Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communications Technology (2013)

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Appendix C Biographies of Committee and Staff Keith E. Maskus, Chair, is Professor of Economics at the University of Colo- rado, Boulder. He has been a Lead Economist in the Development Research Group at the World Bank. Dr. Maskus is also a Research Fellow at the Peterson Institute for International Economics, a Fellow at the Kiel Institute for World Economics, and an Adjunct Professor at the University of Adelaide. He has been a visiting professor at the University of Bocconi, and a visiting scholar at the Center for Economic Studies-Ifo Institute at the University of Munich and the China Center for Economic Research at Peking University. He also serves as a consultant for the World Bank, the World Health Organization, and the World Intellectual Property Organization. Dr. Maskus received his Ph.D. in Economics from the University of Michigan in 1981 and has written extensively about vari- ous aspects of international trade. His current research focuses on the interna- tional economic aspects of protecting intellectual property rights. He is the au- thor of Intellectual Property Rights in the Global Economy, published by the Institute for International Economics, and co-editor of International Public Goods and the Transfer of Technology under a Globalized Intellectual Property Regime, published by Cambridge University Press. He recently wrote a piece analyzing the need for reforms in U.S. patent policy, published by the Council on Foreign Relations. Rudi Bekkers is a tenured faculty member at the Eindhoven University of Technology, Netherlands and specializes in the relationship between standardi- zation and intellectual property rights. Over the last 15 years, he has published a number of papers on this topic in established journals. In addition, he performed more than a dozen commissioned studies and projects on standards for the Euro- pean Commission, the Organization for Economic Cooperation and Develop- ment (OECD), various national ministries, standards bodies such as the Europe- an Standards Telecommunications Institute (ETSI), and for companies and other stakeholders. His recent projects include a fact-finding study on intellectual property rights in standards, commissioned by the European Commission. Exe- cuted in 2010-2011, this study included a quantitative study of disclosed intel- 157 

158 Patent Challenges for Standard-Setting in the Global Economy lectual property rights for standards, and considered how design aspects of IPR policies affect an efficient and well performing market. Currently, Dr. Bekkers is collaborating with committee member Timothy Simcoe, University of Boston, to create a comprehensive, a public database of IPR disclosures at standards bodies, a project that was first announced at the a National Bureau of Economic Research (NBER) preconference on Standards, Patents and Innovation in May 2011. Marc Sandy Block is IP Counsel at IBM working in standards, bankruptcy, and IP policy. For a period, Sandy managed the corporation's Latin American patent portfolio and also managed several intellectual property law departments. For several years, Mr. Block was President of the International Intellectual Property Society (iipsny.org) and was a board member for over ten years. He was a con- tributor to the American Bar Association Manual on Standards and Develop- ment and has been a member of the ANSI IPR Policy Committee, AIPLA Standards and Open Source Committee, and IPO Standards Committee. He is also a guest lecturer at Cardozo Law School and has spoken and published arti- cles in the fields of IP, standards, and bankruptcy. He recently participated as a panelist at the FTC Workshop on Patent Issues in Standards. Prior to IBM, he was a patent attorney at Hall, Myers and Rose in Potomac, Maryland, and Wash- ington, DC. Also prior to IBM, a programmable implantable medication infu- sion system patent that he prepared was named a 1984 Intellectual Property Owners (IPO) Invention of the Year. In a previous incarnation, he was an officer in a Special Forces Signal Company (11th SF Group USAR) in Ft. Meade, Mar- yland. Mr. Block earned a B.S. in Electrical Engineering from Lehigh Universi- ty and a J.D. from the George Washington University Law School. Jorge L. Contreras is an Associate Professor of Law at American University’s Washington College of Law where he teaches intellectual property and property law. Previously, he served as a Senior Lecturer and Acting Director of the Intel- lectual Property Program at Washington University in St. Louis, School of Law. His research focuses on the effects of intellectual property structures and gov- ernmental regulation on the dissemination of scientific and technological inno- vation. Professor Contreras also serves as co-chair of the American Bar Associa- tion's Section of Science and Technology Law Committee on Technical Standardization and co-chair of the National Conference of Lawyers and Scien- tists. Professor Contreras is the editor of the American Bar Association's Tech- nical Standards Patent Policy Manual (ABA Publishing: Chicago, 2007) and has published numerous articles and book chapters relating to legal issues surround- ing intellectual property, scientific research, and standards development. He has served as the principal legal counsel to the Internet Engineering Task Force (IETF), the leading developer of Internet architecture, transport and security standards, since 1998 and is a Fellow of the American Bar Foundation. Prior to entering academia Professor Contreras was a partner at the international law firm Wilmer Cutler Pickering Hale and Dorr LLP. Professor Contreras holds 

