|M.S., 2002, Johns Hopkins University|
|J.D., 1995, high honors, The George Washington University Law School|
|B.S., 1991, University of California, Los Angeles|
|District of Columbia|
|U.S. Patent and Trademark Office|
|U.S. District Court, Central District of California|
|U.S. Supreme Court|
"Local Litigation Star," District of Columbia, Benchmark Litigation, 2013
Patent and Trademark Office, U.S. Department of Commerce
Adjunct-Law Professor, International Trade Law, at Pepperdine University School of Law
|American Bar Association, Chair of Legislative Committee |
American Bar Association, Antitrust Section
|Makan's practice focuses on antitrust, public policy, intellectual property and international trade. He is a frequent commentator and author on competition law and intellectual property issues. |
Makan is a former Deputy Assistant Attorney General for the Department of Justice Antitrust Division, appointed by President George W. Bush in July 2003. He also served as a member of the U.S. Attorney General’s Task Force on Intellectual Property. His principal responsibilities included serving as the administration’s point person on international antitrust issues. In addition, Makan oversaw the Antitrust Division’s appellate litigation and policy development. During his tenure at the Department of Justice, he played key roles in the Department’s enforcement and policy development on emerging matters at the intersection of antitrust and intellectual property. In addition, he served as Chairman of the Merger Working Group of the International Competition Network (ICN), an organization of antitrust authorities whose goal is to advance global coordination and cooperation of competition law enforcement activities.
In 2003 and again in 2005, Makan was appointed by the Senate Majority Leader as a commissioner on the U.S. Antitrust Modernization Commission. The Commission was created by Congress to perform a comprehensive evaluation of antitrust laws, report to Congress and the President on its findings, and make policy and legislative recommendations.
Prior to his service at the U.S. Department of Justice, Makan served as staff director and chief counsel of the Senate Judiciary Committee, working as the principal legal and policy advisor on matters within the Committee’s jurisdiction for then-Chairman Orrin G. Hatch (R-UT). His accomplishments include historic legislation in the areas of bankruptcy, class action litigation and patent law reform, various copyright legislation as well as the USA Patriot Act. He was also the principal staff architect of landmark asbestos litigation reform legislation.
Makan has also served at the Office of the United States Trade Representative, working on intellectual property matters, and at the National Institutes of Health’s Office of Technology Transfers. Previously, Makan practiced law at the Washington, DC office of Patton Boggs.
|Filed an amicus brief on behalf of Intellectual Ventures Management and individual inventors in the U.S. Supreme Court in the Microsoft Corporation v. i4i Limited Partnership patent case. At issue was the appropriate standard of proof in a patent validity challenge. In the brief, amici argued that the statutory presumption of patent validity and long-standing precedent support the application of the existing “clear and convincing” standard. Further, given the importance of innovation and investment to the U.S. economy, a change in the standard would disturb the careful balance Congress has created and diminish the value of patents. Brownstein attorneys worked with co-counsel at Susman Godfrey on the preparation of the brief. On June 9, 2011, the Supreme Court upheld the application of the "clear and convincing" standard in an 8-0 decision.|
|Represented Warner Music Group in connection with the Universal/EMI merger.|
|Serve as the independent examiner charged with reviewing a component of an agreement between the State Attorneys General and a prominent Internet social networking company.|
Publications & Presentations
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|"Containing the Fallout from the Senate Nuclear Option," Author, Daily Journal, March 11, 2014|
|"2014 Washington Outlook," Brownstein Client Alert, January 30, 2014|
|"You, Me and the Senate Nuclear Precedent," author, Los Angeles Daily Journal, December 16, 2013|
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