Intellectual Property

Transcripts

Recorded on: Apr. 24, 2013

LATEEF MTIMA: OK. This is like that Bette Davis line, "Fasten your seat belts, this is going to be a bumpy ride," not only because this is DMCA, but, literally, talk about up-to-the-minute developments. Some of the latest key decisions on the DMCA have been happening over the last couple of weeks. And in fact, we had a decision just yesterday. So last night I'm tinkering getting this stuff in. OK. So I'm going to talk about the DMCA. And ...

Recorded on: Apr. 24, 2013

PETER JASZI: In fact, I actually am going to give a presentation today that will at least initially be a little more upbeat than the title suggests, the title being, Can Fair Use Be Fixed, implying, I think, that it needs to be fixed. And I actually would like to throw into doubt or open up for argument the question about whether any fix is required or, indeed, whether any fix is likely to do more good than harm. So let me start by going in at the ...

Recorded on: Apr. 24, 2013

SPEAKER 1: The last leg-- Alida Camp. ALIDA CAMP: It's probably the end of a long day, but this is a bit different. What I'm here to do is try to encourage you to use mediation and arbitration as alternatives to litigation in not only copyright, but really any disputes. But it makes a lot of sense in copyright. Is it always appropriate? No. But do I think it's something that you ought to discuss with your clients with the parties to the case with ...

Recorded on: Apr. 24, 2013

NANCY J. MERTZEL: Good morning, everyone. It's a pleasure to be here with you and to be with the distinguished group of faculty. I particularly like the American University theme, since I graduated there and got my start in copyright law with Professor Jaszi. I took every class that he taught while I was there. SPEAKER 1: But you're not being graded today. [LAUGHTER] NANCY J. MERTZEL: That's right. SPEAKER 2: Not by Peter. [LAUGHTER] NANCY J. ...

Recorded on: Apr. 24, 2013

RICHARD DANNAY: OK. Welcome back. I hope everyone had a good lunch. We have a great panel for this afternoon. Unfortunately, the moderator's voice is barely in play, but I'm going to introduce all three of our speakers as I did in the morning. And then Simon will begin. To my right and our first speaker in the afternoon is Simon Frankel, who is a litigation partner in the San Francisco office of Covington & Burling and chair of his firm's intellectual ...

Recorded on: Apr. 24, 2013

PETER JASZI: OK. The contractualization of copyright. In my view, one of the most interesting and important topics. Listen up. GLORIA C. PHARES: All right. So I have the daunting task of being the last thing that stands between you and lunch. And before getting to my presentation, though, I want to explain the copyright licensing materials in your handbook. The outline and the cut off for the outline is January 18. And the table of contents, which ...

Recorded on: Apr. 18, 2013

SPEAKER 1: We're going to continue right here from the table since we've shifted. Our next speaker is Kristina Rosette. Kristina is of counsel in the Washington office of Covington & Burling. Her practice focuses on domain name, internet, and trademark matters. She has unique expertise in domain name issues, including drafting the ICANN policy recommendations for new gTLDs, developing and implementing trademark protections in new gTLDs, drafting ...

Recorded on: Apr. 18, 2013

JOSEPH WELCH: Thank you, Karen. Good to see all of you here today. Some of you may remember from last year when I had to wear dark glasses. It's certainly much brighter in here this morning than I remember from last year. It's good to see all of you and I can see you a little better. Let's start out with one that made a big splash in the media. Apple gets to register its store design. You can see on the slide a partial description of what's in the ...

Recorded on: Apr. 18, 2013

KIERAN DOYLE: We're into the home stretch. For the next hour, what we'll be hearing about is trademark prosecution. And I guess there's three perspectives, at least three perspectives on trademark prosecution. There's the brand-owners' perspective. There's the practitioners' perspective, and there's the perspective of the examining attorney, the PTO perspective. And our next two speakers will be able to shed light from all three perspectives. Tricia ...

Recorded on: Apr. 18, 2013

KIERAN DOYLE: Cut that break tight. Thank you for all returning so quickly. Next up, we're going to hear about insurance coverage in IP cases. And we're going to hear from David Gauntlett. David is the principle of Gauntlett and Associates in Irvine, California. He represents policyholders in coverage cases involving IP. David litigates in federal and state courts all over the country. And he's always on the cutting edge of this issue, and often making ...

Recorded on: Apr. 18, 2013

SPEAKER 1: Welcome back, everybody to our afternoon session of this advanced trademarks program. We are going to hear this afternoon from Jonathan Hudis, Vanessa Soman, and Joseph Drayton. Jonathan will address the topic of dual ownership of a trademark. And then Vanessa and Joe will address the topic of contributory infringement. I'll introduce all three of them now. Jonathan Hudis is a partner in the trademark and copyright practice group of Oblon, ...

