WIPO Mediation Workshop - Faculty

M. Scott DONAHEY is an arbitrator and mediator with more than 20 years’ experience in complex commercial, intellectual property, and international commercial disputes. In prior practice, he was a litigator in San Francisco, New York, and Palo Alto law firms. He has served as adjunct professor at the Santa Clara University School of Law and at the Golden Gate University School of Law.

Mr. Donahey has been an arbitrator and mediator of disputes involving patent infringement, trademarks, domain names, joint development agreements, licensing agreements, distribution agreements, copyright infringement, and other complex commercial matters involving damages claims in the tens of millions and hundreds of million dollars. He is on numerous arbitration and mediation panels around the world.

Mr. Donahey is a member in good standing of the bars of California, Illinois, and Arizona, as well as the bars of numerous federal courts. He received his B.A. from Stanford University, with distinction, his M.A. from the Johns Hopkins University, and his J.D. degree from Santa Clara University, summa cum laude. He lives in Los Altos with his wife and youngest daughter.

Russell E. LEVINE a national of the United States of America, is partner in the Intellectual Property practice group at Kirkland & Ellis LLP, -entire 25+ year career. His practice focuses on jury trial, bench trial and alternative dispute resolution practice on patent infringement matters and disputes involving and related to technology transfer and patent license agreements. His trial practice includes jury trial, arbitrations and Section 337 proceedings before the U.S. International Trade Commission. His appellate practice concentrates on appeals in the Court of Appeals for the Federal Circuit. Technology transfer and licensing practice includes structuring and negotiating both licensing-in and licensing-out transactions.

Mr. Levine is active in bar associations, industry organizations, and his community. He is President of LES (USA & Canada). He is on the American Heart Association’s Chicago Board of Directors. He is the immediate Past-Chair of the President’s Council at Chicago’s Museum of Science and Industry. He is also Chair of the By-Laws Committee of the Midwest Section of the United States Tennis Association.

Mr. Levine is an author and frequent speaker on Intellectual Property issues. For example, he is co-editor (with A. Liberman of Australia and P. Chrocziel of Germany) of "International Licensing and Technology Transfer: Practice and the Law" which quickly obtained a global audience with copies sold in more than 30 countries across six continents. He has spoken at numerous LES local chapter meetings and LESI National Society meetings, and has acted as an instructor in several LES educational courses.

Mr. Levine is listed as neutral on the World Intellectual Property Organization's List of Mediators and Arbitrators, is a Certified Licensing Professional (CLP)*, and is registered to practice before the United States Patent and Trademark Office, the United States Supreme Court, and numerous Circuit Court of Appeals and District Courts.

Christian LOYAU a national of France, is the current Director for Legal Affairs of the European Telecommunications Standards Institute (ETSI). He has practiced in law firms in Denmark and France, and has served as an in-house lawyer for Digital Equipment Corporation and Cap Gemini in France. For 12 years Mr. Loyau held the position of Legal Director for International Affairs for the French telecommunications company Matra Communication, and he was involved in the IPR group of ETSI from 1993 to 1996. He also served as General Counsel and Secretary of the Board of the French IT company Bull for 14 years. Mr. Loyau graduated from the University of Paris in commercial, corporate and IP law.

David PERKINS, a national of the United Kingdom, was formerly a partner in Arnold & Porter (UK), LLP’s intellectual property practice in London from 2012-2013. Prior to joining Arnold & Porter (UK), LLP, he served in major leadership positions in the intellectual property practice area at international law firms. He was a partner at Clifford Chance from 1975 to 2003 in which he headed its European intellectual property litigation practice and subsequently at Milbank Tweed’s London office from 2003 to 2009.

Mr. Perkins concentrated his practice on multijurisdictional patent litigation, as well as trademark and antitrust issues. He also handled oppositions and appeals before the European Patent Office in Munich and references to the European Court of Justice (ECJ) in Luxembourg. He also acted as counsel and arbitrator in numerous arbitrations involving intellectual property rights.

