Intellectual Property

Litigation

Recorded on: Jun. 13, 2011

SPEAKER 1: Welcome back. Welcome back. Before I introduce our next topic, I want to respond to two questions, one that was asked in the room, and one online. The question asked in the room was whether an exclusive licensee needs to join the owner of the patent in a lawsuit. And we fumbled around a little bit with the answer, and the reason we fumbled around is the answer is unclear. If the exclusive licensee has all substantial rights in the patent, ...

Recorded on: Jun. 13, 2011

IAN: We're actually a couple minutes ahead of schedule. Sasha is a partner at Ropes & Gray in Palo Alto. She is one of the folks who came over to Ropes & Gray when it merged with Fish & Neave. Fish & Neave, for those of you who've been in the patent prosecution and litigation arena is one of the most hallowed names in patent law. New York firm, it was one of the early great IP boutiques. Sasha represents diverse companies with complex ...

Recorded on: Jun. 13, 2011

SPEAKER 1: Welcome back. It's 1:45. We should be making PLI happy, because we're actually running, still, on time. So we're going to have two sessions-- Brandon and then Gary, and then a break at 3:45. I'm going to introduce Brandon now. I'll introduce Gary just before he speaks. Brandon's topic is "Critical Issues That Win a Patent Infringement Case for a Plaintiff and the Defendant." Presumably one or the other not the same issues that ...

Recorded on: Jun. 13, 2011

SPEAKER 1: OK. So our next speaker is Gary Hnath. Now, Gary Hnath is the Mayer Brown filling in former Mayer Brown partner sandwich. So first, there's Brandon. And I'm actually also former Mayer Brown. And Gary and I had the great pleasure of traveling around China, what, almost 2 years ago, now. I actually still have on my notes the itinerary for this trip since there were days, and we were talking about ITC cases to folks in China, there were days ...

Recorded on: Jun. 13, 2011

IAN N. FEINBERG: So there are a couple of Days who are well known patent litigators in Silicon Valley. One of whom is Rusty, and the other is Elizabeth. And people were surprised when I announced I was in this new firm called Feinberg Day Alberti & Thompson, and kept asking me how is it to work with Rusty. And I explained that our day is rust free. Elizabeth is a very experienced trial lawyer. Late of DLA Piper, where she spent 15 years. Her ...

Recorded on: Jun. 13, 2011

IAN N. FEINBERG: So it's 4 o'clock. We're on the home stretch. We're going to talk about the anatomy and timeline for a district court patent infringement case. We'll move fairly quickly. But before doing that, I just want to touch on damages because I know we haven't really focused on them as much as we should. So under the patent statute, a patentee is entitled to all damages caused by the infringement, but not less than a reasonable royalty. Under ...

Recorded on: Jul. 12, 2011

KATE: Welcome back. We're about to start taxiing down the runway with our wonderful little airplane. Ann, could you take it out? Ann [? Hiring, ?] can you take it out? Thank you. OK, our next speaker is Michael Keyes. And Michael has the pleasure of speaking with us on the topic of enforcing copyright. Michael is an experienced, and I do mean very experienced in court. Some people say they're litigators and when you ask them if they've ever gotten ...

Recorded on: Jul. 13, 2011

SPEAKER 1: Welcome back to Understanding Trademark Law: The Global Perspective with PLI. This is the beginning of our afternoon program. We're going to have two more presentations with a break in the middle. If any of you watching online have any questions that came up this morning, you can still submit them. And any of our audience members here, as well. I am particularly pleased to introduce Vijay Toke, who is my partner at Hiaring and Smith. He ...

Recorded on: Jul. 15, 2011

AMY TAUB: Thank you. Greetings. My name is Amy Taub, and I'm a program attorney with PLI. I would like to welcome you to today's briefing. Microsoft v. i4i: Supreme Court Upholds Clear and Convincing Standard. Is it really business as usual? Before we begin, I have some administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember that you have access to ...

Recorded on: Jul. 20, 2011

MARTA GROSS: OK. Welcome back after the break. We're on the last portion of the program. As you've now all learned all about what a patent is, patent prosecution, how to obtain patents, and a little bit about understanding-- I think what we've been trying to go through in a lot of this is the value of patents, first of all, how much the investment is into the patent in general and obtaining it. And as a company, looking at your own patents and obtaining ...

Recorded on: Jan. 10, 2012

har RICHARD RAYSMAN: --data management program. So with those observations as an introduction, I am going to turn the program over to Melissa. MELISSA KRASNOW: Good afternoon. I'm going to start our presentation by giving you the lay of the land. I'm going to talk about some recent developments. And really, if you had to boil down my presentation into three themes in the privacy world, the first thing would be disclosure. There's going to be more ...

Recorded on: Jan. 10, 2012

RICHARD RAYSMAN: I'd like to introduce our next two panelists. All the way to my right, all the way to your left is Jason Lidow, who's president of DigiTrust, the DigiTrust Group. Jason has been providing information security solutions to middle-market companies in the retail health care, not-for-profit education technology finance manufacturing, and financial industries for the past 12 years. He serves as president and founder of the DigiTrust Group, ...

