Evolving the Court of Appeals for the Federal Circuit and its Patent Law Jurisprudence
Missouri Law Review Symposium 2011 February 25, 2011 John K. Hulston Hall

Earl F. Nelson Lecture

David J. Kappos

David J. Kappos is the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. In this role, he advises the President, the Secretary of Commerce, and the aministration on intellectual property matters.

In a more than 21-year career in intellectual property, Kappos has seen all sides of the IP system and its impact on innovation globally. He directs an office that provides incentives to encourage technological advancement and helps entrepreneurs and businesses of all sizes protect their investments, promote their goods and services and safeguard against deception in the marketplace. The office is taking steps to deal with patent application backlogs, long waiting periods for patent review, outdated information technology systems that are regarded as outdated and an application process in need of reform.

Before joining the USPTO, Kappos led the intellectual property law department at IBM. He has served on the board of directors of the American Intellectual Property Law Association, the Intellectual Property Owners Association and the International Intellectual Property Society. He has held various other leadership positions in intellectual property law associations in Asia and the United States and has spoken widely in Asia, Europe and the United States on intellectual property topics.

Kappos received his bachelor of science degree in electrical and computer engineering from the University of California-Davis in 1983 and his law degree from the University of California Berkeley in 1990.

Presenters

Dennis D. Crouch

Dennis D. Crouch is an associate professor of law at the University of Missouri School of Law. Before joining the MU Law faculty, he was a patent attorney at McDonnell Boehnen Hulbert & Berghoff LLP in Chicago and taught at Boston University School of Law.

He has worked on cases involving various technologies, including computer memory and hardware, circuit design, software, networking, mobile and internet telephony, automotive technologies, lens design, bearings, HVAC systems and business methods. He is the editor of the popular patent law blog, Patently-O.

Crouch received his BSE in mechanical engineering cum laude from Princeton University, where he also earned a certificate in engineering management systems. He earned his JD cum laude from the University of Chicago Law School, where he was a Microsoft, Merck, & Pfizer scholar and a member of the Olin Program in Law and Economics.


Lisa A. Dolak

Lisa A. Dolak is the Angela S. Cooney Professor of Law at the Syracuse University College of Law in Syracuse, NY, where she teaches patent law, Internet law, and practice and procedure in the federal courts. She serves as associate director of the Center on Property, Citizenship, and Social Entrepreneurism and associate director of the Syracuse University Institute for the Study of the Judiciary, Politics, and the Media. In her professional consulting practice, she serves as an expert and early neutral evaluator/mediator in patent cases, and advises on litigation matters and patent reexamination and interference proceedings.

During a sabbatical leave from Syracuse University, she served as law clerk to the Hon. Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit. Since 2005, she has served as a member of the Federal Circuit's Advisory Council.

Before attending law school, Dolak worked as a synthetic organic chemist in pharmaceutical research aimed at the development of new drugs at Bristol-Myers Company and Ayerst Laboratories Research, Inc.

Dolak's research interests include issues at the intersections of patent law and judicial procedure, patent law and the media, and patent law and legal ethics. Her current research projects focus on media coverage of the U.S. patent system, the effects of the evolving inequitable conduct doctrine on the practice of patent law, and a reconsidered theory of subject matter conflicts.

Dolak received her bachelor's degree in chemistry from Duquesne University and her JD summa cum laude from the Syracuse University College of Law. She is admitted to practice in New York and before the U.S. Patent and Trademark Office.


Christopher Holman

Christopher Holman is an associate professor of law at the University of Missouri-Kansas City School of Law. He teaches and writes primarily in the areas of intellectual property, biotechnology and antitrust law, with a focus on the interface between patents and biotechnology. Before becoming a law professor, he served as vice-president of intellectual property and patent counsel at several Silicon Valley biotechnology companies. He was also an associate at a major intellectual property law firm.

A native of California, Holman received a PhD in biochemistry and molecular biology from the University of California at Davis, and engaged in post-doctoral drug discovery research at Roche Biosciences in Palo Alto, Calif. He attended law school at the University of California at Berkeley’s Boalt Hall.


Mark A. Lemley

Mark A. Lemley is the William H. Neukom Professor of Law at Stanford Law School, the director of the Stanford Program in Law, Science and Technology, and the director of Stanford’s LLM Program in Law, Science and Technology. He teaches intellectual property, computer and internet law, patent law and antitrust.

Lemley is the author of seven books and 111 articles, including the two-volume treatise IP and Antitrust. His recent awards include Best Lawyers’ San Francisco IP Lawyer of the Year and the California State Bar’s inaugural IP Vanguard award. He has been recently recognized as one of the most admired attorneys in intellectual property by IP360, one of the 25 most influential people in intellectual property by The American Lawyer and one of the top intellectual property attorneys in California by the Daily Journal.

Lemley is a founding partner of Durie Tangri LLP. He litigates and counsels clients in all areas of intellectual property, antitrust and internet law. He has argued six federal appellate cases and numerous district court cases in nearly two decades as a lawyer.

Lemley’s career includes a clerkship for Judge Dorothy Nelson on the U.S. Court of Appeals for the Ninth Circuit, the practice of law in Silicon Valley and San Francisco and faculty positions at the University of Texas School of Law and the Boalt Hall School of Law at the University of California at Berkeley.


