Thursday, December 11, 2014
7:30 AM |
Registration Opens
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8:20 AM |
Welcoming Remarks |
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8:30 AM0.75 hr |
Patentable Subject Matter: From Software to Genes
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9:15 AM0.50 hr |
Joint/Divided InfringementInfringement Limelight Networks, Inc. v. Akamai Technologies, Inc. has revived the divided infringement defense for induced infringement, and brought the issue of direct infringement into to the spotlight. This presentation will evaluate the history of divided infringement at the Federal Circuit, the Supreme Court’s Akamai decision, and more recent developments. Matthias Kamber, Keker & Van Nest LLP [Presentation PDF] |
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9:45 AM0.50 hr |
Indirect Infringement: It’s a State of MindRecent case law has strengthened the intent requirements for proving indirect infringement. In this session, we will discuss that case law as well as litigation and reexamination strategies opened up by those developments. Clement S. Roberts, Durie Tangri LLP [Presentation PDF] |
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10:15 AM |
Break |
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10:30 AM1.50 hr (including 0.25 ethics) |
Is District Court Litigation Essentially Over? Everyone is at the PTABThis panel will explore the impact of the InterPartes review and covered business methods at the Patent Trial and Appeal Board. Why is it the venue of choice these days? What are the advantages/disadvantages? What trends are emerging? Moderator: Panelists: |
Presiding Officer:
Ronald S. Laurie, Inflexion Point
12:00 PM |
BreakPick up lunch |
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12:15 PM0.75 hr |
Lunch Keynote: A Conversation with Chief Judge Prost: Her Experiences on the Court and Where She Thinks the Court is Going
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1:00 PM1.50 hr |
Prosecution Update
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2:30 PM |
Break |
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2:45 PM0.75 hr |
Effective Strategies and Trend-Spotting in Patent Damages
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3:30 PM0.75 hr |
Fair, Reasonable, and Non-Discriminatory Terms (FRAND) and Standard Essential Patents (SEP): Emerging Issues After Microsoft, Innovatio and Apple
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4:15 PM1.00 hr |
Judges Panel
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5:15 PM |
Closing Remarks
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Friday, December 12, 2014
Presiding Officer:
Sean DeBruine, Kilpatrick Townsend & Stockton LLP
8:00 AM |
Conference Room Opens & Continental Breakfast |
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8:30 AM1.00 hr |
Definiteness and Functional ClaimingClaim definiteness has become a focus of policy discussions – are imprecisely drafted claims leading to unwarranted patent litigation? – as well as substantial litigation to better define the statutory mandate of claims “particularly pointing out and distinctly claiming” what has been invented. The panel will approach the issue in view of the Supreme Court’s new standard for definiteness in its 2014 decision in Nautilus v. Biosig Instruments, and will also focus on issues relating to “functional claiming,” both in the Courts and in the US Patent and Trademark Office (US PTO). Moderator: Panelists: |
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9:30 AM0.50 hr |
Our Divided Patent SystemProfessor Lemley will report the results of the first comprehensive study of patent litigation outcomes in nearly twenty years. It includes some surprising findings on who wins – and who loses – patent lawsuits. Mark Lemley, Stanford Law School; Durie Tangri LLP [Presentation PDF] |
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10:00 AM |
Break |
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10:15 AM0.25 hr |
Assignor Estoppel: An Ancient Square Peg in a Modern Round Hole? [Cancelled]The doctrine of assignor estoppel was developed within a historical, and now quite dated, economic and commercial context. The modern contexts in which it has been applied are very different. Does the doctrine still make sense in the modern economy? This talk will explore that question. Vernon M. Winters, Sidley Austin LLP [Presentation PDF] |
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10:30 AM0.50 hr |
Multidistrict Litigation, Forum Selection, and Transfer: Tips and TrendsWhere a patent case is filed – and where it ends up – has a substantial impact on the likely outcome and the odds of settlement. This session looks at patentees’ favorite forums, recent developments in the law governing transfer, and trends in the utilization of Multidistrict Litigation (MDL) by patentees and defendants. Julie M. Holloway, Latham & Watkins LLP [Presentation PDF] |
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11:00 AM0.75 hr (including 0.50 ethics) |
The Ethical Implications of Discovery and Pleading Reform EffortsChris and Doug will address recent cases and reform efforts currently underway aimed at streamlining patent litigation by heightening pleading requirements, adopting a more focused approach to discovery, and staging discovery. Progress on these fronts may ease the ethical concerns that plague counsel regarding preservation, collection and production of electronically stored information. Christian E. Mammen, Hogan Lovells LLP [Presentation PDF] |
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11:45 AM0.50 ethics |
Ethics Issues Raised by Client and Third Party Claims Against IP LawyersUsing a review of client and third party claims against IP lawyers in the past twelve months, this presentation will identify recurring ethics issues and offer suggestions on how to handle them correctly. John Steele, John Steele Law [Presentation PDF] |
Presiding Officer:
Jason Kipnis, Wilmer Cutler Pickering Hale and Dorr LLP
12:15 PM |
BreakPick up lunch |
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12:30 PM0.75 hr |
LUNCH KEYNOTE: European Patent Law: Commentary on Current Trends; Strategies for a Unified FutureWith the Unitary Patent system coming ever closer, yet no date or fees known, European patent specialists Gwilym Roberts (prosecution) and Daniel Brook (litigation) speculate and strategize on best steps now and in the short to medium term. Factoring in recent changes across a geographically, legally and culturally diverse region, they present an overview of best practices in Europe for building, bolstering and enforcing your patent portfolio. Daniel Brook, Hogan Lovells International LLP [Presentation PDF] |
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1:15 PM0.50 hr |
Fee Shifting After Octane Fitness
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1:45 PM0.75 hr |
Déjà Vu All Over Again (or Not): Patent Reform 2014Proposals to reform the patent system in America are becoming a nearly permanent feature of the landscape. Are this year’s proposals more of the same or is it different this time? This panel will talk about the stalled bills in Congress, agency reforms, and other ongoing efforts to “fix” a patent system nearly everyone thinks is broken, including how judicial decisions and market-based solutions have affected the landscape and whether the courts can effectively step in when Congress fails to act. Moderator: Panelists: |
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2:30 PM |
Break |
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2:45 PM0.50 hr |
Obviousness: What’s New and Nonobvious?This session will review recent updates in the law of obviousness, both in the US Patent and Trademark Office and in litigation. Steven C. Carlson, Kasowitz, Benson, Torres & Friedman LLP [Presentation PDF] |
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3:15 PM0.50 hr |
International Trade Commission 2014: A Year in Flux (Learning from Recent Developments)This session will delve into the recent hot button issues and challenges in the world of ITC litigation, including (among others) whether the ITC is still a viable forum for patent litigation, the current state of the domestic industry requirement, indirect infringement at the ITC and the requirement for infringement at importation, the effect of the public interest on exclusion orders, and whether the ITC has jurisdiction over the electronic transmission of goods. Yar R. Chaikovsky, McDermott Will & Emery [Presentation PDF] |
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3:45 PM |
Closing Remarks |
Below is a link to the program that was mailed in late October.