Recorded on: Apr. 18, 2013

SHELDON: Thanks, Joe, and good morning, everybody. Let me personally welcome you. Our next speaker is Dean Eyler. Dean is an Intellectual Property Commercial Litigator at Gray Plant Mooty in Minneapolis. He graduated in 1996 from the University of Iowa College of Law. He clerked for the Honorable Donald P. Lay, former chief judge of the US Court of Appeals for the Eighth Circuit. Dean shares Gray Plant Mooty's IP Litigation Team and has experience ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: OK. We're going to go ahead and get started with the afternoon portion of the program. [SIDE CONVERSATION] JOSE A. ESTEVES: Yes. [SIDE CONVERSATION] JOSE A. ESTEVES: All right. So we've got the first of three panels of the afternoon program. And in this panel we're going to have presentations exploring new and emerging models related to patent monetization. And we have four speakers lined up for you. Our first is Cheryl Malone. ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: So with that, I'm going to jump right into my presentation, because there's a fair amount there. And as I indicated, we're talking about the different IP monetization techniques that are used. So why not start with what we mean by IP monetization. In my world, it's basically any technique that may be used to monetize or financially leverage intellectual property. If you think about it, and some commentators have said that, really ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: So to keep things moving, while our panelists take their place, I'm going to start with the introductions for our last panel. And our last panel is going to try to take things up a little bit higher, and talk about themes and issues affecting patent monetization. Our speakers, in alphabetical order, are Robert Aronoff. Robert is a Managing Partner at Pluritas, LLC. He is also the founder of Pluritas, which is a leading Intellectual ...

Recorded on: Apr. 17, 2013

JOSE ESTEVES: OK. We're going to get started here. We've got our second to last panel. And for this panel, we're going to be discussing patent monetization and the current environment. And we're lucky to have three panelists here with us. First, we have, in alphabetical order, we've got Abha Divine. Abha is Managing Director and Founder of Techquity Capital Management. Abha's career demonstrates proven results in the successful planning and launch ...

Recorded on: Apr. 17, 2013

JOSE A. ESTEVES: OK. We're gonna go ahead and get started. So our presenter for the next hour is Joe Yang. And he will be talking about developments in patent law that impact patent monetization. Joe is a partner at PatentEsque Law Group, LLP, where he specializes in the use of patents as business assets. He handles all types of IP transactions and has served as an arbitrator. He previously served as VP and general counsel of Cryptographic Research, ...

Recorded on: Apr. 3, 2013

SCOTT: Welcome back, everybody. We're going to get started so we can get everybody to lunch on time. So the next module is focusing on discovery, which is a new component of these PTAB mechanisms. There was, as we all learned recently thanks to the federal circuit case last week, there's certainly no discovery in inter partes reexamination. And that was pointed out by Congress, that patent owners, in particular, wanted to challenge some of these declarations ...

Recorded on: Apr. 3, 2013

SCOTT MCKEOWN: Welcome back, everybody. We're ready to kick off the afternoon session. But before we do, we did have one question that came in late. And that question was, must an IPR petition be accompanied by an expert declaration? For example, the questioner wants to know if you have clear disclosures in the prior art, maybe you can just come in without the declaration. The short answer is of course there's no requirement that you file a declaration. ...

Recorded on: Apr. 3, 2013

SCOTT A. MCKEOWN: So continuing on. And Dave's a tough act to follow, but again we're very happy to have him here. I think we got the benefit of both the PTO slides and Dave's insight, which is great. So tough act to follow. So what I want to do in this next hour is a little bit just try to pull everything together in terms of the mechanics of these procedures. And I'm not going to get into the mechanics too much other than at a very high level, ...

Recorded on: Apr. 3, 2013

ROBERT GREENE STERNE: Well, welcome again, and now we're going to be addressing the very important subject of appeals from the Board to the Federal Circuit, something that I think a lot of us are woefully deficient in our appreciation of the task at hand, and we need to get up to speed on this very important piece of the puzzle. So as we start this panel discussion, first of all, let me introduce John Dragseth, who is our other faculty member, in ...

Recorded on: Apr. 3, 2013

ROB STERNE: And we're very, very fortunate to have Dave Kappos, who recently stepped down from being our director at the PTO. I was at the PTO yesterday for a reexam interview with Deborah Jones and Art Unit 3991, and mentioned that Dave was going to be on our program today. And everyone in the room at the PTO, as well as the people at the guard desks and everywhere else, have only the nicest things to say about our speaker. Dave, you should know ...

Recorded on: Apr. 2, 2013

DAVID K. BARR: Switch to our second topic which is biologic and biosimilar drug products. And I'm fortunate to have with me sharing this topic, Betty Ryberg. And introducing Betty Ryberg, she joined Novartis in 2008 as vice president of US IP litigation for group intellectual property. And she leads Novartis Corporation's IP group. Before joining Novartis, Betty was a colleague of ours at Kaye Scholer. And she worked on numerous pharmaceutical biotech ...

Recorded on: Apr. 2, 2013

DANIEL L. REISNER: Morning, everyone. I'm going to start with the first topic of the day, which is claim construction. Judge Holderman, about five years ago, wrote, something has to change when your boss, upon reviewing your work, continues to tell you, year after year, that you are doing your job incorrectly about 1/3 to 1/2 of the time, and your customers continue to tell you their costs are too high. Judge Holderman was speaking about the Federal ...

Recorded on: Apr. 2, 2013

DANIEL L. REISNER: It's my pleasure to introduce the speakers for our last topic today. Grace Pan is a partner at Kay Scholer in our New York office. She is a graduate of Northwestern University School of Law, where she graduated Phi Delta Phi and Iota Sigma Phi. Grace speaks Chinese and Japanese, travels often to Asia, and represents numerous Asian clients with intellectual property and commercial issues. Grace is a member of numerous professional ...