Hon. David Kappos

David J. Kappos is a partner at Cravath.  He is a leader in the field of intellectual property, including IP management and strategy, the development of global IP norms, laws and practices as well as commercialization and enforcement of innovation-based assets.  From 2009 to 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO).  In that role, he advised the President, the Secretary of Commerce and the Administration on IP policy matters.  Mr. Kappos led the Agency in dramatically reengineering its entire management and operational systems and its engagement with the global innovation community.  He was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the Leahy‑Smith America Invents Act, signed into law by President Obama in September 2011.

Prior to leading the USPTO, Mr. Kappos held several executive posts in the legal department of IBM, the world’s largest patent holder.  From 2003 to 2009, he served as the company’s chief intellectual property lawyer.  In that capacity, he managed global intellectual property activities for IBM, including all aspects of patent, trademark, copyright and trade secret protection and exploitation.  During his more than 25 years at IBM, he also served in a variety of other roles including litigation counsel and Asia Pacific IP counsel, where he led all aspects of IP protection, including licensing, transactions support and M&A activity for the Asia/Pacific region.

Securing the Future of the U.S. Biopharmaceutical Industry: The Most-Favored-Nation Paradox

By Sujai Shivakumar and Anne Pritchett The Trump administration is pursuing lowering prescription drug costs primarily to end what it describes as “global freeloading” and to ensure U.S. patients pay prices comparable to those in other developed nations. The administration argues that while the United States represents less than 5 percent
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Universities, Patents, and the Future of U.S. Competitiveness

By Shruti Sharma and Chris Borges Universities are among the most powerful engines of U.S. innovation, transforming federal research investments into scientific discoveries that underpin economic growth, technological leadership, and national security. Current law, via the Bayh-Dole Act, allows universities to patent inventions and license them to private companies, with royalties
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How Counterfeit Drugs Threaten U.S. Health and Innovation

By Anne Pritchett According to the Department of Homeland Security, counterfeit drugs “threaten national security and public safety directly when introduced into government and critical infrastructure supply chains, and indirectly if used to generate revenue for transnational criminal organizations.” Furthermore, counterfeit drugs harm pharmaceutical innovation by eroding profitability and investor
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