WIPO Mediation and Arbitration Workshop

Palo Alto, CA, United States of America, Thursday and Friday, November 12 and 13, 2015

Faculty

Trevor COOK, a national of the United Kingdom, is a partner with WilmerHale in New York. Mr. Cook is an English qualified solicitor and holds a degree in chemistry from the University of Southampton.

Trevor Cook focuses his practice on transnational intellectual property litigation matters and is also active in the area of life sciences. Mr. Cook has more than 35 years of experience in global patent litigation, particularly in Europe and Asia. In recent years, he has acted in many of the leading patent infringement cases that have come before the English courts, most of which have concerned pharmaceuticals and biotechnology, and also in many of the leading cases regarding the protection of regulatory data.

Mr. Cook joined WilmerHale from Bird & Bird LLP in London, where he was a partner in the Intellectual Property Group and co-head of the International Life Sciences Sector Group. He was for several years president of the UK Group of the International Association for the Protection of Intellectual Property (AIPPI), is Chairman of the British Copyright Council and is on the World Intellectual Property Organization (WIPO) List of Arbitrators.

Mr. Cook is a prolific author, having written numerous articles and books during his career, especially on patent issues, in particular The Modern Law of Patents (General Editor) (LexisNexis 2005, 2010, 2014 in press), Pharmaceuticals Biotechnology and the Law (Author) (Macmillan 1991, LexisNexis 2009, 2014). His most recent include, A Users' Guide to Patents (4th edition - Bloomsbury 2014), International Intellectual Property Arbitration (Wolters Kluwer 2010) and EU Intellectual Property Law (Oxford University Press 2010).

Contact: WilmerHale
7 World Trade Center
250 Greenwich Street
New York, NY 10007 United States of America
T +1 212 230 8826
E trevor.cook@wilmerhale.com
cook

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.

Contact: 3790 El Camino Real
Suite 171
Palo Alto, CA 94306
United States of America
T +1 650 823 0338
F +1 650 941 4262
E adr@scottdonahey.com
donahey

Judge James F. HOLDERMAN, served on the United States District Court for the Northern District of Illinois for more than 30 years, before retiring on June 1, 2015. He was Chief Judge of that court from July 1, 2006 to July 1, 2013. As his court’s Chief Judge, in addition to handling his assigned caseload, he over saw the court’s $27 million annual budget and 450 member staff. During his years on the bench, Judge Holderman resolved thousands of cases in all areas of federal jurisdiction, conducted hundreds of mediation conferences leading to settlements and trials, both jury and bench. He also and served by designation on the United States Courts of Appeals for the Federal Circuit and Seventh Circuit.

Before his appointment to the federal bench by President Ronald Reagan in 1985, Judge Holderman was a partner in the international law firm now known as Dentons, where he specialized in federal court litigation. Before his years in private practice, he was an assistant United States attorney in Chicago and received several United States Department of Justice awards for distinguished service.

Judge Holderman from 2011 to 2015 served on the Board of the Federal Judicial Center, chaired by Chief Justice John G. Roberts, Jr. Judge Holderman was the founding chair of the ongoing Seventh Circuit Electronic Discovery Pilot Program, and a member of the Judicial Advisory Committee of the Sedona Conference. Additionally, he chaired the ABA’s Commission on the American Jury Project, and the ABA Litigation Section Trial Practice Committee. He was also a president of the Richard Linn American Inn of Court and a founding member of the Chicago American Inn of Court.

Judge Holderman received “The 2012 Professional of the Year Award” from the Intellectual Property Owner’s Association, the “Justice John Paul Stevens Award” from the Chicago Bar Association, and the “Mark T. Banner Award” from the ABA Section on Intellectual Property Law, as well as several other awards and honors from various other organizations, including the Chicago Inn of Court, the Federal Bar Association, the Illinois Bar Foundation, the Intellectual Property Law Association of Chicago, Lawyers’ Lend-A-Hand, and the Women’s Bar Association of Illinois.

