Paul Luckern, Longest-Serving ITC Administrative Law Judge, Dies

Legendary International Trade Commission Judge Paul Luckern has died, the agency announced this evening.

Luckern, who was 81 when he retired in August after 27 years of presiding over high-stakes intellectual property trials, was the longest-serving administrative law judge in ITC history.

When he began work at the ITC in 1984, the agency was an obscure backwater — a forum for fights over counterfeit toys, as one lawyer described it. But in recent years, the ITC has become the go-to spot for high-tech companies such as Apple Inc. to wage patent battles with millions of dollars on the line.

Many lawyers credit Luckern, who oversaw more than 150 cases brought under Section 337 of the Tariff Act of 1930, for playing a major role in the agency’s transformation.

“Judge Luckern nearly single-handedly made the ITC practice into what it is today — the leading forum for adjudication of the world’s most significant IP disputes,” said Covington & Burling partner Sturgis Sobin.

Adduci, Mastriani & Schaumberg managing partner James Adduci agreed. “He should be remembered as an outstanding jurist who helped raise the image of practice of Section 337 law before the U.S. International Trade Commission,” he said, adding, "Paul Luckern was not only an extraordinary human being, he was a gentlemen in the courtroom.”

ITC commissioners and staff in a statement released this evening said, “We consider it an honor and privilege to have worked with Judge Luckern, who was one of the nation's preeminent intellectual property jurists....Judge Luckern was well respected within the intellectual property legal community and widely regarded as a knowledgeable, hard working, and fair judge. For us, he was also a warm friend and colleague. He will be greatly missed.”

The cause of death was not stated.

Fish & Richardson partner Ruffin Cordell remembered Luckern as “a giant in the law, a giant in intellectual property practice, and a giant as a judge.”

Luckern was known for his extraordinary work ethic. Members of the ITC bar delight in stories of him holding trials six days a week until 10 p.m., and manning the guard desk at the ITC on Saturdays to buzz in the parties for hearings.

It was not uncommon for him to write opinions that were more than 300 pages long, shaping industries ranging from optical fiber to disposable cameras.

Luckern was raised in Auburn, N.Y. His father left school after third grade, Luckern said in a 2010 interview, and from early childhood on, "He drummed into me, 'Get an education.'" He did, graduating from Georgetown University in 1951 with a degree in chemistry. He then earned a master's degree in the subject from Cornell University in 1953.

He went on to attend law school at night at Georgetown. (In those days, he recalled, there was no LSAT or application. He just went to the office and registered.) During the day, he worked as a patent examiner, reviewing polymer patent applications — experience that he describes as "invaluable."

He earned his J.D. 1959, then worked as a patent consultant for J.R. Geigy A.G. (now part of Novartis) in Basel, Switzerland; at IP boutique Fish & Neave (acquired by Ropes & Gray in 2004); and for the Justice Department.

In 1980, Luckern was 50 years old and still wondering, "What can I do with my life now?" he recalled. He was hired as an administrative law judge by the Social Security Administration ("They were the only agency that would take me," he said), and in 1984 a position opened up at the ITC.

He never looked back. "I enjoy confronting lawyers," he said. "And I enjoy the challenge as far as the work itself goes."

Comments

[Juanita Johnson Brown]

Paul Luckern has been a friend in social groups for several years now. He loved to dance with enthusiasm and energy, dressed in sequined jackets, bow ties, and big smiles. The last function we attended was a Halloween Costume party where he dressed as an Arabian Sheik in what could have been a real garment, headdress and all. Paul was always a very welcome part of social gatherings. He will be fondly remembered and missed.

[Otto Heck]

Paul lived his life as a fervent Catholic, a faithful Knight of Columbus and a true public servant for the American people. It has been a distinct honor and privilege to know him and call him a friend. He will be greatly missed by his fellow Knights from the entire Washington, DC area.

Otto Heck
Grand Knight - Patrick Cardinal O'Boyle Council #11302 KofC

[Raymond Van Dyke]

Judge Luckern and I did two tours of China together, educating Chinese judges, attorneys and business people about America's International Trade Commission 337 Actions - to great acclaim.

The Judge always had a huge briefcase with him and handled cases via conference the whole time.

His house was filled with memorabilia from his many adventures.

My wife and I have many fond memories of the Judge and he is greatly missed.

Ray and Diana Van Dyke

[Rich Kruse]

Uncle Paul..you were a man of great intellect and great wonder. We will remember our time together with you forever, and you will always be in our hearts...you will be deeply missed.

Rich, Catherine (Wood), Alexandra & Tyler Kruse.