Top 10 Mistakes Intellectual Property Attorneys Should Avoid

Joshua L. Simmons | Kirkland & Ellis LLP

Joshua Simmons is a well-established and nationally recognized appellate and trial court litigator, who has been lauded as an “exceptional,” “forceful,” and “creative” “brainiac” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR). This “Intellectual Property Superhero” (CLS) has been named one of the “500 leading litigators in America” (Lawdragon) for his wins in copyright, patent, right of publicity, trademark, trade secret, and unfair competition litigations, as well as contract, licensing, and domain name disputes. As a “Power Lawyer” (THR) and “Trailblazer” (NLJ), he is sought after for complex cases and those of first impression; IP counseling; strategic portfolio management; as well as regulatory and legislative policy advice. His eye-catching litigations involve a range of media (film, news, publishing, social media, sports, television, theatre, and video games) and technologies (artificial intelligence, computer software and services, circuitry and semiconductors, Internet-based systems, medical devices, and telecommunications).

Josh routinely is recognized for his high-profile appellate, IP, media, entertainment, and technology representations, including by Chambers & Partners, World Trademark Review, Legal 500, and Benchmark Litigation. Numerous publications also have honored Josh for his ground-breaking achievements, including The Hollywood Reporter, National Law Journal, Columbia Law News, American Lawyer, Managing Intellectual Property, and Law360.

In addition to his full-time litigation practice, Josh hosts PLI’s IP Discussions with Joshua Simmons, and frequently speaks and authors numerous articles on emerging IP trends. He is an active member of the IP bar, serving as an officer and Council member for the ABA Intellectual Property Law Section; chairing various copyright, trademark, Internet, social media, and software committees and task forces; and liaising to organizations on copyright and right of publicity issues. And he is an advisor to Columbia Law School’s Kernochan Center.

Leslie Schmidt | Kirkland & Ellis LLP

Leslie Schmidt is a partner in Kirkland’s New York office. Her practice focuses on intellectual property litigation, and she has also been active in pro bono matters. Leslie has represented clients in patent infringement litigations involving a variety of technologies including pharmaceuticals, medical devices, software, batteries, and marine-seismic technology. Leslie also has experience with appellate litigation before the Federal Circuit and has argued before the Seventh Circuit. Leslie is a consistent recipient of Kirkland’s Pro Bono Service Award, and currently supervises the veterans benefits program in the New York office.

Leslie was named to “40 & Under Hot List” by Benchmark Litigation in 2020–2022. She was recognized as a 2019 “Rising Star” in Intellectual Property Litigation by Law360. She was also included in Law360’s “Legal Lions” feature in February 2020 for her work for Motorola Solutions.

I. Preparing the IP chain of title for litigation | 2:00pm – 2:20pm

II. Claim construction pitfalls | 2:20pm – 2:40pm

III. Approaching discovery and trial with an eye toward future appeals | 2:40pm – 3:00pm