead trial counsel role winning two back-to-back patent jury trials in one of the largest patent cases in the country. Rob and his team at Dentons were also recently named as an elite "IP Litigation Powerhouse" that corporate counsel "turn to for their most pressing needs" in BTI Consulting Group's national survey of General Counsel. He and his team were also recently named as a "Top 50 Litigation Powerhouse Firm" by Law360, and recently named as one of the "Fearsome Foursome," by BTI Consulting, an honor bestowed upon four elite firms that General Counsel or large companies fear most to litigate against "based on the team's intense approach, fierce tactics and achievement of successful litigation outcomes." Rob and his team were recently featured in IP Law360 as the "best of the best" at providing the most value per legal dollars spent by in house counsel on litigation. Rob was invited to be a speaker at this conference as he has a long history of promoting women litigators into leadership roles, mentoring and creating opportunities for women attorneys, and ensuring that they gain courtroom experience and hold leading and meaningful roles on important IP litigations.

Jennifer Gallagher is a senior sales engineer who joined Innography in September 2013. She is a member of a very successful sales team where her specialty is a deep understanding of Innography’s solution portfolio and is adept at positioning solutions to best address prospective client’s perceived needs. She has also participated in industry events, contributed to industry best practices through various webinars & blogs, and has helped maintain an established sales channel through various partner firms overseas. Previous to Innography, Jennifer served as the Patent Portfolio Manager at Freescale Semiconductor. During her time at Freescale, Jennifer focused on several areas of IP strategy such as in-bound/out-bound licensing, patent sales, competitive intelligence, and litigation support. A native Texan, Jennifer graduated from Texas Tech University with a Bachelor of Science in Electrical Engineering in 2002. During her time at Texas Tech, she completed three internships with Motorola Semiconductor Products Group in Austin, which eventually was spun-out to create Freescale.

Jennifer Bennett is an experienced, technically trained patent litigation partner in the firm's Patent Litigation and Intellectual Property and Technology practice. Jennifer has a significant track record as the managing lawyer in complex patent infringement cases in the U.S. District Courts in California, Delaware, and Texas as well as in cases before the International Trade Commission. Her patent litigation, including jury trial experience, has focused on various complex technologies, with a particular emphasis on biopharmaceuticals, medical devices, molding, electronics, telecommunications, LED technology and software applications.

Jennifer received a Bachelor of Science in Biological Sciences at the University of Southern California and a J.D. at Santa Clara University Law School, where she was an editor of the Santa Clara Computer and High Technology Law Journal. A registered patent attorney in the U.S. Patent and Trademark Office, Jennifer focuses on representation of global electronics, telecommunications, software and biotechnology companies in high stakes, fast-paced patent infringement litigations.

Cameron Gage brings over 20 years sales management and direct sales experience to Innography. His diverse experience includes leading growing technology organizations in the computer hardware and software industries. For the last three years at Innography, Cameron has been responsible for leading the Strategic Account Managers in delivering amazing IP insight that customers use to drive their businesses forward. Prior to joining Innography, Cameron was vice president of sales at Invenio Marketing Solutions where he successfully led teams in Austin, Seattle, Las Colinas and the DC area. Previous positions also include leadership roles at Dell, Dun and Bradstreet and Asure Software.