Appendix C 159 Bachelor of Arts and Bachelor of Science in Electrical Engineering degrees from Rice University and a Juris Doctor degree from Harvard Law School. Richard Gilbert is Emeritus Professor of Economics and Professor of the Graduate School at the University of California at Berkeley. He was Chair of the Department of Economics at Berkeley from 2002 to 2005 and is currently Chair of the Berkeley Competition Policy Center. From 1993 to 1995, he was Deputy Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice where he led the effort that developed joint Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property. Before serving in the Department of Justice, Dr. Gilbert was the Direc- tor of the University of California Energy Institute and Associate Editor of the Journal of Industrial Economics, the Journal of Economic Theory, and the Re- view of Industrial Organization. He is a former President of the Industrial Or- ganization Society. His research specialties are in the areas of competition poli- cy, intellectual property, and research and development. He has lectured widely and testified in proceedings before state and federal courts, regulatory commis- sions, the California Legislature, and the U.S. Congress. Dr. Gilbert holds a Ph.D. in Engineering-Economic Systems from Stanford University and Bachelor of Science and Master of Science degrees in Electrical Engineering from Cornell University. David Goodman is a member of the National Academy of Engineering and a foreign member of the Royal Academy of Engineering, a Fellow of the Institute of Electrical and Electronic Engineers, and a Fellow of the Institution of Engi- neering and Technology. He retired from his position as Professor of Electrical and Computer Engineering and Director of the Wireless Internet Center for Ad- vanced Technology (WICAT) at Polytechnic Institute of New York University in June 2008. David’s research has made fundamental contributions to digital signal processing, speech coding, and wireless information networks. He re- ceived the ACM/SIGMOBILE Award for "Outstanding Contributions to Re- search on Mobility of Systems Users, Data, and Computing" in 1997 and the Avant Garde award from the Vehicular Technology Society of the IEEE in 2003. In 1997, David served as Chairman of the National Research Council Committee studying The Evolution of Untethered Communications. He has also worked as Program Director in the Computer and Network Systems Division of the National Science Foundation (2006-2007), Head of the Electrical and Com- puter Engineering Department at Polytechnic Institute (1999-2001), and Re- search Associate at the Program on Information Resources Policy at Harvard University (1995). He is author and co-editor of several other books on wireless communications. David received a Bachelor's degree at Rensselaer Polytechnic Institute (1960), a Master's at New York University (1962), and a Ph.D. at Impe- rial College, University of London (1967), all in Electrical Engineering. 

160 Patent Challenges for Standard-Setting in the Global Economy Amy Marasco is the General Manager for Standards Strategy and Policy at Mi- crosoft. She leads a team that addresses strategic policy and engagement issues on a corporate-wide, global basis. Ms. Marasco regularly engages in policy dis- cussions involving standards, intellectual property rights and competition law issues at numerous standards bodies and in many other forums. She is a rappor- teur at the ITU-T IPR Ad Hoc Group, a co-Chairman of the Standards Policy Committee at the Intellectual Property Owners Association, and Chairman of Standards and Intellectual Property Rights Policy Committee at the Telecom- munications Industry Association. She has testified or given presentations on standards-related policy issues upon request by the U.S Federal Trade Commis- sion and U.S. Department of Justice (Antitrust Division), the European Com- mission, the Japanese Ministry of Economy, Trade and Industry (METI), China Electronic Standards Institute (CESI) and the China National Institute of Stand- ardization (CNIS) in the People’s Republic of China. Ms. Marasco joined Mi- crosoft after serving as the Vice President and General Counsel of the American National Standards Institute (ANSI) from 1994-2004. Prior to joining ANSI, she was an attorney with the law firm of Cadwalader, Wickersham & Taft in its New York office. Timothy Simcoe is Assistant Professor of Strategy and Innovation at Boston University School of Management. He is also a Faculty Research Fellow at the National Bureau of Economic Research and an Associate Editor of Management Science. Dr. Simcoe’s research specialities are the economics of innovation, science and technology policy, intellectual property and corporate strategy. He has published numerous articles and book chapters on intellectual property and standards development. Dr. Simcoe received an A.B. in Applied Math from Harvard University, an M.A. in Economics from the University of California at Berkeley, and a Ph.D. in Business Administration from the University of Cali- fornia at Berkeley. Oliver R. Smoot is a consultant on standards and intellectual property issues. He served as Chairman of the American National Standards Institute (ANSI) Board of Directors in 2001 and 2002, and past Chairman from 2003-2005. Be- fore being elected as Chairman of the ANSI Board, Mr. Smoot served in numer- ous ANSI leadership posts, including Chair of ANSI’s Finance Committee, Or- ganizational Member Council, and Patent Group. In 2003-2004, Mr. Smoot was elected for a two-year term as President of the International Organization for Standardization (ISO), a worldwide federation of national standards bodies with representatives from over 150 countries. From 2000-2005, Mr. Smoot served as Vice-President for External Voluntary Standards Relations of the Information Technology Industry Council (ITI). Prior to that appointment Mr. Smoot was ITI’s executive vice-president for 23 years. An active member of the American Bar Association for many years, Mr. Smoot served as chairman of the Section 

