Agenda

8:30-9:00 Registration
9:00-9:15

Opening Comments

Prof. Robert Merges, UC Berkeley Law School

Dean Cui Guobin, Tsinghua University Law School

9:15-10:15

Session 1: Cases, Trends and Data
This data-driven session will present the latest from the US, China and Europe on invalidity rates, foreign vs. domestic win rates, damages, and injunctions, and will examine in depth several major cases.

Moderator: Kurtis MacFerrin (Google)

Ricco Zheng (IP House): Foreign win rates in China

Melissa Schneider (Darts IP): Chinese litigants in the US and Europe

Prof. Feng Shujie (Tsinghua Law): Increasing damages in Chinese IP litigation

Mark Cohen (BCLT): Case studies

10:15-10:30 Break
10:30-12:00

Concurrent Sessions

Session 2(a): SEPS, Licensing and Antitrust
Topics in this breakout session will include 5G and other key standards/technologies under development; the climate for licensing and IP transactions; trends and best practices in FRAND litigation; developments at SAMR and DOJ/FTC; and updates on the anti-monopoly law in China.

Moderator: Thomas Chia, Via Licensing

Stuart Chemtob (Wilson Sonsini): Licensor’s perspectives

Stephen Korniczky (Sheppard Mullin): Licensee’s perspectives

David Dutcher (Western Digital): Corporate perspectives

Prof. Hao Yuan (Tsinghua Law): SEP licensing and litigation in China

Michael Loch (GSM Association): Perspectives of an SDO

Sheng Li (NERA): SEP damages and injunctions across borders

 

Session 2(b): New Approaches to Jurisdiction and Liability

Topics at this session will include China’s e-commerce law, developments in bank liability in the US, trade fair enforcement, and jurisdictional issues.

Prof. Richard Buxbaum (Berkeley Law) and Piper Crowell (Nike, Inc.)

Prof. Liu Wei (Shanghai Jiaotong University/visiting scholar at Berkeley Law): Ecommerce Law of China and its impact on cross-border enforcement

Jeff Pade (Paul Hastings): Extra-territorial reach of Defend Trade Secrets Act as applied to Chinese nationals

Liaoteng Wang (East IP): Long arm jurisdiction – is it possible in China

Prof. Liu Jiarui (UCSF): Cross-border copyright enforcement

Prof. Marketa Trimble (UNLV): Trade fair enforcement

Lanier Saperstein (Dorsey): Bank liability for processing of payments to alleged counterfeiters

Helen Su (Alston & Bird): Defenses, Foreign Sovereign Immunities Act, Forum Non Conveniens Motions

12:00-1:30 Lunch
Keynote Speaker:  Mark Snyder
, Senior Vice President, Patent Counsel and Head of Litigation, Qualcomm
1:30-2:30

Concurrent Sessions

Session 3(a): The Expanding Role of Administrative Agencies
Topics at this session will include leveraging invalidity proceedings in transnational patent litigation, administrative infringement proceedings, and the role of pharmaceutical regulatory agencies in patent linkage.

Moderator: Michael Diehl (USPTO)

Dr. Gao Lulin (former SIPO Director)

Tian Lilly (PRB, CNIPA)

Jacqueline Bonilla (USPTO/PTAB)

Judge Clark S. Cheney (USITC): Developments at the USITC

Nick Bassil (Kilburn & Strode): Patent linkage/Pharmaceutical Issues

 

Session 3(b): Trade Secrets and the Trade War
This breakout focuses on developments in civil, criminal and administrative litigation of trade secrets, including the use of non-compete and non-disclosure agreements, litigating trade secret cases in Taiwan involving mainland China and the US, discovery and burden of proof, legislative reforms in China.

Moderators: James Pooley and Ron Vogel

Judge Hsiung Songmei (Taiwan IP Court): Cross-border trade secret litigation in Taiwan

Y C Zhou (Saelink Law): Hot issues facing Chinese courts on trade secrets

Jerry Xia (Anjie law firm): Managing Chinese trade secret litigation – a practitioner’s perspective

Jennifer Johnson (Dupont), invited:  Criminal and civil measures – a corporate perspective

2:30-3:45 Session 4: Planning a Litigation Strategy – Practitioners Perspectives
The panel will work through approaches to managing a multi-jurisdictional litigation program: costs, hiring local counsel, hiring experts, collecting evidence, settlement approaches, and other issues.

Moderator: Zhu Nongfan (King & Wood Mallesons)

Stan Young (Covington & Burling)

HF Huang (Jones Day)

Nick Aries (Bird & Bird)

Bob Jin (Twelve Tables Law Firm)

Feng (Janet) Zheng (Wanhuida)

Deng Fei (Edgeworth Consulting)

3:45-4:00 Break
4:00-5:30 Session 5: Judicial Panel
Topics will include best practices in IP litigation for US attorneys in China and Chinese lawyers in the US, working with juries and technical assessors, role of experts, notarization and collection of evidence, and the role of protective orders.

Moderators: Judge Jeremy Fogel (N.D. California and Federal Judicial Center, ret), and Prof. Cui Guobin (Tsinghua Law School)

Judge Andrew Guilford (C.D. California)

Judge Clark S. Cheney (USITC)

Chief Judge Randall R. Rader (CAFC, ret.)

YC Zhou (Saelink) (former Chinese IP judge)

Prof. Liu Wei (former Shanghai criminal judge)

Judge Hsiung Songmei (Taiwan IP Court)

Tian Lilly (PRB, CNIPA)

Jacqueline Bonilla (USPTO/PTAB)

5:30-5:40 Session 6: Concluding Remarks
Mark Cohen (Berkeley Law)

Yuan Hao (Tsinghua Law)

 

Reception immediately follows

Note: CLE credit will be offered