Judge Holderman has been a speaker and panelist at numerous judicial and bar association seminars, both nationally and internationally. Over the past three decades, Judge Holderman has been an adjunct professor at several law schools, including the University of Chicago Law School, the Chicago-Kent College of Law, The John Marshall Law School, and the University of Illinois College of Law, where for more than twenty years he taught an intensive course titled “Intellectual Property Trial Advocacy@ with his wife Paula Hudson Holderman, who is an attorney and a past-president of the Illinois State Bar Association.

Contact: 915 Country Club Drive
LaGrange, IL 60525
United States of America
T +1 312 505 7816
F +1 650 941 4262
E judgeholderman@gmail.com
holderman

Rachael KENT, a national of the United States, is a partner in WilmerHale's Litigation/Controversy Department in Washington, D.C., and a vice chair of the International Arbitration Practice Group. She joined the firm in 1998.

Ms. Kent represents clients in a wide variety of commercial and investment disputes in arbitration proceedings worldwide. Her experience includes ad hoc and institutional arbitrations under the rules of the ICC, LCIA, HKIAC, ICDR, WIPO, ICSID, UNCITRAL, and others. She has recently represented parties in disputes in the mining, energy, aerospace, pharmaceutical, construction, insurance, defense, telecommunications, technology, and retail sectors. Ms. Kent frequently represents parties in arbitrations involving intellectual property rights, including under intellectual property license agreements.

Ms. Kent also has experience with the taking of evidence in foreign jurisdictions in connection with international litigation and arbitration proceedings. Ms. Kent is now resident in the firm's Washington DC office. She previously spent five years based in the firm's London office.

Ms. Kent teaches International Commercial Arbitration at the Georgetown University Law Center and the Duke University School of Law, and she frequently speaks and writes on topics related to international arbitration. Ms. Kent received her JD from the Duke University School of Law.

Contact: WilmerHale
1875 Pennsylvania Avenue, NW
Washington, DC 20006
United States of America
T +1 202 663 6976
F +1 202 663 6363
E rachael.kent@wilmerhale.com
kent

Russell LEVINE, a national of the United States of America, is partner in the Intellectual Property practice group at Kirkland & Ellis LLP, -entire 29+ 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. His 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 member of the CPR Patent Mediation Task Force, 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.

Contact: Kirkland & Ellis LLP
300 North LaSalle
Chicago, Illinois 60654
United States of America
T +1 312 862 2466
F +1 312 862 2200
E russell.levine@kirkland.com
levine

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.

Contact: European Telecommunications Standards Institute
650 route des Lucioles
06921 Sophia Antipolis
France
T +33 4 92 94 42 60
M +33 6 98 69 20 42
E christian.loyau@etsi.org
loyau

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.

Contact: Attorney, Arbitrator and Mediator
Michaelson ADR Chambers, LLC
590 Madison Avenue, 18th Floors
New York, NY 10022
United States of America
T +1 212 535 0010
M +1 732 758 6501
E pete@plmadr.com or pete@mandw.com
michaelson

David NEWMAN, a national of the United States of America, focuses his practice on intellectual property law, including patents, trademarks, copyrights and trade secrets. His experience includes handling litigation involving intellectual property, preparing and prosecuting applications for obtaining various types of intellectual properties, and opinion work involving business methods, computers, consumer goods, electronic commerce, mechanical devices, medical devices and telecommunications.

Mr. Newman serves as co-chair of the ABA Standard Essential Patent Arbitration Proposal (ASAP) Committee that has developed best practices for use of arbitration for making FRAND determinations. He is co-author of “Developing a Framework for Arbitrating Standards—Essential Patent Disputes,” Journal of Dispute Resolution, Vol. 2014, No. 1 (University of Missouri School of Law), September 2014.

He has represented clients in IP arbitration disputes under the American Arbitration Association’s Commercial Arbitration Rules. He is also chair of the Alternative Dispute Resolution Committee of the IP Section of the ABA, in which capacity he recently helped prepare and secure passage of an ABA resolution for the promulgation of alternative dispute resolution policies by the Patent Trial and Appeal Board.

