Next Step for Director Kappos:

by Dennis Crouch

Former USPTO Director David Kappos announced today that he has joined the New York corporate law firm of Cravath, Swaine & Moore LLP as a partner.  The 500+ attorney firm only has two registered patent attorneys on staff and does not directly handle patent prosecution. However, the firm is intensely involved in complex corporate deals with major intellectual property components.  The firm’s patent litigation department tends be called-on for cases that potentially have a substantial antitrust or regulatory component such as ANDA litigation and litigation associated with patents covering industry standards.

39 thoughts on “Next Step for Director Kappos:

  1. 39

    Not sure that “precious help” is actually a requirement.

    There is no “but for” rule in patent law.

  2. 38

    He should go back to software development.

    At least he would then realize how impossible it is to write code without the precious help for patent descriptions.

  3. 37

    Actually it’s at the very top, anon

    Prove it MF:

    Let’s start with an easy question to test your commitment to intellectual honesty:

    Would a reasonable person (obviously not your view) consider you to be a member of the legal academia?

    Please don’t make me chase you around for a week (or more).

  4. 36

    Both of those firms are slipping on the prosecution side as they push litigation harder. These seem more like “eat what you kill” places.

  5. 34

    you are the last person

    LOL – the last shall be first. And your blatant lies, your [shrug] and stand by mischaracterizations of law and others’ posts, your twisting of fact, your strawmen, your accusations to others of that which you do, your self-induced defeats, and your undeserved insults are what judge you MM.

    And you have been judged most severely.

  6. 33

    Intellectual honesty just isn’t too high on your priority list.

    Actually it’s at the very top, anon. With the possible exception of 101E, you are quite possibly the last person on earth in a position to judge my “intellectual honesty” (or anyone’s else’s), at least in the context of patent law.

  7. 31

    Unseemly haste— probably spent the last six months of his tenure shopping around and negotiating this deal.

  8. 30

    paraphrasing,

    Kappos: let’s talk about software in an intellectually honest manner.

    I bet you thought that was pretty funny too,

    Intellectual honesty just isn’t too high on your priority list. And that’s archived real well here. [shrug] and stand by to confirm.

  9. 29

    A fourth crrp-by with the venerable “anon” signature.

    Will this “anon” finally be the one that provides that short list of modern advanced countries that have seen the light and eliminated all IP protections?

    C’mon “anon,” pretty please?

  10. 27

    Let’s all face it: Kappos sold us out. He should stay and see through the AIA and the vast changes he has begun at the USPTO. His legacy may be nothing if the next director decides to change course.

  11. 24

    A third crrp-by with the venerable “anon” signature.

    Will this “anon” finally be the one that provides that short list of modern advanced countries that have seen the light and eliminated all IP protections?

  12. 23

    Interesting??

    That is nothing more than the same regurgitation of half-truths and untruths I have seen time and time again.

  13. 21

    What Kappos brings to the table is not only his experience at the USPTO, but he was a VP and head of IBM’s intellectual property department.

    This guy has been hobnobbing with the decision makers at big companies for a long time. What’s the old saying … “it’s not what you know, it’s who you know.”

  14. 19

    He’s probably going to rent himself out as an expert at $1,150/hr. Sending junior associates with billing rates of $550/hr to get him a cup of coffee while he peruses the expert report that’s been prepared for him.

    Good for him.

    Let’s face it: he deserves those nice things more than anybody after all he’s done to help grow the economy for hard-working Americans. Why, in five or six years we might be back to pre-recession employment levels thanks to all those patents.

    Maybe while he’s drinking that coffee he can work on developing his greatest contribution to society ever: the computer-controlled law office restroom queueing system.

  15. 18

    I would have been surprised if he didn’t go after the $$$$ when he left.

    I would have been a hundred times more suprised than you.

    Kappos on the Federal Circuit? That’s pretty funny.

  16. 17

    I’ve met one of Cravath’s patent litigators about 8 years while in-house for one potential litigation for the company. They appeared to be growing that business and are likely able to leverage their relationships with corporate clients. I also worked with them on an M&A matter which involved tech and patent issues. There would be many synergies from Kappos working at Cravath. Congratulations on the new gig.

    Ps – 9th ave has lots of great spots to eat.

  17. 16

    When a former PTO Director (think three before Kappos) left the PTO he came to my (then) firm looking for a three year contract at a guaranteed $2M/year. The firm declined.

    I can’t imagine any firm that could afford Cravath but doesn’t currently send any patent litigation to them currently is now suddenly going to be knocking down their door to hire them. What, is Kappos going to be first chairing patent infringement litigation? What’s his record in any such cases?

    He’s probably going to rent himself out as an expert at $1,150/hr. Sending junior associates with billing rates of $550/hr to get him a cup of coffee while he peruses the expert report that’s been prepared for him.

    Good for him.

  18. 15

    or head to the Federal Circuit

    Wishful thinking (and perhaps not to be put aside just yet). After all, running the Office was not a big bucks thing either.

  19. 13

    Anybody who thought Kappos was going to take a teaching position or head to the Federal Circuit didn’t look at this guy’s past history. He was head of IBM’s IP department and obviously very driven.

    I would have been surprised if he didn’t go after the $$$$ when he left.

  20. 9

    Good addition for Cravath, a long-time IBM go-to firm. Is there a patent prosecution firm equivalent of Cravath from a prestige and structure standpoint (lockstep comp to promote team harmony, high value committed clients that are fair to service providers (vs. vendor relationship))? I suspect not, which is why this may be the only real option for Kappos.

  21. 7

    Fundamentally reformed USPTO operations.
    Led in passage and implementation of major legislative reform to U.S. patent system.

    Not bad for a schmuck in 6’s eyes. Of course, he’s no Dudas (LOL – that joke finishes itself).

  22. 5

    Thanks for the clarification Dennis. I haven’t come across them in practice and I always thought they were more on the corporate/securities side of things.

    The firm’s press release is an interesting read:

    link to cravath.com

  23. 3

    Wow, this is very surprising. I expected him to end up at one of the top litigation firms like Kirkland, Quinn, etc., but not at a firm that doesn’t even do IP litigation!

    It is very, very rare for Cravath to hire from outside of their summer program, so this definitely shows that they wanted him bad for one reason or another. Good for him cashing in to one of the most profitable partnerships in the world.

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