Total Credits: 6 CLE, 1.5 Ethics
We are excited to announce the eleventh Annual CLE in the Garden event which will be held on March 6, 2025. This daylong event will take place at the Desert Botanical Garden’s Dorrance Center and will feature a number of locally and nationally recognized speakers.
Registration includes breakfast, lunch, and access to the gardens. All attendees and IP Section Members are invited to a Section Hosted Social Hour immediately following the program.
Presentations Include:
- IP Ethics
- Chat with United States Commissioner of Trademarks, David S. Gooder
- When Prosecution and Litigation Collide: Thoughts for Patent (and Trademark!) Prosecutors When Their Clients Go To War
- What is Happening at the PTAB, Developments and Decisions of Interest
- Cybersecurity & AI: What to know from the last year
- An Update on Non-Statutory Double Patenting and Patent Term after In re Cellect and its Progeny
Chair:
Isaac Crum, Partner, Messner Reeves LLP
Faculty:
Isaac S. Crum, Partner, Messner Reeves LLP
David S. Gooder, Commissioner for Trademarks, United States Patent and Trademark Office (USPTO)
David Hricik, Professor of Law, Mercer Law
Tom Irving, Senior Partner, The Marbury Law Group, PLLC
Ken D. Kumayama, Partner, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Andrew P. Zappia, Partner, Troutman Pepper Hamilton Sanders LLP
Isaac S. Crum of Messner Reeves LLP assists business clients in developing, protecting, and enforcing intellectual property rights through consulting and litigation. His experience includes advising consumer product companies, startups, and non-profit organizations on intellectual property strategies and litigating complex cases involving patents, trademarks, trade dress, copyrights, trade secrets, and unfair competition. Isaac crafts practical IP strategies to address today’s challenges in global e-commerce and that has given him opportunities to help companies protect their brands from knockoffs on platforms such as Amazon, eBay, and Etsy. Isaac is also well-versed in assisting non-profit organizations with developing and securing their IP portfolios to support their growth and expansion and to advance their mission. In addition to IP portfolio management consulting, Isaac has a strong track record representing companies in high-stakes patent litigation before the International Trade Commission and in district courts nationwide. His cases range from defending Fortune 10 companies in semiconductor disputes to representing small businesses and startups in trademark and patent disputes across multiple jurisdictions. His IP litigation experience includes trademark opposition proceedings, appeals to the Federal Circuit, and cases before the U.S. Supreme Court. Isaac’s educational background in computer engineering gave him a strong technical foundation for his IP work. After law school at the University of Arizona, he gained valuable experience at two top international law firms in Washington, D.C., before returning to Arizona to continue his practice and raise his family.
Andrew P. Zappia is a Partner and the Practice Group Leader of the Health Care and Life Sciences IP Group at Troutman Pepper Locke LLP. He focuses his patent dispute practice on inter partes review (IPR) proceedings before the PTAB, district court litigations, and arbitrations relating to pharmaceuticals, biotechnology, and medical devices. He is experienced in the full array of issues that arise in connection with intellectual property disputes, including patent, trademark, and copyright protection and infringement; International Trade Commission proceedings; and antitrust issues. He focuses his transactional practice on national and international M&A and licensing deals in the biotech industry. Additionally, Andrew has an active abbreviated new drug application (ANDA) patent litigation practice. He has served as lead counsel in more than two dozen ANDA litigations in the U.S. and has coordinated international patent enforcement strategies in Europe, Canada, India, Japan, New Zealand, and Australia. Many of these matters have involved billion-dollar drug products. Andrew also hosts a podcast on post-issuance practice before the USPTO. Andrew is originally from New York and obtained his undergraduate degree from Tufts University and his law degree from the University of Virginia. He has been recognized in the Best Lawyers in America, Legal 500, and Super Lawyer rankings. In his spare time, he is working on obtaining his Italian citizenship and travels there frequently.
Tom Irving is Senior Partner at the Marbury Law Group, after a 47-year career at the world-famous Finnegan firm. Tom practices U.S. patent law, including but not limited to patent law experting in district court litigations, due diligence, counseling, strategy, rendering opinions on inventorship and ownership, patentability, validity and freedom to operate, patent preparation and prosecution in the Chemical and Life Science arts and listing approved drug products and methods of treatment in FDA’s Orange Book.. Tom obtained his undergraduate B.A, degree in chemistry at the University of Utah in 1974. Tom received his law degree from The Duke University School of Law in 1977. Tom is entering his 50th year in the U.S. patent law business and in the very early years was mentored by P.J. Federico, who co-wrote the 1952 Patent Act with Judge Rich. Tom is a member of the District of Columbia bar and the bar of the U.S. Patent and Trademark Office. In addition to the practice of U.S. patent law, Tom enjoys teaching U.S. patent law for various State Bar Associations and Trade Associations, such as AIPLA, IPO, and ABA, posting prolifically on LinkedIn on U.S. patent law topics, teaching patent law webinars for Strafford, photographing nature, eating Garbanzo and Chorizo soup and Seafood Paella as often as possible, preferably at least twice a day, daily exercise, careful diet, attending and coaching from the stands the high school (and soon to be college) basketball, baseball, and softball games of the most athletically advanced of my 17 grandchildren, who range from 1 to 21 years old, and volunteering as a Sunday School teacher for the Church of Jesus Christ of Latter-day Saints, which is almost as fun as teaching U.S. patent law.