Mr. Newman has handled numerous litigations involving U.S. and foreign patents, unfair trade practices, copyrights, trade dress, trademarks, trade secrets, antitrust, and breach of contract throughout the country. He has been involved in all aspects of practice before the U.S. Patent and Trademark Office, including patent covered business methods proceedings, appeals, reissues and reexamination proceedings. Mr. Newman has instructed courses involving claim drafting for patent applications and is a periodic guest lecturer on intellectual property topics at the DePaul University Kellstadt Graduate School of Business.

Mr. Newman has worked on IP matters involving technologies, including financial services, email, Internet encryption systems, eCommerce technology, HVAC controllers, semiconductor testing systems, optoelectronics, fiber optics, semiconductor lasers, electromagnetic shielding, wave division multiplexing (WDM) systems, torque sensors, Ethernet communication devices, buss bars, differential signal terminators, automotive safety systems, microwave transmission controllers, LED bulbs and power distribution units.

Mr. Newman received his J.D. from DePaul University College of Law and his B.S. from The Ohio State University. He is admitted to practice in Illinois and before the United States Patent and Trademark Office and the United States Supreme Court.

Contact: Gould & Ratner LLP
222 North LaSalle Street, Suite 800
Chicago, IL 60601
United States of America
T +1 312 899 1691
E dnewman@gouldratner.com
newman

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 the LCIA; ICC; AAA/ICDR; HKIAC ( Hong Kong); SIAC and SIMC ( Singapore); KLRAC ( Kuala Lumpur); SCIA High Technology & IP Arbitration Centre ( Shenzhen); and JAMS International. He also holds appointments as arbitrator for the IFTA ( Independent Film & Television Alliance) and as Chairman of an ICC Dispute Resolution Board. He is a Member of the CIArb.

Mr. Perkins was formerly a member of several professional bodies including the International Bar Association ( IBA); the American Bar Association (ABA); the American Intellectual Property Association (AIPLA); the Association of Practitioners in Intellectual Property ( AIPPI); the International Trademark Association ( INTA); the European Communities Trademark Association (ECTA); MARQUES; and an Associate Member of the The Institute  of Trade Mark Agents (ITMA) and the Chartered Institute of Patent Attorneys (CIPA). He was a Council Member o 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. He is a member of the Law Society and the European Patent Litigation Association (EPLA).

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

Contact: The Old Vicarage
Sevenhampton
Cheltenham
Glos GL54 5SW
United Kingdom
T +44 (0)1242 821 246
F +44 (0)1242 821 113
E davidclperkins@gmail.com
perkins

Matthew REED, a national of the United States of America, is a partner in the Palo Alto office of Wilson Sonsini Goodrich & Rosati, where he focuses on intellectual property litigation, including technology-focused domestic and international arbitration, patent litigation in U.S. district courts and the U.S. International Trade Commission, and trade secret disputes in state and federal court.

With a background in chemical engineering, Matt has successfully litigated numerous cases in a variety of areas, ranging from medical devices to semiconductor processing and packaging to core logic chipsets. Recently, he has been involved in a series of arbitrations regarding telecommunication technologies, obtaining awards that resulted in payments of more than USD 250 million to his clients.

Prior to entering private practice, Matt served as law clerk to the Honorable Spencer Williams of the U.S. District Court for the Northern District of California. In addition to English, Matt is fluent in Spanish.

Contact: Wilson Sonsini Goodrich & Rosati P
650 Page Mill Road
Palo Alto, CA 94304
United States of America
T +1 650 565 3990
M +1650 493 6811
E mreed@wsgr.com
reed

Maura REES, a national of the United States of America, is a partner in Wilson Sonsini Goodrich & Rosati’s Litigation Department in Palo Alto, CA, and is a 1997 graduate of the Yale Law School.

Ms. Rees represents clients in a wide variety of intellectual property disputes, including in arbitrations, U.S. courts, and the U.S. International Trade Commission. She has represented numerous parties in disputes involving IP license agreements, and in particular in disputes concerning FRAND terms and conditions and other issues of compliance under the policies of international standards-setting organizations, including ITU and ETSI. She also represents parties in a broad range of other disputes, including copyright, antitrust, and unfair competition litigation in courts throughout the United States.