Recorded on: Jan. 10, 2012

RICHARD RAYSMAN: Welcome back for our final segment of this program this afternoon, which is the coordination with law enforcement agencies. And our two panelists are Connie Yu from Sideman and Bancroft, and she concentrates her practice on business tort issues, including disputes over complex commercial transactions, banking practices, intellectual property, and real property rights, unfair competition, false advertising, and employment matters. ...

Recorded on: Jan. 24, 2012

SEEMA LAL MEEHAN: Good afternoon. My name is Seema Lal Meehan, and I'm a program attorney with Practising Law Institute. I'd like to welcome you to today's briefing, "USPTO New Rules of Practice for Ex Parte Appeals, Change and Simplification for 2012." Before we begin, I have a few administrative announcements. This briefing will be one hour in length. Please feel free to send questions at any time during the briefing. Please remember ...

Recorded on: Feb. 9, 2012

EUGENE T. PEREZ: Good morning, everyone. Just apologies ahead of time. I'm just getting over a cold, so my voice is not 100%, but no big deal, I think. Some of you actually look familiar, I think from last year. Before, we used to have, maybe, 30 some slides. And I know this first hour, there's a lot more slides this year. Well, really it's because we have this new law. And there's a lot more post-grant procedures available. The idea of this first ...

Recorded on: Feb. 9, 2012

SCOTT MCKEOWN: All right. Welcome back to the afternoon session. We've got a couple interesting topics to discuss. In contrast to what we went over this morning, I'm going to start off talking about some strategic uses of not only the new AIA proceedings, but patent reexamination as it exists today, and as it's used today, especially as it relates to litigation. After my presentation we'll have discussion of ethics, the interplay with ethics considerations ...

Recorded on: Feb. 9, 2012

GERALD M. MURPHY, JR.: OK, you hesitated, you lost. The next speaker is Barbara Mullin, and she's a partner in the Philadelphia office of Akin Gump. In terms of her background, she tries cases regularly in federal courts and arbitration panels and has argued before the Court of Appeals for the Federal Circuit. Her cases have involved diverse technological fields such as recombinant antibodies, medical devices and methods, pharmaceuticals, and semiconductor ...

Recorded on: Mar. 5, 2012

SCOTT M. ALTER: Next panel is going to be relating to product clearances, design-arounds, avoiding injunctions, and related type of topics. And we are very fortunate enough to have two great speakers talking about these issues today. One of them is Greg Kirsch, two down from me there. Greg is a partner and registered patent attorney with Ballard Spahr in Atlanta. Greg leads the firm's software, electronics, and communications technology patent team, ...

Recorded on: Mar. 5, 2012

SPEAKER: OK, thank you, gentlemen. I think if there any questions, you guys will be around for a little bit? Because we're right up against the next session here, which is What's Hot in Patent Licensing Law? And for that we have Peter Brown, coming up on this side here to talk to us about that. Peter is the national leader of Baker-Hostetler's technology law practice, and resides in the New York City office. He maintains an active practice in technology ...

Recorded on: Mar. 5, 2012

DOUGLAS R. NEMEC: Morning, everybody. And thank you again for coming out for the Patent Law Institute. It's great to see so many full seats out there. And those of you in the webcast audience, we can't see you, so rest assured. But we know you're there, and we appreciate your joining as well. And thanks also to Bob for the great keynote address. It looks like we've got an exciting couple of years ahead, certainly in the prosecution world, but in ...

Recorded on: Mar. 5, 2012

SCOTT: With our next panel, Patent Quality and Cost Effectiveness, we used from in-house, and we're very fortunate to have three excellent speakers from in-house to talk to us about their thoughts on the topic. To my immediate right is Serena Farquharson-Torres, who is the global head currently, and patent support for consumer health care, for Sanofi. She's responsible for developing and coordinating implementation of Sanofi's patent strategy for ...

Recorded on: Mar. 5, 2012

SCOTT ALTER: Just going to go right into our next session here, which is the continuing importance of opinions of counsel in light of recent court decisions. And for that, we have Jeff Zachmann to talk to us about that. And he is counsel on IBM's corporate litigation department. He's been with IBM since 1988. Since joining the litigation department in '92, has managed over 100 IP litigations for IBM, the majority being patent cases. So he has a lot ...

Recorded on: Mar. 5, 2012

SCOTT M. ALTER: OK, we're going to go ahead and get started. Good morning everyone. Welcome back. I'm going to talk about inter partes review and post grant review. We have new laws, new rules, and new strategies. It's a brave new world, so a lot to cover. We have two terrific speakers to talk about the subject this morning. To my immediate right is Bill Weimer, my colleague at Faegre Baker Daniels where he is a partner in the intellectual property ...

Recorded on: Mar. 7, 2012

RON LAURIE: So with that, let's get started with the first panel. We have here some of the most experienced outside counsel with very prestigious law firms, who have long and extensive experience at the intersection of M&A and intellectual property. On my right is Jose Esteves with whom I had the pleasure of practicing at Skadden for a number of years and has, as I say, a lot of deal experience, and particularly has some things to say about the difference ...

Recorded on: Mar. 7, 2012

RON LAURIE: OK, welcome back to the afternoon session. The first panel is on the subject of diligence. And you've heard a number of previous speakers talk about the challenges of diligencing patent quality, and especially for very large portfolios. The moderator of this panel is Kent Richardson. I'm pleased to say that Kent is a partner of mine in a new venture called Deal Consensus. And maybe you'll hear some more about that because it relates directly ...