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ARBITRATOR AND SPECIAL MASTER
Currently a full-time arbitrator, specializing in patent, other
intellectual property and technology disputes. Has served as
arbitrator for over 30 years in scores of such proceedings. He has
been selected by his peers for inclusion in Super Lawyers as an
arbitrator. The arbitrations have concerned a broad range of
technologies, from biotechnology and computer technology to
medical devices, electronics and chemistry.
He is listed on the approved arbitrator panels of the International
Centre for Dispute Resolution, American Arbitration Association
(Blue Ribbon Patent Panel and certified arbitrator), Center for Public
Resources (Technology Panel), World Intellectual Property
Organization, International Chamber of Commerce and the U.S.
Chamber of Commerce. In addition to his activities in technology
areas, he has authored scores of decisions relating to anti-
cybersquatting of trademarks as an arbitrator under the rules
adopted by the Internet Corporation for Assigned Names and
Numbers (ICANN).
Recognized for his capabilities in both patent litigation and as an
arbitrator, Mr. Creel has been appointed by several federal district
judges to serve as a Special Master to provide proper patent claim
construction, supervise all pretrial discovery, review documents on
claims of privilege and recommend rulings on summary judgment
motions.
He is the editor of The Guide to Patent Arbitration, published by
BNA Books. Mr. Creel also frequently writes and speaks on ADR of
IP disputes, covering topics such as ''How to Avoid Disputes
Through Use of ADR'' and ''ADR in the 21st Century.'' He was the
chairperson of the ADR Committee of the New York Intellectual
Property Law Association, Inc.
AREAS OF EXPERTISE
Most of Mr. Creel's arbitrations and litigations have been in the
patent area, but he has frequently also been involved in the areas
of technology, trade secrets, entertainment, trademarks, copyrights
and unfair competition.
Many of the world's largest companies entrusted their major
litigations to Mr. Creel. The technologies involved run the gamut
from complex chemistry, pharmacy and biotechnology to
microprocessors, surge protectors, electronic light dimmers,
computers and copiers. His experience as an arbitrator has also
been wide-ranging in terms of technology. Many of these involved
licensing disputes.
PUBLICATIONS
Mr. Creel is the author of the book “Patent Claim Construction and
Markman Hearings” published by the Practicing Law Institute as part
of its Treatise Series. The book is updated yearly. It has been
described as a “superb treatise” (former Chief Judge of the Court of
Appeals for the Federal Circuit), a “wise addition to any trial
lawyer’s at-hand resource selection” (renowned IP trial lawyer) and
as containing an “analysis of legal rules...mixed with sage practical
advice” (IP professor at a major law school).
He is also the editor of The Guide to Patent Arbitration, published by
BNA Books.
He has written widely on the intricacies of ADR and litigation of
patent, other intellectual property and technology disputes and on
substantive intellectual property law. His annual review of the law
of patent damages was considered to be the 'bible'' on the law of
patent damages by at least one Federal Circuit judge.
ADVOCATE AND COUNSELOR
Practiced over 30 years as a first chair intellectual property litigator
and counselor.
Was head of the Intellectual Property Litigation Practice as a partner
at Goodwin Procter LLP; co-chair of the Patent Litigation Group
while a partner at Kaye Scholer, Fierman, Hayes and Handler and a
senior litigating partner at Kenyon & Kenyon.
During government service, handled administrative patent
infringement claims against the U.S. government, participated in
patent infringement litigation in the U.S. Court of Federal Claims
and was responsible for export clearances for certain types of
important information.
One federal judge had this to say in open court about Mr. Creel's
performance in a jury trial that settled soon after Mr. Creel's
opening statement and first substantive witness:
''Counsel, I said this in Chambers, I want to say it on the record:
I've been on the federal bench a little more than a year, and state
court about four years. I have never – and I say this with all my
heart – I've never had a case as well prepared with counsel as well
qualified as this case. It's been a pleasure to be associated with
you, and I am delighted that we didn't have to see it to the end, of
course. But if every one of my cases were as well prepared and as
well litigated, as well lawyered, my job would be a great deal
easier.''
TEACHING
Co-taught the patent and trade secret law course at Columbia
University Law School for almost 20 years. He originally taught
using his own course materials.
PEER RECOGNITION
Listed in the Euromoney Guide to the World's Leading Patent Law
Experts, the Euromoney Guide to the World's Leading Trademark
Law Experts and Chambers USA: America's Leading Lawyers for
Business. These publications select lawyers for inclusion after
conducting extensive surveys of lawyers and clients. Mr. Creel is
also listed in The Best Lawyers in America and Super Lawyers, as an
arbitrator.
PROFESSIONAL ACTIVITIES
Mr. Creel served as president of the New York Intellectual Property
Law Association, Inc. and has been active in other bar associations.
Mr. Creel chaired an annual seminar on patent litigation for many
years and is often invited to speak at and chair other conferences
on substantive patent law, patent litigation and arbitration. He was
the chairperson of the annual PLI seminar ''Claim Construction and ''How to Prepare and Conduct Markman Hearings'' for many years.
BAR AND COURT ADMISSIONS
Mr. Creel is admitted to the bars of New York and Michigan; the
U.S. Supreme Court; the U.S. Courts of Appeals for the Federal,
Second, Fourth and Fifth Circuits; the U.S. District Courts for the
Southern and Eastern Districts of New York, the Northern District of
Mississippi and the Central District of California; and the U.S. Court
of Federal Claims.
He is also registered to practice before the U.S. Patent & Trademark
Office.
EDUCATION
LL.B., University of Michigan Law School
B.S., University of Kansas
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