Appendix C 161 on Science and Technology Law and most recently as chairman of its Technical Standardization Law Committee. He has also served in numerous positions with the Computer Law Association (now the International Technology Law Asso- ciation), culminating as President. Mr. Smoot currently serves on the Executive Committee of the U.S. Policy Committee of the Association for Computing Ma- chinery. He received a B.S. from MIT and a J.D. from Georgetown University. Richard P. Suttmeier is a Professor of Political Science, Emeritus, at the Uni- versity of Oregon. He has written widely on science and technology develop- ment issues in China. His most recent publications include: "China’s IP Transi- tion: Rethinking Intellectual Property Rights in a Rising China" (with Yao Xiangkui) (National Bureau of Asian Research. July, 2011) and "Standards, Stakeholders, and Innovation: China’s Evolving Role in the Global Knowledge Economy" (with Scott Kennedy and Jun Su) (National Bureau of Asian Re- search. September, 2008). Dr. Suttmeier has served as Senior Analyst, Congres- sional Office of Technology Assessment, and Director of the Beijing Office, National Academy of Sciences/Committee on Scholarly Communication with the People's Republic of China, and as a consultant to the World Bank, the UNDP, and the U.S. government. He recently completed several months service as Senior Visiting Scholar at the Institute of Policy and Management of the Chi- nese Academy of Sciences. Andrew Updegrove is a founding partner of Gesmer Updegrove LLP, a Bos- ton-based technology law firm. He has a broad range of experience in represent- ing both mature and emerging high technology companies of all types in all as- pects of their legal affairs. Since 1988, he has also represented and helped structure more than 110 worldwide standard-setting, open source, research and development, promotional and advocacy consortia, including some of the largest standard setting organizations in the world. In 2005 he was elected to the Boards of Directors of the American National Standards Institute (ANSI) and to the Free Standards Group (FSG). In 2007 he was elected to the Board of Directors of the Linux Foundation. He is a current member of the Board of Advisors of Open Source for America, and a Charter Fellow of the OpenForum Academy. Mr. Updegrove has also provided testimony to the Department of Justice and Federal Trade Commission on standard-setting and intellectual property rights, and written and filed pro bono “friend of the court” briefs in major standards- related litigation before the Federal Circuit Court, the Supreme Court, and the Federal Trade Commission. In 2002, he conceived and launched ConsortiumIn- fo.org, an extensive website intended to provide the most comprehensive and detailed source of news and information on standard-setting, open source soft- ware project development, and forming and maintaining consortia. Mr. Up- degrove is a graduate of Yale University and the Cornell University Law School. 

162 Patent Challenges for Standard-Setting in the Global Economy Staff Stephen A. Merrill, project director, has been Executive Director of the Na- tional Academies’ Board on Science, Technology, and Economic Policy (STEP) since its formation in 1992. With the sponsorship of numerous federal govern- ment agencies, foundations, multinational corporations, and international institu- tions, the STEP program has become an important discussion forum and authori- tative voice on innovation, competitiveness, intellectual property, human resources, statistical, and research and development policies. At the same time Dr. Merrill has directed many STEP projects and publications, including A Pa- tent System for the 21st Century (2004), Innovation Inducement Prizes (2007), and Innovation in Global Industries (2008). For his work on patent reform he was named one of the 50 most influential people worldwide in the intellectual property field by Managing Intellectual Property magazine and earned the Academies’ 2005 Distinguished Service Award. He has been a member of the World Economic Forum Global Council on the Intellectual Property System. Previously, Dr. Merrill was a Fellow in International Business at the Center for Strategic and International Studies (CSIS), where he specialized in technology trade issues. He served on various congressional staffs including the U.S. Senate Commerce, Science, and Transportation Committee, where he organized the first congressional hearings on international competition in the semiconductor and biotechnology industries. Dr. Merrill holds degrees in political science from Columbia (B.A.), Oxford (MPhil), and Yale (M.A. and Ph.D.) Universities. He attended the Kennedy School of Government’s Senior Executives Program and was an adjunct professor of international affairs at Georgetown University from 1989 to 1996. Aqila Coulthurst has been Program Coordinator for STEP since the fall of 2011. Prior to joining STEP, she spent over two years in the production and marketing divisions of the National Academies Press (NAP). Ms. Coulthurst was involved in several initiatives at NAP including: direct marketing and online outreach; facilitating the sale of intellectual property rights to publishers abroad, and general operational support. Over the years, Ms. Coulthurst has worked in various capacities at Smithsonian Enterprises, the National Communi- ty Action Foundation, Kingsley Associates and the Center for Science, Technol- ogy and Economic Development at SRI International. She has extensive experi- ence conducting impact assessments and program evaluations. In addition to her interest in U.S. competitiveness and innovation policies, Ms. Coulthurst is interested in how these policies impact development abroad. She spent several years studying U.S. foreign policy and sustainable development at renowned institutions in Washington and while studying abroad in Central America. She has a B.A. in economics and in Spanish, and a certificate in mar- kets and management from Duke University. She also has a Master of Science in Foreign Service from Georgetown University.