Professor David Hricik received his undergraduate degree magna cum laude and Phi Beta Kappa from the University of Arizona, where he majored in English. He received his law degree with honors from Northwestern University School of Law. He practiced with Baker Botts and small litigation boutiques from 1988 to 2002, litigating cases primarily involving patent infringement, legal malpractice, and general complex commercial matters. In 2002, he joined Mercer University School of Law, where he has taught legal ethics, patent law and litigation, federal civil procedure, and other courses. He has authored the only treatise on ethical issues in patent litigation, and co-authored the only treatise on ethical issues in patent prosecution. In addition to serving leadership positions on ethics committees with the AIPLA and ABA and serving as an expert witness, he has written dozens of articles and given well over 200 presentations on issues at the intersection of ethics and technology or intellectual property. His articles and testimony have been adopted by both state and federal courts. In 2012-13, he served as law clerk to Chief Judge Randall R. Rader at the Federal Circuit. In 2013, he rejoined Mercer and also became Of Counsel to Taylor English Duma, LLP, where he represented clients in patent and complex litigation until early 2019. He was elected to the American Law Institute in 2016 and as a Fellow of the American Intellectual Property Law Association in 2019. Finally, he began authorship of Georgia Law of Torts in 2019.
Tom Irving is the Commissioner for Trademarks at the United States Patent and Trademark Office (USPTO). The Commissioner serves as the primary agency official for trademarks, domestically and internationally, and is responsible for all aspects of the Trademarks organization, including policy, petitions, operations, register protection and administration relating to trademark examination, registration, and maintenance. Mr. Gooder has worked for more than 30 years on intellectual property and brand-protection challenges facing iconic global brands, notably in the distilled spirits and wine industries. Prior to joining the USPTO, he served as the founding Managing Director and Chief Trademark Counsel at Jack Daniel’s Properties. In that position, Mr. Gooder directed the company’s global intellectual property work, including its trademark portfolio, rights clearance, brand protection, licensing, and entertainment deals for the brands. Prior to that, Mr. Gooder practiced trademark, copyright, and entertainment law in Los Angeles and San Diego. For the International Trademark Association (INTA), Mr. Gooder has been an officer and served two terms on the Board of Directors. He has also served as Chairman of the INTA Foundation. Prior to his legal career, Mr. Gooder was a drummer and a video and music director. He is also an Eagle Scout. Mr. Gooder is a member of the State Bar of California. He received his Juris Doctor from the University of Arizona College of Law.
The Daily Journal has recognized Mr. Kumayama several times as one of the leading technology lawyers in California, including as a 2024 and 2023 Top Intellectual Property Lawyer, a 2022 Top Cybersecurity Lawyer and previously as one of the state’s Top Artificial Intelligence Lawyers. He also was honored as a 2023 Technology MVP by Law360 and has been selected as one of Lawdragon’s 100 Leading AI & Legal Tech Advisors, in addition to being named to Chambers USA and The Best Lawyers in America. He was a key member of the deal teams that received California Lawyer Attorneys of the Year (CLAY) Awards in recognition of innovative work on behalf of: Livongo Health in its $18.5 billion acquisition by Teladoc Health (2021), Intel Corporation in its $15.3 billion acquisition of Mobileye, N.V. (2018) and Broadcom Corporation in its $37 billion acquisition by Avago Technologies (2016). He represents clients in a range of technology and commercial transactions relating to the ownership, protection and exploitation of intellectual property, including IP monetization strategies, development and license agreements, co-development agreements, pharmaceutical collaboration agreements, patent and other technology license agreements, trademark and copyright license agreements, and patent and other intellectual property asset sales and acquisitions. He also counsels clients in a broad range of industries, such as in adtech, fintech and digital health, on cybersecurity- and privacy-related matters, including with respect to the California Consumer Privacy Act, Gramm-Leach-Bliley Act, data rights, and artificial intelligence and machine learning. In addition to his transactional work, Mr. Kumayama has experience in many other types of patent- and IP-related matters, including investigating and rendering freedom-to-operate, validity and non-infringement opinions; engaging in patent landscape analyses and assessing patent infringement risk; evaluating the strength of, and encumbrances on, patent portfolios; and counseling clients on patent and other strategic IP issues. He is a thought leader in patent analytics and regularly presents on the topic. He also regularly speaks on topics such as patent acquisition and M&A due diligence. Mr. Kumayama’s pre-law studies, academic research and job experience included theoretical chemistry, geophysics, bioinformatics and system administration of a Linux network, requiring a comprehensive knowledge of mathematics, computer programming (including in C++, perl and FORTRAN) and the sciences. He is fluent in Japanese and worked for more than four years in Japan, both as an attorney at a Japanese law firm and for a Japanese company. He has written about patent monetization and Internet privacy issues and has spoken, in Japanese and English, on topics such as trends in e-discovery and patent exhaustion. Mr. Kumayama serves as the co-head of the Palo Alto Hiring Committee.