Peter S. Menell

Peter S. Menell is a professor of law at University of California at Berkeley School of Law. He co-founded and serves as a director of the Berkeley Center for Law and Technology. In 1990, he became a member of the faculty at Berkeley, where his research and teaching have focused on intellectual property in the digital technology and entertainment industries. He has written more than 50 articles and numerous books, organized more than 30 intellectual property education programs for the Federal Judicial Center, and consulted and served as an expert witness on a variety of intellectual property matters in state, federal, and foreign tribunals.

Menell earned an SB from the Massachusetts Institute of Technology, an MA and PhD from Stanford University and a JD from Harvard Law School.


Jason R. Mudd

Jason R. Mudd, ’05, is an associate with the firm of Shook, Hardy & Bacon in Kansas City, Mo. He concentrates his practice on complex patent infringement litigation involving a wide range of technologies, including computer software, telecommunications, GPS and navigation technology, networking, medical informatics, pharmaceuticals and medical devices.

Mudd has litigated patent cases in federal district courts across the country, as well as before the U.S. International Trade Commission. He has experience with all phases of litigation, including handling pre-filing investigations, managing discovery, arguing Markman hearings, taking and defending expert witness depositions, presenting witnesses at trial and appeals to the U.S. Court of Appeals for the Federal Circuit. He s a registered patent attorney and has experience prosecuting patents before the U.S. Patent and Trademark Office.

Mudd received his law degree from MU. While in law school, he as a lead articles editor for the Missouri Law Review, a member of the law school’s national moot court team and was elected to the Order of the Coif.


Lee Petherbridge

Lee Petherbridge is a professor of law at Loyola Law School Los Angeles. Prior to joining the Loyola faculty, he served as law clerk to the Honorable Raymond C. Clevenger III of the U.S. Court of Appeals for the Federal Circuit. Before his clerkship, he was an associate in the Washington, D.C., office of Finnegan Henderson LLP, where his work focused on patent litigation.

Petherbridge’s research interests derive from the intersection of innovation, law and the life sciences. They broadly cover patent and intellectual property law with a current emphasis on the rules and intellectual property law with an emphasis on the rules and institutional arrangements developed to foster invention and innovation, and the impact of these rules and arrangements on private science, public science and the public at large.

Petherbridge holds degrees from Western New England College, Smith College, the Baylor College of Medicine and the University of Pennsylvania Law School. At Penn Law, he was the managing editor of the University of Pennsylvania Journal of International Economic Law; worked in the school's Civil Practice Clinic, representing economically disadvantaged clients on a variety of issues; and also interned at the University of Pennsylvania Center for Technology Transfer. Before attending law school, he taught and performed original research in the life sciences.


Ryan G. Vacca

Ryan G. Vacca, ’04, is an assistant professor at The University of Akron School of Law, where he teaches intellectual property courses and contracts. Before joining Akron Law, he was a visiting professor at the University of Oregon School of Law and the University of Denver Sturm College of Law, where he taught a variety of intellectual property courses, property and professional responsibility.

Vacca focuses his research on intellectual property. His articles have been featured in the Texas Intellectual Property Law Journal, the Tennessee Law Review, the Lewis & Clark Law Review, the Southern Illinois University Law Journal, the McGeorge Law Review and the Journal of Dispute Resolution. Before entering academia, Vacca was an associate at Stinson Morrison Hecker LLP, specializing in intellectual property and products liability.

Vacca received his bachelor’s degree from Amherst College, his law degree from the MU School of Law, where he was elected to Order of the Coif, and his LLM in intellectual property from New York University School of Law.


Greg R. Vetter

Greg R. Vetter is an associate professor of law at the University of Houston Law Center.

Vetter is a leading expert on intellectual property systems as applied to software, with a particular emphasis on the free and open source software movement.

Following his graduation from law school, he practiced with Kilpatrick Stockton in the firm’s technology law group, then clerked for Arthur J. Gajarsa of the U.S. Court of Appeals for the Federal Circuit. He joined the University of Houston Law Center in 2002. During his time there, he has also served as a co-director of the Law Center’s Institute for Intellectual Property and Information Law.

Vetter received his bachelor’s degree in electrical engineering summa cum laude from MU. He worked in software for nine years in both technical and business capacities while attending evening courses. He received his master’s degree in computer science summa cum laude from MU and his master’s in business administration summa cum laude from Rockhurst University. He received his law degree magna cum laude from Northwestern University Law School. While in law school he was a member of the Northwestern Law Review.


Elizabeth Winston

Elizabeth Winston is an associate professor of law at the Columbus School of Law at The Catholic University of America. Previously she was director of the Center for Intellectual Property Law and assistant professor of law at Whittier Law School. She teaches contracts, patent law and trademarks, and unfair competition.

After graduating from law school, Winston served as a clerk for James T. Turner of the U.S. Court of Federal Claims, then for Paul R. Michel of the U.S. Court of Appeals for the Federal circuit. After the clerkships, she spent three years in private practice as an associate with Covington & Burling in Washington, D.C.

Winston’s publications include “The Flawed Nature of False Marking Statute” in the Tennessee Law Review and “Why Sell What You Can License?: Contracting Around Statutory Protection of Intellectual Property” in the George Mason Law Review.

Winston received her bachelor’s degree from the Massachusetts Institute of Technology and her law degree from the University of Virginia School of Law. While in law school, she served as managing editor of The Journal of Law and Politics.