Mr. Perkins has had significant involvement in advising in relation to both mediation and arbitration of multi-jurisdictional disputes involving intellectual property rights, and has been appointed as arbitrator or mediator in a number of cases under WIPO Rules. He is also a Panelist for WIPO’s Domain Name Dispute Resolution Service. His practice is now focused entirely on acting as an arbitrator and mediator and, in addition to the WIPO panels, he is also a member of the arbitration panels of HKIAC (Hong Kong); SIAC (Singapore); KLRAC (Kuala Lumpur); and JAMS International. He also holds appointments as arbitrator for the IFTA (Independent Film & Television Alliance), in disputes under ICC and LCIA Rules and is chairman of an ICC Dispute Resolution Board.

Mr. Perkins is a member of several professional bodies including the Law Society, the International Bar Association (IBA). He is a foreign member of the American Bar Association (ABA) and the American Intellectual Property Law Association (AIPLA). He was a Council Member of the Intellectual Property Institute (IPI), and of the Intellectual Property Lawyers Organisation (TIPLO), of which he was also a founding member. He is a member of the Executive Committee of the European Union of Intellectual Property Practitioners (UNION-IP) and a Council Member of the British Group of UNION. He also served as a member of the UK Government's Intellectual Property Advisory Committee (IPAC) from August 2001 to April 2005.

Mr. Perkins has written over 50 publications. He studied Law at Newcastle University.

Peter MICHAELSON, a national of the United States of America,serves, since 1991, as an ADR neutral primarily involving IP (patent and trademark), IT, and other technology related disputes encompassing, e.g., telecom, infrastructure (including BIT disputes) and energy (oil, gas, solar), and secondarily other commercial areas. Also served, from 1979-2012, as an active IP practitioner concentrating in patent matters (primarily complex electronic, communications and computer-related and mechanical technologies) and trademark matters; and from 2010-2012 as General Counsel (virtual) for Direct Grid Technologies, LLC.

As a neutral, Mr. Michaelson has arbitrated over 500 domestic and international disputes primarily: IP, IT, telecom, and other technology-related disputes, and secondarily other commercial disputes; with damages claimed in some of those disputes in the range of US $100-600 Million. Handled domestic and international arbitrations under UNCITRAL, ICC, LCIA, WIPO, CPR and AAA/ICDR rules. Serves as chair, sole arbitrator and co-arbitrator. Mediated over 200 domestic and international disputes, including an international patent dispute concerning mechanical and electronic aeronautical technologies with approximately US $600 Million at issue. Mediated numerous patent litigations in US District Courts involving complex electronic and mechanical technologies and Hatch Waxman based pharmaceutical patent disputes. Serves as Court-appointed expert in patent law. Mediates a wide range of other substantive areas for the New Jersey Superior Court system. To date, rendered approximately 220 domain name arbitration decisions (20 reported in United States Patents Quarterly). Has extensive arbitration, mediation and negotiation training. For further details, see www.plmadr.com.

Selected Panel Memberships, Professional Associations, etc.: Fellow, Chartered Arbitrator, Chair - New York Branch, and Former Trustee (Americas Region), Chartered Institute of Arbitrators (UK); Fellow, College of Commercial Arbitrators (US); Fellow, Australian Center for International Commercial Arbitration (member of mediation and arbitration panels); Arbitrator (including String Confusion Objections panel) and Mediator - ICDR; Arbitrator and Mediator (commercial, large complex case and domain name panels; technology, SEP-FRAND, biotech, pharma. and other specialty rosters; NJ Storm Sandy mediation) - AAA; Arbitrator LCIA; Approved Arbitrator in IP (also mediator), Domain Name, Legal Rights Objections and Trademark Post-Delegation Dispute Resolution panels - WIPO; Arbitrator and Mediator - CPR (technology, biotech and e discovery panels) and KLRCA; Arbitrator - SIAC, HKIAC and BCICAC; Arbitrator and Mediator - USDC-EDNY; Arbitrator - FINRA; Approved Mediator - New Jersey Superior Court; Accredited Mediator - CEDR (UK). Member: CPR Institute, International Arbitration Club of New York; National Academy of Distinguished Neutrals; American Bar Association; Member of Pennsylvania, New York, New Jersey and Alaska Bar Associations, and various federal district and appellate courts. Registered US Patent Attorney.

Conducted seminars, served as speaker on many occasions, provided numerous presentations concerning various aspects of ADR, IP law and IP related ADR to various legal groups, and organizations, and authored articles on various aspects of arbitration, IP-related ADR and IP law.