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.

The Use of March-In Rights Could Undermine Innovation and National Security

By Hideki Tomoshige and Sujai Shivakumar By accelerating new products to market, the nation’s innovation system—a network of interconnected activities across university researchers, small and large businesses, and venture capital and other financial organizations, among other actors—enhances economic growth, competitiveness, and national security. Securing the future of this innovation system
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Intellectual Property Rights in the U.S.-China Innovation Competition

By Chris Borges The United States is engaged in a competition for technology and innovation leadership with China, with both nations making significant investments in their domestic innovation systems while seeking to undermine the other’s innovation system. The United States, for instance, has implemented export controls and investment restrictions to slow China’s
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Informing the Innovation Policy Debate: Key Concepts in Copyright Laws for Generative AI

By Julia Yoon and Chris Borges Since OpenAI released ChatGPT to the public in November 2022, the use of and investment in generative artificial intelligence (AI) has exploded. Companies have released dozens of new models that can create text, images, sound, and even video, while investments in generative AI quintupled from
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