Contact: Wilson Sonsini Goodrich & Rosati P
650 Page Mill Road
Palo Alto, CA 94304
United States of America
T +1 650 320 4780
M +1650 493 6811
E mrees@wsgr.com
rees

Richard TAN is a national of Singapore and practices as a full time arbitrator.

He is qualified to practice law in Singapore, England and Wales. He was called to the Singapore bar in 1980 and has had 35 years’ experience in the law. He is a Chartered Arbitrator (UK Chartered Institute of Arbitrators), a Fellow of the CIArb and a Fellow of the Singapore Institute of Arbitrators. He is also a consultant to Morgan Lewis Stamford.

He is regarded as a leading Asian arbitrator and has served as sole arbitrator, party-appointed arbitrator and chairman or president of arbitral tribunals, as well as an emergency arbitrator, in numerous international arbitrations. He has been appointed in arbitrations under various institutional rules, including the SIAC, ICC, AAA/ICDR, HKIAC, LCIA rules as well as in ad hoc arbitrations and is on the arbitration panels of many regional and international arbitral bodies including the WIPO Arbitration and Mediation Center, American Arbitration Association/ICDR, Singapore International Arbitration Centre, Korean Commercial Arbitration Board, National Board of Arbitration Indonesia (BANI), the Kuala Lumpur Regional Centre of Arbitration, the Chartered Institute of Arbitrators, the Singapore Law Society, SIAC-Singapore Stock Exchange-Derivatives Trading, the Singapore Contractors Association, the Singapore Institute of Architects and others. He is also on the WIPO Arbitration and Mediation Centre panels for domain name, film and media, FRAND and AGICOA disputes and on the SMC panel for domain name disputes under the Singapore Domain Name Dispute Resolution Policy. He is on the SIAC panel of arbitrators for emergency relief (Emergency Arbitrator panel).

He has extensive experience in arbitration and dispute resolution work in Asia and internationally, involving construction and engineering, commercial, energy, joint ventures, shareholders agreements, corporate, technology, intellectual property, media and entertainment law. His work has involved arbitrations under the substantive or procedural laws of Singapore, Malaysia, PRC, Hong Kong, Indonesia, India, Bangladesh, Vietnam, Thailand, Myanmar, Brunei, Korea, Japan, Philippines, Mauritius, New Caledonia, Australia, many countries in Europe as well as the Middle East and the United States of America.

Mr. Tan has held various appointments, including the following:

  • Chairman of the Chartered Institute of Arbitrators, Singapore Branch (present)
  • President of the Singapore Institute of Arbitrators
  • Director on the Board of the Singapore International Arbitration Centre
  • Adjunct Associate Professor at the National University of Singapore and a faculty member on the NUS-Kings College MSc programme on Construction Law and Arbitration
  • Practice and Standards Committee of the CIArb and chair of the Professional Development committee of the CIArb Singapore Branch
  • Advisory Board member to the United Nations Conference on Trade and Development on a programme for dispute resolution
  • Advisory board member of the Singapore Film Commission
  • Honorary legal adviser to the Singapore Contractors Association, the Singapore Institute of Architects and the Singapore Film Commission
  • Member of the Singapore National Research Foundation legal task force on Interactive and Digital Media
  • Chairman of the Legal Commission, Singapore Red Cross Society
  • Vice-Chairman AIPPI Singapore group
  • Member of various committees of arbitral institutions on the drafting of rules and on ethics
  • Assessor, examiner and course director on international arbitration courses conducted by the Chartered Institute of Arbitrators, including the Fellowship workshops and award-writing modules, tutor in the World Intellectual Property Organization’s courses and workshops, and has conducted arbitration training and courses in many countries

He has been recognized by many legal directories as an expert and a leading individual in the field of international arbitration and dispute resolution.

Contact: 10 Collyer Quay
No. 27-00 Ocean Financial Centre
Singapore 049315
Singapore
T +65 6389 3000
T +65 9736 1881
F +65 6389 3099
E richard.tan@stamfordlaw.com.sg
tan